HomeMy WebLinkAboutCONSENT Resolution Fish Passage Barrier Culvert Department of Public Works
O Consent Agenda
Page 1 of 1
Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Josh Peters, County Administrator
From: Eric Kuzma, Public Works Director
Agenda Date: February 9, 2026
Subject: FBRB-RCO grant application resolution for Chimacum Creek at West
Valley Rd. and Eaglemount Rd (fish passage barrier culvert
replacements)
Statement of Issue:
On January 26, 2026, Public Works staff submitted an application for a Fish Barrier Removal
Board (FBRB) grant for design and permitting costs for replacement of two fish passage
barrier culverts on West Valley Road at Chimacum Creek and one fish passage barrier culvert
on Eaglemount Road at Chimacum Creek. WA-Recreation and Conservation Office (RCO)
manages the FBRB grant process and requires a resolution be submitted with grant
applications.
Analysis/Strategic Goals/Pro's Et Con's:
The Chimacum Creek culverts at both West Valley Road and Eaglemount Road are in poor
condition. With the design requirements for replacement of fish passage barrier culverts, the
design and permitting of replacement structure requires the county to acquire grant funds to
pursue these projects.
Fiscal Impact/Cost Benefit Analysis:
Public Works staff has estimated the design and permitting costs for this project at
$1,720,000. The FBRB grant (if awarded) will provide 85% of the cost. On January 16, 2026
Public Works staff submitted a application to the U.S. Fish and Wildlife Service National Fish
Passage Program to fund the remaining 15%. Jefferson County will not definitively know if
the FBRB grant is awarded until July of 2027.
Recommendation:
Public Works recommends that the Board signs the resolution required by RCO for submission
of FBRB grant funding application for design and permitting of Chimacum Creek at West
Valley Road and Eaglemount Road fish passage barrier culvert replacements.
Department Contact: Bruce Patterson, Project Manager, 385-9169.
Revi wed By:
( ' 41P5-Vj'akS0 c /t.t;/ 6-=
Jos eters, County Administrator Date
STATE OF WASHINGTON
COUNTY OF JEFFERSON
In the matter of: x
Applying for FBRB grant funding for the x RESOLUTION NO.
Chimacum Creek at West Valley Road and x
Eaglemount Road-Fish Barrier Removal
RCO Project#25-1350 P
This resolution/authorization authorizes the person(s)identified below(in Section 2)to act as the
authorized representative/agent on behalf of Jefferson County and to legally bind Jefferson County
with respect to the above Project(s)for which we seek grant funding assistance managed through the
Recreation and Conservation Office(Office).
WHEREAS,grant assistance is requested by Jefferson County to aid in financing the cost of
the Project(s)referenced above;
NOW, THEREFORE, BE IT RESOLVED that:
1. Jefferson County has applied for or intends to apply for funding assistance managed by the
Office for the above"Project(s)."
2. Jefferson County authorizes the following persons or persons holding specified
titles/positions(and subsequent holders of those titles/positions)to execute the following
documents binding our organization on the above projects:
Grant Document Name of Signatory or Title of Person Authorized to
Sign
Grant application (submission Bruce Patterson, Engineer III, Project Manager
thereof)
Project contact(day-to-day Bruce Patterson, Engineer III, Project Manager
administering of the grant and Samantha Harper, Engineering Services Manager
communicating with the RCO) Eric Kuzma, Public Works Director
RCO Grant Agreement Jefferson County Board of County Commissioners
(Agreement)
Agreement amendments Eric Kuzma, Public Works Director
Authorizing property and real estate Eric Kuzma, Public Works Director
documents(Notice of Grant,Deed
of Right or Assignment of Rights if Monte Reinders, P.E. County Engineer
applicable).These are items that are
typical recorded on the property
with the county.
The above persons are considered an "authorized representative(s)/agent(s)" for purposes of the
documents indicated. Jefferson County shall comply with a request from the RCO to provide
documentation of persons who may be authorized to execute documents related to the grant.
3. Jefferson County has reviewed the sample RCO Grant Agreement on the Recreation and Conservation
Office's WEB SITE at:https://rco.wa.gov/wp-content/uploads/2019/06/SampleProjAgreement.pdf. We
understand and acknowledge that if offered an agreement to sign in the future, it will contain an
indemnification and legal venue stipulation and other terms and conditions substantially in the form
contained in the sample Agreement and that such terms and conditions of any signed Agreement shall be
legally binding on the sponsor if our representative/agent enters into an Agreement on our behalf.The
Office reserves the right to revise the Agreement prior to execution.
4. Jefferson County acknowledges and warrants, after conferring with its legal counsel, that its authorized
representative(s)/agent(s)have full legal authority to act and sign on behalf of the County for their assigned
role/document.
5. Grant assistance is contingent on a signed Agreement.Entering into any Agreement with the Office is
purely voluntary on our part.
6. Jefferson County understands that grant policies and requirements vary depending on the grant program
applied to,the grant program and source of funding in the Agreement,the characteristics of the project,
and the characteristics of our organization.
7. Jefferson County further understands that prior to our authorized representative(s)/agent(s)executing any of
the documents listed above,the RCO may make revisions to its sample Agreement and that such revisions
could include the indemnification and the legal venue stipulation.Jefferson County accepts the legal
obligation that we shall,prior to execution of the Agreement(s),confer with our authorized
representatives)/agent(s)as to any revisions to the project Agreement from that of the sample Agreement.
We also acknowledge and accept that if our authorized representative(s)/agent(s)executes the Agreement(s)
with any such revisions,all terms and conditions of the executed Agreement shall be conclusively deemed
to be executed with our authorization.
8. Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable
and necessary to implement the project(s)referenced above.
9. [for Recreation and Conservation Funding Board Grant Programs Only]If match is required for the grant,
we understand our organization must certify the availability of match at least one month before funding
approval. In addition,our organization understands it is responsible for supporting all non-cash matching
share commitments to this project should they not materialize.
10. Jefferson County acknowledges that if it receives grant funds managed by the Office,the Office will pay us
on only a reimbursement basis.We understand reimbursement basis means that we will only request payment
from the Office after we incur grant eligible and allowable costs and pay them. The Office may also
determine an amount of retainage and hold that amount until all project deliverables,grant reports, or other
responsibilities are complete.
11. [for Acquisition Projects Only]Our organization acknowledges that any property acquired with grant
assistance must be dedicated for the purposes of the grant in perpetuity unless otherwise agreed to in
writing by our organization and the Office. We agree to dedicate the property in a signed"Deed of Right"
for fee acquisitions,or an"Assignment of Rights"for other than fee acquisitions(which documents will
be based upon the Office's standard versions of those documents),to be recorded on the title of the
property with the county auditor.Our organization acknowledges that any property
Revised 4/2024
acquired in fee title must be immediately made available to the public unless otherwise provided for in
policy,the Agreement,or authorized in writing by the Office Director.
12. [for Development,Renovation,Enhancement,and Restoration Projects Only—If our organization
owns the project property] Our organization acknowledges that any property owned by our organization
that is developed,renovated,enhanced,or restored with grant assistance must be dedicated for the purpose
of the grant in perpetuity unless otherwise allowed by grant program policy,or Office in writing and per
the Agreement or an amendment thereto.
13. [for Development,Renovation,Enhancement,and Restoration Projects Only—If your organization
DOES NOT own the property] Our organization acknowledges that any property not owned by our
organization that is developed,renovated,enhanced,or restored with grant assistance must be dedicated for
the purpose of the grant as required by grant program policies unless otherwise provided for per the
Agreement or anamendment thereto.
14. [Only for Projects located in Water Resources Inventory Areas 1-19 that are applying for funds
from the Critical Habitat,Natural Areas,State Lands Restoration and Enhancement,Riparian
Protection,or Urban Wildlife Habitat grant categories;Aquatic Lands Enhancement Account;or
the Puget Sound Acquisition and Restoration program,or a Salmon Recovery Funding Board
approved grant] Our organization certifies the following:the Project does not conflict with the Puget
Sound Action Agenda developed by the Puget Sound Partnership under RCW 90.71.310.
15. This resolution/authorization is deemed to be part of the formal grant application to the Office.
16. Our organization warrants and certifies that this resolution/authorization was properly and lawfully
adopted following the requirements of our organization and applicable laws and policies and that our
organization has full legal authority to commit our organization to the warranties,certifications,promises
and obligations set forth herein.
This resolution/authorization is signed and approved on behalf of the resolving body of our organization by the
following authorized member(s):
(SIGNATURES ARE ON THE FOLLOWING PAGE)
Revised 4/2024
PASSED AND ADOPTED THIS DAY OF
JEFFERSON COUNTY BOARD OF COMMISSIONERS
SEAL:
Heather Dudley-Nollette, District 1
A II'EST
Heidi Eisenhour,District 2
Carolyn Gallaway,CMC Greg Brotherton,District 3
Clerk of the Board
Approved as to form only:
Philip C.Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
Revised 4/2024
DRAFT RESOLUTION from WA RCO - As noted at bottom of second page,the draft resolution can
be in the format used by Jefferson County, but the text cannot change.
li WASHINGTON STATE
Recreation and
Conservation Office
Applicant Resolution/Authorization
Organization Name(sponsor)
Resolution No.or Document Name
Project(s)Number(s),and Name(s)
This resolution/authorization authorizes the person(s)identified below(in Section 2)to act as the authorized
representative/agent on behalf of our organization and to legally bind our organization with respect to the
above Project(s)for which we seek grant funding assistance managed through the Recreation and Conservation
Office(Office).
WHEREAS,grant assistance is requested by our organization to aid in financing the cost of the Project(s)
referenced above;
NOW,THEREFORE, BE IT RESOLVED that:
1. Our organization has applied for or intends to apply for funding assistance managed by the Office for
the above"Project(s)."
2. Our organization authorizes the following persons or persons holding specified titles/positions(and
subsequent holders of those titles/positions)to execute the following documents binding our
organization on the above projects:
Grant Document Name of Signatory or Title of Person Authorized to Sign
Grant application(submission thereof)
Project contact(day-to-day
administering of the grant and
communicating with the RCO)
RCO Grant Agreement(Agreement)
Agreement amendments
Authorizing property and real estate
documents(Notice of Grant, Deed of
Right or Assignment of Rights if
applicable).These are items that are
typical recorded on the property with
the county.
The above persons are considered an"authorized representative(s)/agent(s)"for purposes of the documents
indicated.Our organization shall comply with a request from the RCO to provide documentation of persons
who may be authorized to execute documents related to the grant.
•
3. Our organization has reviewed the sample RCO Grant Agreement on the Recreation and Conservation
Office's WEB SITE at: https://rco.wa.gov/wp-content/uploads/2019/06/SampleProjAgreement.pdf.We
understand and acknowledge that if offered an agreement to sign in the future,it will contain an
indemnification and legal venue stipulation and other terms and conditions substantially in the form
contained in the sample Agreement and that such terms and conditions of any signed Agreement shall
be legally binding on the sponsor if our representative/agent enters into an Agreement on our behalf.
The Office reserves the right to revise the Agreement prior to execution.
4. Our organization acknowledges and warrants,after conferring with its legal counsel,that its authorized
representative(s)/agent(s)have full legal authority to act and sign on behalf of the organization for their
assigned role/document.
5. Grant assistance is contingent on a signed Agreement.Entering into any Agreement with the Office is
purely voluntary on our part.
6. Our organization understands that grant policies and requirements vary depending on the grant
program applied to,the grant program and source of funding in the Agreement,the characteristics of
the project,and the characteristics of our organization.
7. Our organization further understands that prior to our authorized representative(s)/agent(s)executing
any of the documents listed above,the RCO may make revisions to its sample Agreement and that such
revisions could include the indemnification and the legal venue stipulation.Our organization accepts the
legal obligation that we shall,prior to execution of the Agreement(s),confer with our authorized
representative(s)/agent(s)as to any revisions to the project Agreement from that of the sample
Agreement.We also acknowledge and accept that if our authorized representative(s)/agent(s)executes
the Agreement(s)with any such revisions,all terms and conditions of the executed Agreement shall be
conclusively deemed to be executed with our authorization.
8. Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable
and necessary to implement the project(s)referenced above.
9. [for Recreation and Conservation Funding Board Grant Programs Only] If match is required for the grant,
we understand our organization must certify the availability of match at least one month before funding
approval.In addition,our organization understands it is responsible for supporting all non-cash
matching share commitments to this project should they not materialize.
10. Our organization acknowledges that if it receives grant funds managed by the Office,the Office will pay
us on only a reimbursement basis.We understand reimbursement basis means that we will only request
payment from the Office after we incur grant eligible and allowable costs and pay them.The Office may
also determine an amount of retainage and hold that amount until all project deliverables,grant reports,
or other responsibilities are complete.
11. [for Acquisition Projects Only] Our organization acknowledges that any property acquired with grant
assistance must be dedicated for the purposes of the grant in perpetuity unless otherwise agreed to in
writing by our organization and the Office.We agree to dedicate the property in a signed"Deed of
Right"for fee acquisitions,or an"Assignment of Rights"for other than fee acquisitions(which
documents will be based upon the Office's standard versions of those documents),to be recorded on
the title of the property with the county auditor.Our organization acknowledges that any property
acquired in fee title must be immediately made available to the public unless otherwise provided for in
policy,the Agreement,or authorized in writing by the Office Director.
12. [for Development, Renovation, Enhancement,and Restoration Projects Only—If our organization
owns the project property]Our organization acknowledges that any property owned by our
organization that is developed, renovated,enhanced,or restored with grant assistance must be
dedicated for the purpose of the grant in perpetuity unless otherwise allowed by grant program policy,
or Office in writing and per the Agreement or an amendment thereto.
13. [for Development,Renovation,Enhancement,and Restoration Projects Only—If your organization
DOES NOT own the property]Our organization acknowledges that any property not owned by our
organization that is developed,renovated,enhanced,or restored with grant assistance must be
dedicated for the purpose of the grant as required by grant program policies unless otherwise provided
for per the Agreement or an amendment thereto.
14. [Only for Projects located in Water Resources Inventory Areas 1-19 that are applying for funds
from the Critical Habitat,Natural Areas,State Lands Restoration and Enhancement, Riparian
Protection,or Urban Wildlife Habitat grant categories;Aquatic Lands Enhancement Account;or
the Puget Sound Acquisition and Restoration program,or a Salmon Recovery Funding Board
approved grant]Our organization certifies the following:the Project does not conflict with the Puget
Sound Action Agenda developed by the Puget Sound Partnership under RCW 90.71.310.
15. This resolution/authorization is deemed to be part of the formal grant application to the Office.
16. Our organization warrants and certifies that this resolution/authorization was properly and lawfully
adopted following the requirements of our organization and applicable laws and policies and that our
organization has full legal authority to commit our organization to the warranties,certifications,
promises and obligations set forth herein.
This resolution/authorization is signed and approved on behalf of the resolving body of our organization by the
following authorized member(s):
Signed
Title Date
On File at:
This Applicant Resolution/Authorization was adopted by our organization during the meeting held:
(Local Governments and Nonprofit Organizations Only):
Location: Date:
Washington State Attorney General's Office
Approved as to form 2/13/2020
Assistant Attorney General Date
You may reproduce the above language in your own format;however,text may not change.
SAMPLE RCO Agreement - referenced in paragraph 3 of resolution (top of second page.)
WASHINGTON STATE
, Recreation and
Conservation Office
Grant Agreement Template
This agreement template is used by the Recreation and Conservation Office (RCO) for
the management of the grant and other programs it administers. This example is
provided for review by the applicant and the applicant's counsel as they seek grants
managed by RCO.
This grant agreement will contain changes when issued based on the specifics of each
project, such as the applicant, grant program, fund source, project type, and rule or law
changes. Applicants are encouraged to thoroughly review their customized grant
agreements before signing.
RCO reserves the right to make updates to this template.
Table of Contents
RCO Grant Agreement 5
Parties of the Agreement 5
Purpose of Agreement 6
Description of Project 6
Period of Performance 6
Standard Terms and Conditions Incorporated 7
Long-Term Obligations 7
Project Funding 7
Rights and Obligations Interpreted in Light of Related Documents 7
Amendments to Agreement 8
Compliance with Applicable Statutes, Rules, and Policies 8
Special Conditions 9
Special Conditions—Cultural Resources 10
Agreement Contacts 10
Entire Agreement 11
Effective Date 11
Eligible Scope Activities 13
Project Milestones 14
Standard Terms and Conditions of the Recreation and Conservation Office 15
Standard Terms and Conditions Effective Date 15
Citations, Headings and Definitions 15
Performance by the Sponsor 22
Assignment 22
Responsibility for Project 22
4
Indemnification 23
Independent Capacity of the Sponsor 25
Conflict of Interest 25
Compliance with Applicable Law 25
Archaeological and Cultural Resources 28
Records 30
Project Funding 31
Project Reimbursements 32
Advance Payments 33
Recovery of Payments 33
Covenant Against Contingent Fees 34
Income (and Fees) and Use of Income 34
Procurement Requirements 35
Treatment of Equipment and Assets 36
Right of Inspection 36
Stewardship and Monitoring 37
Acknowledgment and Signs 37
Provisions Applying to Development, Maintenance, Renovation, and Restoration
Projects 38
Long-Term Obligations of the Projects and Sponsors 39
Construction, Operation, Use, and Maintenance of Assisted Projects 40
Provisions for Salmon Recovery Funding Board Projects 41
Order of Precedence 42
Limitation of Authority 42
Waiver of Default 43
Application Representations—Misrepresentations or Inaccuracy or Breach 43
Specific Performance 43
Termination and Suspension 43
Dispute Hearing 46
Attorneys' Fees 47
Governing Law/Venue 47
Severability 47
End of Standard Terms and Conditions 48
Special Provisions 48
Provisions for Acquisition Projects 48
Provisions for Development, Maintenance, Renovation, and Restoration Projects 52
Provisions for Boating Project Grants 53
Provisions for Boating Infrastructure Grants 54
Provisions Related to Corporate (Including Nonprofit) Sponsors 54
Provisions for Federal Subawards Only 55
Provisions for Farm and Forest Account Projects (Farmland and Forestland
Preservation Projects Only) 59
Provisions for Firearms And Archery Range Recreation Projects Only 60
Provisions for Land and Water Conservation Fund Projects Only 61
Provisions for Salmon Recovery Funding Board Projects Only 61
Provisions for Puget Sound Acquisition and Restoration Projects Only 61
Provisions Applicable Only if Federally Recognized Indian Tribe is the Sponsor 69
a
RCO Grant Agreement
Project Sponsor: Project Number:
Project Title: Approval Date:
Parties of the Agreement
This Recreation and Conservation Office Grant Agreement (Agreement) is entered into
between the State of Washington by and through the (Name of Funding Board) and the
Recreation and Conservation Office (RCO), P.O. Box 40917, Olympia, Washington 98504-
0917 and (Sponsor and primary Sponsor), Address, City WA Zip Code, and shall be
binding on the agents and all persons acting by or through the parties.
All Sponsors are equally and independently subject to all the conditions of this
Agreement except those conditions that expressly apply only to the primary Sponsor.
Prior to and during the Period of Performance, per the Applicant Resolution/
Authorizations submitted by all Sponsors (and on file with the RCO), the identified
Authorized Representative(s)/Agent(s) have full authority to legally bind the Sponsor(s)
regarding all matters related to the project identified above, including but not limited
to, full authority to: (1) sign a grant application for grant assistance, (2) enter into this
Agreement on behalf of the Sponsor(s), including indemnification, as provided therein,
(3) enter any amendments thereto on behalf of Sponsor(s), and (4) make any decisions
and submissions required with respect to the project. Agreements and amendments
must be signed by the Authorized Representative/Agent(s) of all Sponsors, unless
otherwise allowed in the AMENDMENTS TO AGREEMENT Section.
A. During the Period of Performance, in order for a Sponsor to change its
Authorized Representative/Agent as identified on the original signed Applicant
Resolution/Authorization the Sponsor must provide the RCO a new Applicant
Resolution/Authorization signed by its governing body or a written delegation of
authority to sign in lieu of originally authorized Representative/Agency(s). Unless
a new Applicant Resolution/Authorization has been provided, the RCO shall
proceed on the basis that the person who is listed as the Authorized
RCO: Project Number Date Page 5 of 70
I p
Representative in the last Resolution/Authorization that RCO has received is the
person with authority to bind the Sponsor to the Agreement (including any
amendments thereto) and decisions related to implementation of the Agreement.
B. Amendments After the Period of Performance. RCO reserves the right to request
and Sponsor has the obligation to provide, authorizations and documents that
demonstrate any signatory to an amendment has the authority to legally bind the
Sponsor as described in the above Sections.
For the purposes of this Agreement, as well as for grant management purposes with
RCO, only the primary Sponsor may act as a fiscal agent to obtain reimbursements (See
PROJECT REIMBURSEMENTS Section).
Purpose of Agreement
This Agreement sets out the terms and conditions by which a grant is made from the
State Building Construction Account of the State of Washington. The grant is
administered by the Recreation and Conservation Office (RCO).
Description of Project
Brief description of the project is added.
Period of Performance
The period of performance begins on (project start date) and ends on (project end
date). No allowable cost incurred before or after this period is eligible for
reimbursement unless specifically provided for by written amendment or addendum to
this Agreement, or specifically provided for by applicable RCWs, WACs, and any
applicable RCO manuals as of the effective date of this Agreement.
The RCO reserves the right to summarily dismiss any request to amend this Agreement
if not made at least 60 days before the project end date.
RCO: Project Number Date Page 6 of 70
Standard Terms and Conditions Incorporated
The Standard Terms and Conditions of the Recreation and Conservation Office attached
hereto are incorporated by reference as part of this Agreement.
Long-Term Obligations
For this restoration project, the Sponsor's long-term obligations shall be for a minimum
of (X) years, or more as specified in the Landowner Agreement, beginning at project
completion, unless otherwise identified in the Agreement or as approved by the funding
board or RCO.
Project Funding
The total grant award provided for this project shall not exceed (grant amount). The
RCO shall not pay any amount beyond that approved for grant funding of the project
and within the percentage as identified below. The Sponsor shall be responsible for all
total project costs that exceed this amount. The minimum matching share provided by
the Sponsor shall be as indicated below:
Percentage Dollar Amount Source of Funding
Funding Board-Fund Source X Percent $X State
Total Project Cost X Percent $X
At the direction of the legislature and RCO best practices, sponsors must utilize the
project funds in a timely and efficient manner in accordance with the project milestones
set forth in this Agreement. Projects not aptly progressing towards completion may
have funding rescinded.
Rights and Obligations Interpreted in Light of Related Documents
All rights and obligations of the parties under this Agreement are further specified in
and shall be interpreted in light of the Sponsor's application and the project summary
and eligible scope activities under which the Agreement has been approved and/or
amended as well as documents produced in the course of administering the Agreement,
including the eligible scope activities, the milestones report, progress reports, and the
final report. Provided, to the extent that information contained in such documents is
RCO: Project Number Date Page 7 of 70
irreconcilably in conflict with the Agreement, such information shall not be used to vary
the terms of the Agreement, unless the terms in the Agreement are shown to be subject
to an unintended error or omission. "Agreement" as used here and elsewhere in this
document, unless otherwise specifically stated, has the meaning set forth in the
definitions of the Standard Terms and Conditions.
Amendments to Agreement
Except as provided herein, no amendment (including without limitation, deletions) of
this Agreement will be effective unless set forth in writing signed by all parties.
Exception: extensions of the Period of Performance and minor scope adjustments need
only be signed by RCO's director or designee and consented to in writing (including
email) by the Sponsor's Authorized Representative/Agent or Sponsor's designated point
of contact for the implementation of the Agreement (who may be a person other than
the Authorized Agent/Representative), unless otherwise provided for in an amendment.
This exception does not apply to a federal government Sponsor or a Sponsor that
requests and enters into a formal amendment for extensions or minor scope
adjustments.
It is the responsibility of a Sponsor to ensure that any person who signs an amendment
on its behalf is duly authorized to do so.
Unless otherwise expressly stated in an amendment, any amendment to this Agreement
shall be deemed to include all current federal, state, and local government laws and
rules, and policies applicable and active and published in the applicable RCO manuals or
on the RCO website in effect as of the effective date of the amendment, without
limitation to the subject matter of the amendment. Provided, any update in law, rule,
policy or a manual that is incorporated as a result of an amendment shall apply only
prospectively and shall not require that an act previously done in compliance with
existing requirements be redone. However, any such amendment, unless expressly
stated, shall not extend or reduce the long-term obligation term.
Compliance with Applicable Statutes, Rules, and Policies
This Agreement is governed by, and the sponsor shall comply with, all applicable state
and federal laws and regulations, applicable RCO manuals as identified below, Exhibits,
RCO: Project Number Date Page 8 of 70
A .
and any applicable federal program and accounting rules effective as of the date of this
Agreement or as of the effective date of an amendment, unless otherwise provided in
the amendment.
Provided, any update in law, rule, policy or a manual that is incorporated as a result of
an amendment shall apply only prospectively and shall not require that an act previously
done in compliance with existing requirements be redone unless otherwise expressly
stated in the amendment.
For the purpose of this Agreement, WAC Title 420, board policies shall apply as terms of
this Agreement.
For the purpose of this Agreement, the following RCO manuals are deemed applicable
and shall apply as terms of this Agreement:
• Long-Term Obligations-Manual 7
• Reimbursements-Manual 8
• Restoration Projects-Manual 5
• Grant Program-Manual (Number)
Special Conditions
None
RCO: Project Number Date Page 9 of 70
. p
Special Conditions-Cultural Resources
Condition applies to the following area(s): (Address)
State—RCO Lead: Monitoring required: Archaeological survey was completed during the
planning phase, but a portion of this property has not been surveyed. This not yet
surveyed portion will need to either be surveyed or work in that area will need to be
monitored. This agreement requires compliance with Executive Order 21-02. RCO has
completed the initial consultation for this project and archaeological monitoring of
project activities is required. Project work must proceed in accordance with the terms of
a monitoring plan developed for related projects or a cultural resources monitoring plan
must be developed. The Sponsor must submit an archaeological monitoring report
detailing the results of the monitoring to RCO before final payment will be made.
Project activities started without approval will be considered a breach of contract. If
archaeological or historic materials are discovered while conducting project activities,
work in the immediate vicinity must stop and the Sponsor must ensure compliance with
the provisions found in this agreement. All cultural resources work must meet reporting
guidelines outlined by the Department of Archaeology and Historic Preservation.
State—RCO Lead: Proceed under an IDP: Work in the previously surveyed portion of the
APE may proceed under RCOs Inadvertent Discovery Plan with archaeological
monitoring of work near the archaeological site recorded in the 2021 CR survey. No
cultural resources work is required for this scope of work, the project may proceed in
accordance with RCO's Inadvertent Discovery Plan. Future project actions or any
changes to the scope of work may require cultural resources survey.
Agreement Contacts
The parties will provide all written communications and notices under this Agreement to
either or both the mail address and/or the email address listed below:
RCO: Project Number Date Page 10 of 70
Sponsor Project Contact RCO Contact
Name Name
Address Address
City, State, Zip Code City, State, Zip Code
Email Email
These addresses and contacts shall be effective until receipt by one party from the other
of a written notice of any change. Unless otherwise provided for in this Agreement,
decisions relating to the Agreement must be made by the Authorized
Representative/Agent, who may or may not be the Project Contact for purposes of
notices and communications.
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.
Effective Date
Unless otherwise provided for in this Agreement, this Agreement, for Project Number,
shall become effective and binding on the date signed by both the sponsor and the
RCO's authorized representative, whichever is later (Effective Date).
Reimbursements for eligible and allowable costs incurred within the period of
performance identified in the PERIOD OF PERFORMANCE Section are allowed only when
this Agreement is fully executed and an original is received by RCO.
The Sponsor has read, fully understands, and agrees to be bound by all terms and
conditions as set forth in this Agreement and the STANDARD TERMS AND CONDITIONS
OF THE RCO GRANT AGREEMENT. The signatories listed below represent and warrant
their authority to bind the parties to this Agreement.
RCO: Project Number Date Page 11 of 70
Grant Recipient Name
By: Date:
Name (printed):
Title:
State of Washington Recreation and Conservation Office
On behalf of the Funding Board
By: Date:
Megan Duffy
Director
Recreation and Conservation Office
Pre-approved as to form:
/ —a
By: Date: 01/31/2025
Assistant Attorney General
RCO: Project Number Date Page 12 of 70
Eligible Scope Activities
Restoration Metrics
Worksite #1, Location Description
Targeted salmonid ESU/DPS (A.23)
Targeted species (non-ESU species):Searun Cutthroat
Miles of Stream and/or Shoreline Treated or Protected (C.O.b)
Project Identified In a Plan or Watershed (C.O.c)
Type Of Monitoring (C.O.d.1)
Fish Passage Improvement
Miles Of Stream Made Accessible (SRFB) (C.2.b.1)
Type Of Barrier (C.2.b.3)
Bridge installed or improved (C.2.g.1)
Miles of stream made accessible by bridge installation/repair (C.2.g.3)
Number of bridges (C.2.g.2)
Fish passage blockages removed or altered (C.2.c.1)
Number of Blockages/Impediments/Barriers Removed/Altered (C.2.c.2)
RCO: Project Number Date Page 13 of 70
t l
Project Milestones
Project Milestone Report
Complete Milestone Target Date Comments/Description
_ Project Start Date of RCO Director approval.
Applied for Permits
Permits Complete
Progress Report Due
Pre-construction design deliverables
Final Design to RCO described in Application Project
Proposal.
Cultural Resources Must occur before beginning
Complete ground disturbance; see Special
Condition #1 and #2.
Bid Awarded/Contractor Anticipated date of award.
Hired
Annual Project Billing Due
Progress Report Due
Annual Project Billing Due
Progress Report Due
Restoration Started
Progress Report Due
Annual Project Billing Due
Progress Report Due
Stewardshp_Plan to RCO
Restoration Complete
Cultural Resources
Documents
As-built drawings to RCO; if
Other completed project differs from final
design.
RCO Final Inspection Date project should be completed.
Agreement End Date PROJECT CLOSING. All expenditures
must be before this date.
You have up to 90 days from
Final Billing Due Agreement End Date to submit final
invoice
Final Report Due Must be on or after final billing in
PRISM.
RCO: Project Number Date Page 14 of 70
Standard Terms and Conditions of the
Recreation and Conservation Office
Project Sponsor: Project Number:
Project Title: Approval Date:
Standard Terms and Conditions Effective Date
This document sets forth the Standard Terms and Conditions of the Recreation and
Conservation Office as of Month/Day/Year.
Citations, Headings and Definitions
A. Any citations referencing specific documents refer to the current version on the
effective date of this Agreement or the effective date of any amendment thereto.
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:
Agreement, terms of the Agreement, or project agreement—The document
entitled "RCO GRANT AGREEMENT" accepted by all parties to the present project
and transaction, including without limitation the Standard Terms and Conditions
of the RCO Grant Agreement, all exhibits, attachments, addendums,
amendments, and applicable manuals, and any intergovernmental agreements,
and/or other documents that are incorporated into the Agreement subject to any
limitations on their effect under this Agreement.
applicable manual(s), manual—A manual designated in this Agreement to apply
as terms of this Agreement, subject (if applicable) to substitution of the "RCO
director" for the term "board" in those manuals where the project is not approved
RCO: Project Number Date Page 15 of 70
i
by or funded by the referenced board, or a predecessor to the board.
applicable WAC(s)—Designated chapters or provisions of the Washington
Administrative Code that apply by their terms to the type of grant in question or
are deemed under this Agreement to apply as terms of the Agreement, subject to
substitution of the "RCO director" for the term "board" or "agency" in those cases
where the RCO has contracted to or been delegated to administer the grant
program in question.
applicant—Any party, prior to becoming a Sponsor, who meets the qualifying
standards/eligibility requirements for the grant application or request for funds in
question.
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.
Authorized Representative/Agent—A Sponsor's agent (employee, political
appointee, elected person, etc.) authorized to be the signatory of this Agreement
and any amendments requiring a Sponsor's signature. This person has the
signature authority to bind the Sponsor to this Agreement, grant, and project.
C.F.R.—Code of Federal Regulations
completed project or project completion—The status of a project when all of
the following have occurred:
• The grant funded project has been inspected by the RCO and the RCO has
determined that all scopes of work to implement the project have been
completed satisfactorily.
• A final project report is submitted to and accepted by RCO.
• Any needed amendments to the Agreement have been entered by the
Sponsor and RCO and have been delivered to the RCO.
RCO: Project Number Date Page 16 of 70
• A final reimbursement request has been delivered to and paid by RCO.
• Documents affecting property rights (including RCO's as may apply) and
any applicable notice of grant, have been recorded (as may apply).
contractor—An entity that receives a contract from a Sponsor related to
performance of work or another obligation under this Agreement.
conversion—A conversion occurs 1) when facilities acquired, developed,
renovated or restored within the project area are changed to a use other than
that for which funds were approved, without obtaining prior written formal RCO
or board approval, 2) when property interests are conveyed to a third party not
otherwise eligible to receive grants in the program from which funding was
approved without obtaining prior written formal RCO or board approval, or 3)
when obligations to operate and maintain the funded property are not complied
with after reasonable opportunity to cure.
Cultural Resources—Archaeological or historic archaeological sites, historic
buildings/structures, and cultural or sacred places.
director—The chief executive officer of the Recreation and Conservation Office or
that person's designee.
effective date—The date when the signatures of all parties to this agreement are
present in the agreement.
equipment—Tangible personal property (including information technology
systems) having a useful service life of more than one year and a per-unit
acquisition cost which equals or exceeds the lesser of the capitalization level
established by the Sponsor or $5,000 (2 C.F.R. Part 200 (as updated)).
funding board or board—The Washington State Recreation and Conservation
Funding Board, or the Washington State Salmon Recovery Funding Board. Or
both as may apply.
Funding Entity—the entity that approves the project that is the subject to this
Agreement.
RCO: Project Number Date Page 17 of 70
i f
grant program—The source of the grant funds received. May be an account in
the state treasury, or a grant category within a larger grant program, or a federal
source.
indirect cost—Costs incurred for a common or joint purpose benefitting more
than one cost objective, and not readily assignable to the cost objectives
specifically benefitted, without effort disproportionate to the results achieved (2
C.F.R. 200 as updated).
long-term compliance period—The term of years, beginning on the end date of
the agreement, when long-term obligations exist for the Sponsor. The start date
and end date of the compliance period may also be prescribed by RCO per the
Agreement.
long-term obligations—Sponsor's obligations after the project end date, as
specified in the Agreement and manuals and other exhibits as may apply.
landowner agreement—An agreement that is required between a Sponsor and
landowner for projects located on land not owned, or otherwise controlled, by
the Sponsor.
match or matching share—The portion of the total project cost provided by the
Sponsor.
milestone—An important event with a defined date to track an activity related to
implementation of a funded project and monitor significant stages of project
accomplishment.
Office—Means the Recreation and Conservation Office or RCO.
pass-through entity—A non-Federal entity that provides a subaward to a
subrecipient to carry out part of a Federal program (2 CFR 200 (as updated)). If
this Agreement is a federal subaward, RCO is the pass-through entity.
period of performance—The period beginning on the project start date and
ending on the project end date.
pre-agreement cost—A project cost incurred before the period of performance.
RCO: Project Number Date Page 18 of 70
primary Sponsor—The Sponsor who is not a secondary Sponsor and who is
specifically identified in the Agreement as the entity to which RCO grants funds
to and authorizes and requires to administer the grant. Administration includes
but is not limited to acting as the fiscal agent for the grant (e.g. requesting and
accepting reimbursements, submitting reports). Primary Sponsor includes its
officers, employees, agents and successors.
project—The undertaking that is funded by this Agreement either in whole or in
part with funds administered by RCO.
project area—The area consistent with the geographic limits of the scope of work
of the project and subject to project agreement requirements. For restoration
projects, the project area must include the physical limits of the project's final site
plans or final design plans. For acquisition projects, the project area must include
the area described by the legal description of the properties acquired for or
committed to the project.
project completion or completed project—The status of a project when all of
the following have occurred:
• The grant funded project has been inspected by the RCO and the RCO has
determined that all scopes of work to implement the project have been
completed satisfactorily.
• A final project report is submitted to and accepted by RCO.
• Any needed amendments to the Agreement have been entered by the
Sponsor and RCO and have been delivered to the RCO.
• A final reimbursement request has been delivered to and paid by RCO.
• Documents affecting property rights (including RCO's as may apply) and
any applicable notice of grant, have been recorded (as may apply).
project cost—The total allowable costs incurred under this Agreement and all
required match share and voluntary committed matching share, including third-
party contributions (see also 2 C.F.R. Part 200 (as updated)) for federally funded
projects).
RCO: Project Number Date Page 19 of 70
,
project end date—The specific date identified in the Agreement on which the
period of performance ends, as may be changed by amendment. This date is not
the end date for any long-term obligations.
project start date—The specific date identified in the Agreement on which the
period of performance starts.
RCO—Recreation and Conservation Office—The state agency that administers the
grant that is the subject of this Agreement. RCO includes the director and staff.
RCW—Revised Code of Washington
reimbursement—RCO's payment of funds from eligible and allowable costs that
have already been paid by the Sponsor per the terms of the Agreement.
renovation project—A project intended to improve an existing site or structure in
order to increase its useful service life beyond current expectations or functions.
This does not include maintenance activities to maintain the facility for its
originally expected useful service life.
restoration project—A project intended to bring a site back to its historic
function as part of a natural ecosystem, or one intended to improve the
ecological or habitat functionality or capacity of (or part of) a site, landscape,
marine environment, or watershed.
restoration and/or enhancement project—A project that brings a site back to its
historic function as part of a natural ecosystem or that improves the ecological
functionality of a site or a larger ecosystem which improvement may include
benefiting fish stocks.
secondary Sponsor—One of two or more Sponsors who is not a primary Sponsor.
Only the primary Sponsor may be the fiscal agent for the project.
Sponsor—A Sponsor is an organization that is listed in and has signed this
Agreement.
Sponsor Authorized Representative/Agent—A Sponsor's agent (employee,
political appointee, elected person, etc.) authorized to be the signatory of this
RCO: Project Number Date Page 20 of 70
Agreement and any amendments requiring a Sponsor signature. This person has
the signature authority to bind the Sponsor to this Agreement, grant, and project.
SRFB—Salmon Recovery Funding Board
subaward—Funds allocated to the RCO from another organization, for which RCO
makes available to or assigns to another organization via this Agreement. Also, a
subaward may be an award provided by a pass-through entity to a subrecipient
for the subrecipient to carry out part of any award received by the pass-through
entity. It does not include payments to a contractor or payments to an individual
that is a beneficiary of a federal or other program. A subaward may be provided
through any form of legal agreement, including an agreement that the pass-
through entity considers a contract. Also see 2 C.F.R. Part 200 (as updated). For
federal subawards, a subaward is for the purpose of carrying out a portion of a
Federal award and creates a federal assistance relationship with the subrecipient
(2 C.F.R. Part 200 (as updated)). If this Agreement is a federal subaward, the
subaward amount is the grant program amount in the Project Funding Section.
subrecipient—Subrecipient means an entity that receives a subaward. For non-
federal entities receiving federal funds, a subrecipient is an entity that receives a
subaward from a pass-through entity to carry out part of a federal program; but
does not include an individual that is a beneficiary of such program. A
subrecipient may also be a recipient of other federal awards directly from a
federal awarding agency (2 C.F.R. Part 200 (as updated)). If this Agreement is a
federal subaward, the Sponsor is the subrecipient.
tribal consultation—Outreach, and consultation with one or more federally
recognized tribes (or a partnership or coalition or consortium of such tribes, or a
private tribal enterprise) whose rights will or may be significantly affected by the
proposed project. This includes sharing with potentially-affected tribes the scope
of work in the grant and potential impacts to natural areas, natural resources, and
the built environment by the project. It also includes responding to any tribal
request from such tribes and considering tribal recommendations for project
implementation which may include not proceeding with parts of the project,
altering the project concept and design, or relocating the project or not
implementing the project, all of which RCO shall have the final approval of.
RCO: Project Number Date Page 21 of 70
useful service life—Period during which a built asset, equipment, or fixture is
expected to be useable for the purpose it was acquired, installed, developed,
and/or renovated, or restored per this Agreement.
WAC—Washington Administrative Code.
Performance by the Sponsor
The Sponsor shall undertake the project as described in this Agreement, 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
RCO (to include any RCO approved changes or amendments thereto). All submitted
documents are incorporated by this reference as if fully set forth herein.
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.
Assignment
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred
or assigned by the Sponsor without prior written approval of the RCO. Sponsor shall not
sell, give, or otherwise assign to another party any property right, or alter a conveyance
(see below) for the project area acquired with this grant without prior approval of the
RCO.
Responsibility for Project
Although RCO administers the grant that is the subject of this Agreement, the project
itself remains the sole responsibility of the Sponsor. The RCO and Funding Entity (if
different from the RCO) undertakes no responsibilities to the 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
way to the project. When a project has more than one Sponsor, any and all Sponsors are
equally responsible for the project and all post-completion stewardship responsibilities
RCO: Project Number Date Page 22 of 70
r '
and long-term obligations unless otherwise stated in this Agreement.
The RCO, its employees, assigns, consultants and contractors, and members of any
funding board or advisory committee or other RCO grant review individual or body,
have no responsibility for reviewing, approving, overseeing or supervising design,
construction, or safety of the project and leaves such review, approval, oversight and
supervision exclusively to the Sponsor and others with expertise or authority. In this
respect, the RCO, its employees, assigns, consultants and contractors, and any funding
board or advisory committee or other RCO grant review individual or body will act only
to confirm at a general, lay person, and nontechnical level, solely for the purpose of
project eligibility and payment and not for safety or suitability, that the project
apparently is proceeding or has been completed as per the Agreement.
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 in connection with this
Agreement (including without limitation all work or activities thereunder), or the breach
of any obligation under this Agreement by the Sponsor or the Sponsor's agents,
employees, contractors, 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 the State, its employees and/or agents for whom the State is
vicariously 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 or employees, and (b) the State,
or its employees or agents the indemnity obligation shall be valid and enforceable only
to the extent of the Sponsor's negligence or its agents, or employees.
As part of its obligations provided above, 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
RCO: Project Number Date Page 23 of 70
,
r
specifically waives any immunity under the state industrial insurance law, RCW Title 51.
Sponsor's waiver of immunity under this provision extends only to claims against
Sponsor by Indemnitee RCO, and does not include, or extend to, any claims by
Sponsor's employees directly against Sponsor.
Sponsor shall ensure that any agreement relating to this project involving any
contractors, subcontractors and/or vendors of any tier shall require that the contracting
entity indemnify, defend, waive RCW 51 immunity, and otherwise protect the State as
provided herein as if it were the Sponsor. This shall not apply to a contractor or
subcontractor is solely donating its services to the project without compensation or
other substantial consideration.
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,
contractors, 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 methods, processes, designs,
information or other items furnished or communicated to the State, its agents, officers
and employees pursuant to the Agreement. Provided, 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 the State's, its agents', officers' and employees' failure to comply
with specific written instructions regarding use provided to the State, its agents, officers
and employees by the Sponsor, its agents, employees, contractors, subcontractors or
vendors, of any tier, or any other persons for whom the Sponsor may be legally liable.
The funding board and RCO are included within the term State, as are all other agencies,
departments, boards, councils, committees, divisions, bureaus, offices, societies, or other
entities of state government.
RCO: Project Number Date Page 24 of 70
Independent Capacity of the Sponsor
The Sponsor and its employees or agents performing under this Agreement are not
officers, employees or agents of the RCO or Funding Entity. The Sponsor will not hold
itself out as nor claim to be an officer, employee or agent of the RCO or the Funding
Entity, 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 RCW 41.06.
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.
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, RCW 42.52; 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 herein, 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 or this Agreement.
Compliance with Applicable Law
In implementing the Agreement, the Sponsor shall comply with all applicable federal,
state, and local laws (including without limitation all applicable ordinances, codes, rules,
and regulations). Such compliance includes, without any limitation as to other applicable
laws, the following laws:
A. 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 Employment Act (if applicable). In the event of the Sponsor's
RCO: Project Number Date Page 25 of 70
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 RCO or
Funding Entity. The Sponsor is responsible for any and all costs or liability arising
from the Sponsor's failure to so comply with applicable law. 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."
B. Secular Use of Funds. No funds awarded under this grant may be used to pay
for any religious activities, worship, or instruction, or for lands and facilities for
religious activities, worship, or instruction. Religious activities, worship, or
instruction may be a minor use of the grant supported recreation and
conservation land or facility.
C. 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 or
other jurisdiction 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 39.12.40. The Sponsor also agrees to comply
with the provisions of the rules and regulations of the Washington State
Department of Labor and Industries.
1. Pursuant to RCW 39.12.040(1)(a), all contractors and subcontractors shall
submit to Sponsor a statement of intent to pay prevailing wages if the need
to pay prevailing wages is required by law. If a contractor or subcontractor
intends to pay other than prevailing wages, it must provide the Sponsor with
an affirmative statement of the contractor's or subcontractor's intent. Unless
required by law, the Sponsor is not required to investigate a statement
regarding prevailing wage provided by a contractor or subcontractor.
RCO: Project Number Date Page 26 of 70
2. Exception, Service Organizations of Trail and Environmental Projects (RCW
79A.35.130). If allowed by state and federal law and rules, participants in
conservation corps programs offered by a nonprofit organization affiliated
with a national service organization established under the authority of the
national and community service trust act of 1993, P.L. 103-82, are exempt
from provisions related to rates of compensation while performing
environmental and trail maintenance work provided: (1) The nonprofit
organization must be registered as a nonprofit corporation pursuant to
RCW 24.03; (2) The nonprofit organization's management and
administrative headquarters must be located in Washington; (3) Participants
in the program must spend at least fifteen percent of their time in the
program on education and training activities; and (4) Participants in the
program must receive a stipend or living allowance as authorized by federal
or state law. Participants are exempt from provisions related to rates of
compensation only for environmental and trail maintenance work
conducted pursuant to the conservation corps program.
D. 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.
E. Debarment and Certification. 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
Washington State Department of Labor and Industries' "Debarred Contractor
List."
RCO: Project Number Date Page 27 of 70
Archaeological and Cultural Resources
A. Project Review. RCO facilitates the review of projects for potential impacts to
archaeology and cultural resources, except as those listed below. The Sponsor shall
follow RCO guidance and directives to assist it with such review as may apply.
1. Projects occurring on State/Federal Lands: Archaeological and cultural
resources compliance for projects occurring on State or Federal Agency
owned or managed lands, will be the responsibility of the respective
agency, regardless of sponsoring entity type. Prior to ground disturbing
work or alteration of a potentially historic or culturally significant structure,
or release of final payments on an acquisition, the Sponsor must provide
RCO all documentation acknowledging and demonstrating that the
applicable archaeological and cultural resources responsibilities of such
state or federal landowner or manager has been conducted.
B. Termination. RCO retains the right to terminate a project due to anticipated or
actual impacts to archaeology and cultural resources.
C. Notice To Proceed. No work shall commence in the project area until RCO has
provided a notice of cultural resources completion. RCO may require on-site
monitoring for impacts to archaeology and cultural resources during any
demolition, construction, land clearing, restoration, or repair work, and may direct
that work stop to minimize, mitigate, or avoid impacts to archaeology and
cultural resource impacts or concerns. All cultural resources requirements for non
ground disturbing projects (such as acquisition or planning projects) must be met
prior to final reimbursement.
D. Compliance and Indemnification. At all times, the Sponsor shall take
reasonable action to avoid, minimize, or mitigate adverse effects to
archaeological and historic resources in the project area, and comply with any
RCO direction for such minimization and mitigation. All federal or state cultural
resources requirements under Governor's Executive Order 21-02 and the National
Historic Preservation Act, and the State Environmental Policy Act and the National
Environmental Policy Act, and any local laws that may apply, must be completed
prior to the start of any work on the project site. The Sponsor must agree to
RCO: Project Number Date Page 28 of 70
h
indemnify and hold harmless the State of Washington in relation to any claim
related to historical or cultural artifacts discovered, disturbed, or damaged due to
the project funded under this Agreement. Sponsor shall 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 remains.
E. Costs associated with project review and evaluation of archeology and cultural
resources are eligible for reimbursement under this agreement. Costs that exceed
the budget grant amount shall be the responsibility of the Sponsor.
F. Inadvertent Discovery Plan. The Sponsor shall request, review, and be bound by
the RCO Inadvertent Discovery Plan, and:
1. Keep the IDP at the project site.
2. Make the IDP readily available to anyone working at the project site.
3. Discuss the IDP with staff and contractors working at the project site.
4. Implement the IDP when cultural resources or human remains are found at
the project site.
G. Inadvertent Discovery
1. If any archaeological or historic resources are found while conducting work
under this Agreement, the Sponsor shall immediately stop work and notify
RCO, the Department of Archaeology and Historic Preservation at (360)
586-3064, and any affected Tribe, and stop any activity that may cause
further disturbance to the archeological or historic resources.
2. If any human remains are found while conducting work under this
Agreement, Sponsor shall immediately stop work and notify the local Law
Enforcement Agency or Medical Examiner/Coroner's Office, and then RCO,
all in the most expeditious manner, and stop any activity that may cause
disturbance to the remains. Sponsor shall secure the area of the find will
and protect the remains from further disturbance until the State provides a
new notice to proceed.
RCO: Project Number Date Page 29 of 70
r
a. Any human remains discovered shall not be touched, moved, or
further disturbed unless directed by the Department of Archaeology
and Historic Preservation (DAHP).
b. The county medical examiner/coroner will assume jurisdiction over
the human skeletal remains and make a determination of whether
those remains are forensic or non-forensic. If the county medical
examiner/coroner determines the remains are non-forensic, then
they will report that finding to the Department of Archaeology and
Historic Preservation (DAHP) who will then take jurisdiction over the
remains. The DAHP will notify any appropriate cemeteries and all
affected tribes of the find. The State Physical Anthropologist will
make a determination of whether the remains are Indian or Non-
Indian and report that finding to any appropriate cemeteries and
the affected tribes. The DAHP will then handle all consultation with
the affected parties as to the future preservation, excavation, and
disposition of the remains.
Records
A. Digital Records. If requested by RCO, the Sponsor must provide a digital file(s)
of the project property and funded project site in a format specified by the RCO.
B. Maintenance and Retention. The Sponsor shall maintain books, records,
documents, data and other records 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 nine years from the date RCO
deems the project complete, as defined in the PROJECT REIMBURSEMENTS
Section. If any litigation, claim or audit is started before the expiration of the nine
(9) year period, the records shall be retained until all litigation, claims, or audit
findings involving the records have been resolved.
C. Access to Records and Data. At no additional cost, the records relating to the
Agreement, including materials generated under the Agreement, shall be subject
RCO: Project Number Date Page 30 of 70
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.
D. Public Records. Sponsor acknowledges that the RCO is subject to RCW 42.56
and that this Agreement and any records Sponsor submits or has submitted to
the State shall be a public record as defined in RCW 42.56. RCO administers
public records requests per WAC 286-06 and 420-04 (which ever applies).
Additionally, the Sponsor agrees to disclose any information in regards to the
expenditure of that funding as if the project sponsor were subject to the
requirements of chapter 42.56 RCW. 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 record 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.
Project Funding
A. Authority. This Agreement and funding is made available to Sponsor through
the RCO.
B. Additional Amounts. The RCO or Funding Entity 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 RCO
director and incorporated by written amendment into this Agreement.
C. 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 the RCO director, such as a
RCO: Project Number Date Page 31 of 70
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.
D. 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 RCO or
Funding Entity may have under this Agreement, the grant amounts identified
in this Agreement shall be reduced to exclude any such expenditure from
participation.
Project Reimbursements
A. Reimbursement Basis. This Agreement is administered on a reimbursement
basis per WAC 286-13 and/or 420-12, whichever has been designated to apply.
Only the primary Sponsor may request reimbursement for eligible and allowable
costs incurred during the period of performance. The primary Sponsor may
request reimbursement only after (1) this Agreement has been fully executed and
(2) the Sponsor has remitted payment to its vendors. RCO will authorize
disbursement of project funds only on a reimbursable basis at the percentage as
defined in the PROJECT FUNDING Section. Reimbursement shall not be approved
for any expenditure not incurred by the Sponsor, or for a donation used as part
of its matching share. RCO does not reimburse for donations. All reimbursement
requests must include proper documentation of expenditures as required by
RCO.
B. Reimbursement Request Frequency. The primary Sponsor is 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 or as
identified in the milestones. Sponsors must refer to the most recent applicable
RCO manuals and this Agreement regarding reimbursement requirements.
C. 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
RCO: Project Number Date Page 32 of 70
1
this Agreement and other agreements between RCO and the Sponsor.
D. Conditions for Payment of Retainage. RCO reserves the right to withhold
disbursement of the total amount of the grant to the Sponsor until the following
has occurred:
1. RCO has accepted the project as a completed project, which acceptance
shall not be unreasonably withheld.
2. On-site signs are in place (if applicable); Any other required documents
and media are complete and submitted to RCO; Grant related fiscal
transactions are complete, and
3. RCO has accepted a final boundary map of the project area for which the
Agreement terms will apply in the future.
Advance Payments
Advance payments of or in anticipation of goods or services are not allowed unless
approved by the RCO director and are consistent with legal requirements and Manual 8:
Reimbursements.
Recovery of Payments
A. Recovery for Noncompliance. 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, fails to meet its percentage of the project total,
and/or fails to comply with any of the terms and conditions of the Agreement,
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.
B. Return of Overpayments. 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 the Sponsor received such overpayment. Unless the
RCO: Project Number Date Page 33 of 70
overpayment is due to an error of RCO, the payment shall be due and owing on
the date that the Sponsor receives the overpayment from the RCO. If the
payment is due to an error of RCO, it shall be due and owing 30 days after
demand by RCO for refund.
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 and to be reimbursed by Sponsor for any grant funds paid to
Sponsor (even if such funds have been subsequently paid to an agent), without liability
to RCO or, in RCO's 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.
Income (and Fees) and Use of Income
A. 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 and
any applicable manuals, RCWs, and WACs.
B. Use of Income. Subject to any limitations contained in applicable state or federal
law, any needed approvals of RCO, and applicable rules and policies, income or
fees generated at a project work site (including entrance, utility corridor permit,
cattle grazing, timber harvesting, farming, rent, franchise fees, ecosystem services,
carbon offsets sequestration, etc.) during or after the reimbursement period cited
in the Agreement, must be used to offset:
1. The Sponsor's matching resources;
2. The project's total cost;
3. The expense of operation, maintenance, stewardship, monitoring, and/or
repair of the facility or program assisted by the grant funding;
RCO: Project Number Date Page 34 of 70
h
4. The expense of operation, maintenance, stewardship, monitoring, and/or
repair of other similar units in the Sponsor's system;
5. Capital expenses for similar acquisition and/or development and
renovation; and/or
6. Other purposes explicitly approved by RCO or otherwise provided for in
this agreement.
C. Fees. User and/or other fees may be charged in connection with land acquired or
facilities developed, maintained, renovated, or restored and shall be consistent
with the:
1. Grant program laws, rules, and applicable manuals;
2. Value of any service(s) furnished;
3. Value of any opportunities furnished; and
4. Prevailing range of public fees in the state for the activity involved.
Procurement Requirements
A. Procurement Requirements. If the Sponsor has, or is required to have, a
procurement process that follows applicable state and/or federal law or
procurement rules and principles, it must be followed, documented, and retained.
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 bids/proposals;
3. Specify in the notice the general procedure and criteria for selection; and
4. Sponsor must contract or hire from within its bid pool. If bids are
unacceptable the process needs to be repeated until a suitable bid is
selected.
5. Comply with the same legal standards regarding unlawful discrimination
RCO: Project Number Date Page 35 of 70
based upon race, gender, ethnicity, sex, or sex-orientation that are
applicable to state agencies in selecting a bidder or proposer.
Alternatively, Sponsor may choose a bid from a bidding cooperative if authorized to do
so.
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 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.
Treatment of Equipment and Assets
Equipment shall be used and managed only for the purpose of this Agreement, unless
otherwise provided herein or in the applicable manuals, or approved by RCO in writing.
A. Discontinued Use. Equipment obtained under this Agreement shall remain in the
possession of the Sponsor for the duration of the project, or RULES of applicable
grant assisted program. When the Sponsor discontinues use of the equipment for
the purpose for which it was funded, RCO may require the Sponsor to deliver the
equipment to RCO, or to dispose of the equipment according to RCO published
policies.
B. Loss or Damage. The Sponsor shall be responsible for any loss or damage to
equipment.
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,
long-term obligations, compliance, and/or quality assurance under this Agreement. If a
landowner agreement or other form of control and tenure limits access to the project
area, it must include (or be amended to include) the RCO's right to inspect and access
lands acquired or developed with this funding assistance.
RCO: Project Number Date Page 36 of 70
Stewardship and Monitoring
Sponsor agrees to perform monitoring and stewardship functions as stated in the
applicable WACs and manuals, this Agreement, or as otherwise directed by RCO
consistent with the existing laws and applicable manuals. Sponsor further agrees to
utilize, where applicable and financially feasible, any monitoring protocols
recommended by the RCO; provided that RCO does not represent that any monitoring it
may recommend will be adequate to reasonably assure project performance or safety. It
is the sole responsibility of the Sponsor to perform such additional monitoring as may
be adequate for such purposes.
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.
1. During the period of performance through the period of long-term
obligation, the Sponsor shall post openly visible signs or other appropriate
media at entrances and other locations on the project area that
acknowledge the applicable grant program's funding contribution, unless
waived by the director; and
2. During the period of long-term obligation, the Sponsor shall post openly
visible signs or other appropriate media at entrances and other locations
to notify the public of the availability of the site for reasonable public
access.
C. Ceremonies. The Sponsor shall notify RCO no later than two weeks before a
dedication ceremony for this project. The Sponsor shall verbally acknowledge the
applicable grant program's funding contribution at all dedication ceremonies and
in all advertisements and mailings thereof, and any and all of its related digital
media publications.
RCO: Project Number Date Page 37 of 70
Provisions Applying to Development, Maintenance, Renovation, and
Restoration Projects
The following provisions shall be in force:
A. Operations and Maintenance. Properties, structures, and facilities developed,
maintained, or operated with the assistance of money granted per this
Agreement and within the project area shall be built, operated, and maintained
according to applicable regulations, laws, building codes, and health and public
safety standards to assure a reasonably safe condition and to prevent premature
deterioration. It is the Sponsor's sole responsibility to ensure the same are
operated and maintained in a safe and operable condition. The RCO does not
conduct safety inspections or employ or train staff for that purpose.
B. Document Review and Approval. Prior to commencing construction or
finalizing the design, the Sponsor agrees to submit one copy of all construction
and restoration plans and specifications to RCO for review solely for compliance
with the scope of work to be identified in the Agreement. RCO does not review
for, and disclaims any responsibility to review for safety, suitability, engineering,
compliance with code, or any matters other than the scope so identified.
Although RCO staff may provide tentative guidance to a Sponsor on matters
related to site accessibility by persons with a disability, it is the Sponsor's
responsibility to confirm that all legal requirements for accessibility are met even
if the RCO guidance would not meet such requirements.
1. Change orders that impact the amount of funding or changes to the scope
of the project as described to and approved by the RCO must receive prior
written approval of the RCO.
C. Control and Tenure. The Sponsor must provide documentation that shows
appropriate tenure and term (such as long-term lease, perpetual or long-term
easement, or perpetual or long-term fee simple ownership, or landowner
agreement or interagency agreement for the land proposed for construction,
renovation, or restoration. The documentation must meet current RCO
requirements identified in this Agreement as of the effective date of this
RCO: Project Number Date Page 38 of 70
Agreement unless otherwise provided in any applicable manual, RCW, WAC, or as
approved by the RCO.
D. Use of Best Management Practices. Sponsors are encouraged to use best
management practices including those developed as part of the Washington
State Aquatic Habitat Guidelines (AHG) Program. AHG documents include
"Integrated Streambank Protection Guidelines", 2002; "Land Use Planning for
Salmon, Steelhead and Trout: A land use planner's guide to salmonid habitat
protection and recovery", 2009", "Protecting Nearshore Habitat and Functions in
Puget Sound", 2010; "Stream Habitat Restoration Guidelines", 2012; "Water
Crossing Design Guidelines", 2013; and "Marine Shoreline Design Guidelines",
2014. These documents, along with new and updated guidance documents, and
other information are available on the AHG Web site. Sponsors are also
encouraged to use best management practices developed by the Washington
Invasive Species Council (WISC) described in "Reducing Accidental Introductions
of Invasive Species" which is available on the WISC Web site.
E. At no time shall the Sponsor design, construct, or operate this grant funded
project in a way that unreasonably puts the public, itself, or others at risk of injury
or property damage. The Sponsor agrees and acknowledges that the Sponsor is
solely responsible for safety and risk associated with the project, that RCO does
not have expertise, capacity, or a mission to review, monitor, or inspect for safety
and risk, that no expectation exists that RCO will do so, and that RCO is in no way
responsible for any risks associated with the project.
Long-Term Obligations of the Projects and Sponsors
A. Long-Term Obligations. This section applies to completed projects only.
B. Perpetuity. For acquisition and development projects, or a combination thereof,
unless otherwise allowed by applicable manual, policy, program rules, or this
Agreement, or approved in writing by RCO. The RCO requires that the project
area continue to function for the purposes for which these grant funds were
approved, in perpetuity.
RCO: Project Number Date Page 39 of 70
C. Conversion. The Sponsor shall not at any time convert any real property
(including any interest therein) or facility acquired, developed, and/or renovated
pursuant to this Agreement, unless provided for in applicable statutes, rules, and
policies. Conversion includes, but is not limited to, putting such property (or a
portion of it) to uses other than those purposes for which funds were approved
or transferring such property to another entity without prior approval via a
written amendment to the Agreement. All real property or facilities acquired,
developed, and/or renovated with funding assistance shall remain in the same
ownership and in public use/access status in perpetuity unless otherwise
expressly provided in the Agreement or applicable policies or unless a transfer or
change in use is approved by the RCO through an amendment. Failure to comply
with these obligations is a conversion. Further, if the project is subject to
operation and or maintenance obligations, the failure to comply with such
obligations, without cure after a reasonable period as determined by the RCO, is
a conversion. Determination of whether a conversion has occurred shall be based
upon all terms of the Agreement, and all applicable state of federal laws or
regulation.
1. When a conversion has been determined to have occurred, the Sponsor
shall remedy the conversion as set forth in this Agreement (with
incorporated documents) and as required by all applicable policies,
manuals, WACs and laws that exist at the time the remedy is implemented
or the right to the remedy is established by a court or other decision-
making body, and the RCO may pursue all remedies as allowed by the
Agreement or law.
Construction, Operation, Use, and Maintenance of Assisted Projects
The following provisions shall be in force for this agreement:
A. Property and facility operation and maintenance. Sponsor must ensure that
properties or facilities assisted with the grant funds, including undeveloped sites,
are built, operated, used, and maintained:
1. According to applicable federal, state, and local laws and regulations,
including public health standards and building codes;
RCO: Project Number Date Page 40 of 70
2. In a reasonably safe condition for the project's intended use;
3. Throughout its estimated useful service life so as to prevent undue
deterioration;
4. In compliance with all federal and state nondiscrimination laws,
regulations and policies.
B. Open to the public. Unless otherwise specifically provided for in the Agreement,
and in compliance with applicable statutes, rules, and applicable WACs and
manuals, facilities must be open and accessible to the general public, and must:
1. Be constructed, maintained, and operated to meet or exceed the minimum
requirements of the most current guidelines or rules, 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 amended and
updated.
2. Appear attractive and inviting to the public except for brief installation,
construction, or maintenance periods.
3. Be available for appropriate use by the general public at reasonable hours
and times of the year, according to the type of area or facility, unless
otherwise stated in RCO manuals or, by a decision of the RCO director in
writing. Sponsor shall notify the public of the availability for use by posting
and updating that information on its website and by maintaining at
entrances and/or other locations openly visible signs with such
information.
Provisions for Salmon Recovery Funding Board Projects
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 C.F.R. § 223.203 (b)(8) (2000), 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
RCO: Project Number Date Page 41 of 70
,
for terminating this Agreement. This section shall not be the basis for any enforcement
responsibility by RCO.
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 a direct and irreconcilable conflict between the
terms of this Agreement and any applicable statute, rule, or policy or procedure, the
conflict shall be resolved by giving precedence in the following order:
A. Federal law and binding state executive orders;
B. Code of federal regulations;
C. Terms and conditions of a grant award to the state from the federal government;
D. Federal grant program policies and procedures adopted by a federal agency that
are required to be applied by federal law;
E. State Constitution, RCW, and WAC;
F. Agreement Terms and Conditions and Applicable Manuals;
G. Applicable deed restrictions, and/or governing documents.
Limitation of Authority
Only RCO's Director or RCO's delegate authorized in writing (delegation to be made
prior to action) shall have the authority to alter, amend, modify, or waive any clause or
condition of this Agreement; provided that any such alteration, amendment,
modification, or waiver of any clause or condition of this Agreement is not effective or
binding unless made as a written amendment to this Agreement and signed by the RCO
Director or delegate.
RCO: Project Number Date Page 42 of 70
r
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 as an amendment to the original Agreement.
Application Representations-Misrepresentations or Inaccuracy or
Breach
The Funding Entity (if different from RCO) 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.
Specific Performance
RCO may, at its discretion, enforce this Agreement by the remedy of specific
performance, which means Sponsors' completion of the project and/or its completion of
long-term obligations 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 RCO shall be deemed exclusive. The 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, including but not limited to seeking full or
partial repayment of the grant amount paid and damages.
Termination and Suspension
The RCO requires 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 RCO
policies, and with the representations of the Sponsor in its application for a grant as
finally approved by RCO. For federal awards, notification of termination will comply with
2 C.F.R. § 200 (as updated).
RCO: Project Number Date Page 43 of 70
A. For Cause.
1. The RCO director may suspend or terminate the obligation to provide
funding to the Sponsor under this Agreement:
a. If the Sponsor breaches any of the Sponsor's obligations under this
Agreement;
b. If the Sponsor fails to make progress satisfactory to the RCO
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; or
c. If the primary and secondary Sponsor(s) cannot mutually agree on
the process and actions needed to implement the project;
2. Prior to termination, the RCO shall notify the Sponsor in writing of the
opportunity to cure. If corrective action is not taken within 30 days or such
other time period that the director approves in writing, the Agreement
may be terminated. In the event of termination, the Sponsor shall be liable
for damages or other relief as authorized by law and/or this Agreement.
3. RCO reserves the right to suspend all or part of the Agreement, withhold
further payments, or prohibit the Sponsor from incurring additional
obligations of funds during the investigation of any alleged breach and
pending corrective action by the Sponsor, or a decision by the RCO to
terminate the Contract.
B. 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 when it is in the best interest of the
state. If this Agreement is so terminated, RCO shall be liable only for payment
required under the terms of this Agreement prior to the effective date of
termination. A claimed termination for cause shall be deemed to be a
"Termination for Convenience" if it is determined that:
1. The Sponsor was not in default; or
RCO: Project Number Date Page 44 of 70
1
2. Failure to perform was outside Sponsor's control, fault or negligence.
C. Rights and Remedies of the RCO.
1. The rights and remedies of RCO provided in this Agreement are not
exclusive and are in addition to any other rights and remedies provided by
law.
2. In the event this Agreement is terminated by the director, after any portion
of the grant amount has been paid to the Sponsor under this Agreement
due to Sponsor's breach of the Agreement or other violation of law, the
director may require that any amount paid be repaid to RCO for redeposit
into the account from which the funds were derived. However, any
repayment shall be limited to the extent repayment would be inequitable
and represent a manifest injustice in circumstances where the project will
fulfill its fundamental purpose for substantially the entire period of
performance and of long-term obligation.
D. 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.
1. Suspension: The obligation of the RCO to manage contract terms and
make payments is contingent upon the state appropriating state and
federal funding each biennium. In the event the state is unable to
appropriate such funds by the first day of each new biennium RCO
reserves the right to suspend the Agreement, with ten (10) days written
notice, until such time funds are appropriated. Suspension will mean all
RCO: Project Number Date Page 45 of 70
w
work related to the contract must cease until such time funds are
obligated to RCO and the RCO provides notice to continue work.
2. No Waiver. The failure or neglect of RCO to require strict compliance with
any term of this Agreement or to pursue a remedy provided by this
Agreement or by law shall not act as or be construed as a waiver of any
right to fully enforce all rights and obligations set forth in this Agreement
and in applicable state or federal law and regulations.
Dispute Hearing
Except as may otherwise be provided in this Agreement , when a dispute arises between
the Sponsor and the RCO, 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 persons chosen by the Sponsor and director shall be
dismissed and an alternate person chosen by the Sponsor, and one by the director shall
be appointed and they shall agree on a third person. This process shall be repeated until
a three person panel is established.
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.
RCO: Project Number Date Page 46 of 70
The parties shall be bound by the majority decision of the dispute panelists, unless the
remedy directed by that panel is beyond 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.
Attorneys' Fees
In the event of litigation or other action brought to enforce contract terms, each party
agrees to bear its own costs and attorneys' fees.
Governing Law/Venue
This Agreement shall be construed and interpreted in accordance with the laws of the
State of Washington. In the event of a lawsuit involving this Agreement, venue shall be
in Thurston County Superior Court if legally proper; otherwise venue shall be in the
Superior Court of a county where the project is situated, if venue there is legally proper,
and if not, in a county where venue is legally proper. The Sponsor, by execution of this
Agreement acknowledges the jurisdiction of the courts of the State of Washington and
agrees to venue as set forth above.
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.
RCO: Project Number Date Page 47 of 70
End of Standard Terms and Conditions
This is the end of the Standard Terms and Conditions of the Agreement.
Special Provisions
Provisions for Acquisition Projects
The following provisions shall be in force only if the project described in this Agreement
is an acquisition project (including projects with any acquisition component):
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.
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.
Legal Description of Real Property Rights Acquired. The legal description of the real
property rights purchased with funding assistance provided through this Agreement
(and protected by a recorded conveyance of rights to the State of Washington) shall be
delivered to RCO before final payment.
Conveyance of Rights to 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 as described below. 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 funding board project type, the real
property rights being acquired and whether or not those rights are being acquired in
perpetuity.
RCO: Project Number Date Page 48 of 70
v
Deed of Right. The Deed of Right conveys to the people of the state of Washington the
right to preserve, protect, access, and/or use the property for public purposes consistent
with the funding source and project agreement. See WAC 286 or 420. 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.
Assignment of Rights. The Assignment of Rights document transfers certain rights to
RCO and the state such as public access, access for compliance, and enforcement.
Sponsors shall use this document when an easement or lease is being acquired under
this Agreement. The Assignment of Rights requires the signature of the underlying
landowner and must be incorporated by reference in the easement document.
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.
Real Property Acquisition and Relocation Assistance.
• Federal Acquisition Policies. 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, and applicable regulations and
procedures of the federal agency implementing that Act.
• State Acquisition Policies. 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.
• 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.
RCO: Project Number Date Page 49 of 70
•
• Buildings and Structures. In general, grant funds are to be used for outdoor
recreation, conservation, or salmon recovery. Sponsors agree to remove or
demolish ineligible structures. Sponsor must consult with RCO regarding
treatment of such structures and compliance with Section 8.D Archeological and
Cultural Resources.
Hazardous Substances.
• 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 RCW 70.105D.020(13), and certify:
No hazardous substances were found on the site, or
Any hazardous substances found have been treated and/or disposed of in
compliance with applicable state and federal laws, and the site deemed
"clean."
• Responsibility. Nothing in this provision alters the Sponsor's duties and liabilities
regarding hazardous substances as set forth in RCW 70.105D.
• Hold Harmless. The Sponsor will defend, protect and hold harmless the State
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, except to the extent, if any, that the State,
its officers and agents caused or contributed to the release. The funding board
and RCO are included within the term State, as are all other agencies,
departments, boards, councils, committees, divisions, bureaus, offices, societies,
or other entities of state government.
• Requirements for Federal Subawards. The non-federal entity (Sponsor) must
submit reports at least annually on the status of real property in which the federal
government retains an interest, unless the federal interest in the real property
extends 15 years or longer. In those instances where the federal interest attached
is for a period of 15 years or more, the federal awarding agency or the pass-
RCO: Project Number Date Page 50 of 70
a
through entity (RCO), at its option, may require the Sponsor to report at various
multi-year frequencies (e.g., every two years or every three years, not to exceed a
five-year reporting period; or a federal awarding agency or RCO may require
annual reporting for the first three years of a federal award and thereafter require
reporting every five years) (2 C.F.R § 200.329 (2013)).
Long-Term Obligations of the Projects and Sponsors
Long-Term Obligations of RCFB Projects. Sponsor shall comply with WAC 286-13-
160, 170, and 180.
Long-Term Obligations of SRFB Projects. Sponsor shall comply with WAC 420.
Perpetuity. For acquisition, development, and restoration projects, or a combination
thereof, unless otherwise allowed by policy, program rules, or this Agreement, or
approved in writing by RCO or the funding board, RCO requires that the project area
continue to function as intended after the period of performance in perpetuity.
Conversion. The Sponsor shall not at any time convert any real property (including any
interest therein) or facility acquired, developed, renovated, and/or restored pursuant to
this Agreement, unless provided for in applicable statutes, rules, and policies.
Conversion includes, but is not limited to, putting such property to uses other than
those purposes for which funds were approved or transferring such property to another
entity without prior approval via a written amendment to the Agreement. Also see WAC
Title 286 or 420 and applicable policies. All real property or facilities acquired,
developed, renovated, and/or restored with funding assistance shall remain in the same
ownership and in public use/access status in perpetuity unless otherwise expressly
provided in the Agreement or applicable policy or unless a transfer or change in use is
approved by the funding board through an amendment. Failure to comply with these
obligations is a conversion. Further, if the project is subject to operation and or
maintenance obligations, the failure to comply with such obligations, without cure after
a reasonable period as determined by the RCO, is a conversion. Determination of
whether a conversion has occurred shall be based upon this Agreement, applicable law
and RCFB/SRFB policies.
For acquisition projects that are expressly term limited in the Agreement, such as one
involving a lease or a term-limited restoration, renovation or development project or
RCO: Project Number Date Page 51 of 70
easement, the restriction on conversion shall apply only for the length of the term,
unless otherwise provided in this Agreement, by funding board policy, other RCO
approved written documents, or required by applicable state or federal law.
When a conversion has been determined to have occurred, the Sponsor is required to
remedy the conversion per established funding board policies, and the board or RCO
may pursue such remedies as are allowed by law and board policies, and/or this
Agreement.
Provisions for Development, Maintenance, Renovation, and
Restoration Projects
The following provisions shall be in force only if the project described in this Agreement
is for construction of land or facilities in a development, maintenance, renovation or
restoration project:
Operations and Maintenance. Properties, structures, and facilities developed,
maintained, or operated with the assistance of money granted by the board and within
the project area shall be built, operated, and maintained according to applicable
regulations, laws, building codes, and health and public safety standards to assure a
reasonably safe condition and to prevent premature deterioration (WAC 286.13.130). It
is the Sponsor's sole responsibility to ensure the same are operated and maintained in a
safe and operable condition. The RCO does not conduct safety inspections or employ or
train staff for that purpose.
Document Review and Approval. Prior to commencing construction or finalizing the
design, the Sponsor agrees to submit one copy of all construction and restoration plans
and specifications to RCO for review solely for compliance with the scope of work to be
identified in the Agreement. RCO does not review for, and disclaims any responsibility to
review for safety, suitability, engineering, compliance with code, or any matters other
than the scope so identified. Although RCO staff may provide tentative guidance to a
Sponsor on matters related to site accessibility by persons with a disability, it is the
Sponsor's responsibility to confirm that all legal requirements for accessibility are met
even if the RCO guidance would not meet such requirements.
RCO: Project Number Date Page 52 of 70
0
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 of the board or RCO.
Control and Tenure. The Sponsor must provide documentation that shows appropriate
tenure (such as landowner agreement, long-term lease, easement, or fee simple
ownership) for the land proposed for construction. The documentation must meet
current RCO requirements identified in the appropriate grant program policy manual as
of the effective date of this Agreement and determines the long-term compliance
period unless otherwise approved by the board.
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." "
Use of Best Management Practices. Sponsors are encouraged to use best
management practices including those developed as part of the Washington State
Aquatic Habitat Guidelines (AHG) Program. AHG documents include "Integrated
Streambank Protection Guidelines", 2002; "Land Use Planning for Salmon, Steelhead and
Trout: A land use planner's guide to salmonid habitat protection and recovery", 2009",
"Protecting Nearshore Habitat and Functions in Puget Sound", 2010; "Stream Habitat
Restoration Guidelines", 2012; "Water Crossing Design Guidelines", 2013; and "Marine
Shoreline Design Guidelines", 2014. These documents, along with new and updated
guidance documents, and other information are available on the AHG website. Sponsors
are also encouraged to use best management practices developed by the Washington
Invasive Species Council (WISC) described in "Reducing Accidental Introductions of
Invasive Species" which is available on the WISC website.
Provisions for Boating Project Grants
If requested by RCO, or required per state or federal law or rule with respect to any
project or project element that supports recreational boating, Sponsor shall manage the
project or project element per federal rules to include 2 C.F.R. Part 200, and place a
RCO: Project Number Date Page 53 of 70
United States Coast Guard (or other federal agency) logo and funding program
information at the project site.
Provisions for Boating Infrastructure Grants
Use of Sport Fish Restoration Logo. Per 50 CFR 86 Sec 75 and 76, the user of the logo
must indemnify and defend the United States and hold it harmless from any claims,
suits, losses, and damages from; any allegedly unauthorized use of any patent, process,
idea, method, or device by the user in connection with its use of the logo, or any other
alleged action of the user; and any claims, suits, losses, and damages arising from
alleged defects in the articles or services associated with the logo. No one may use any
part of the logo in any other manner unless the United States Fish and Wildlife Service's
Assistant Director for Wildlife and Sport Fish Restoration or Regional Director approves
in writing.
Provisions Related to Corporate (Including Nonprofit) Sponsors
A corporate Sponsor, including any nonprofit Sponsor, shall:
• 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.
• Notify RCO before corporate dissolution at any time during the period of
performance or long-term obligations. Within 30 days of dissolution the Sponsor
shall name a qualified successor that will agree in writing to assume any on-
going project responsibilities, and transfer all property and assets to the
successor. 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.
• Maintain sites or facilities open to the public and may not limit access to
members.
RCO: Project Number Date Page 54 of 70
E
r
Provisions for Federal Subawards Only
The following provisions shall be in force only if the project described in this Agreement
is funded with a federal subaward as identified in Section H: FEDERAL FUND
Information:
Sub-Recipient (Sponsor) must comply with the cost principles of 2 C.F.R. Part 200
Subpart E (2013). Unless otherwise indicated, the cost principles apply to the use of
funds provided under this Agreement to include match and any in-kind matching
donations. The applicability of the cost principles depends on the type of organization
incurring the costs.
Binding Official. Per 2 CFR 200.415, Sponsor certifies through its actions or those of
authorized staff, at the time of a request for reimbursement, the following: "To the best
of my knowledge and belief that the report is true, complete, and accurate, and the
expenditures, disbursements and cash receipts are for the purposes and objectives set
forth in the terms and conditions of the Federal award. I am aware that any false,
fictitious, or fraudulent information, or the omission of any material fact, may subject me
to criminal, civil or administrative penalties for fraud, false statements, false claims or
otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-
3812)."
Equal Employment Opportunity. Except as otherwise provided under 41 C.F.R. Part 60,
all contracts that meet the definition of"federally assisted construction contract" in 41
C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60-
1.4(b), in accordance with Executive Order 11246, Equal Employment Opportunity (30
Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by
Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment
Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor).
See 2 C.F.R. Part 200, Appendix II, paragraph C.
Federally Assisted Construction Contract. The regulation at 41 C.F.R. § 60-1.3 defines
a "federally assisted construction contract" as any agreement or modification thereof
between any applicant and a person for construction work which is paid for in whole or
in part with funds obtained from the Government or borrowed on the credit of the
RCO: Project Number Date Page 55 of 70
1'
.
Government pursuant to any Federal program involving a grant, contract, loan,
insurance, or guarantee, or undertaken pursuant to any Federal program involving such
grant, contract, loan, insurance, or guarantee, or any application or modification thereof
approved by the Government for a grant, contract, loan, insurance, or guarantee under
which the applicant itself participates in the construction work.
Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines "construction work" as
the construction, rehabilitation, alteration, conversion, extension, demolition or repair of
buildings, highways, or other changes or improvements to real property, including
facilities providing utility services. The term also includes the supervision, inspection, and
other onsite functions incidental to the actual construction.
Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by federal
program legislation, all prime construction contracts in excess of $2,000 awarded by
non-federal entities (Sponsors) must include a provision for compliance with the Davis-
Bacon Act (40 U.S.C. 3141-3148) as supplemented by Department of Labor regulations
(29 C.F.R. § 5, "Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction").
In accordance with the statute, contractors must be required to pay wages to laborers
and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required
to pay wages not less than once a week. The non-federal entity (Sponsor) must place a
copy of the current prevailing wage determination issued by the Department of Labor in
each solicitation. The decision to award a contract or subcontract must be conditioned
upon the acceptance of the wage determination. The non-Federal entity (Sponsor) must
report all suspected or reported violations to the federal awarding agency identified in
Section H: Federal Fund Information.
The contracts must also include a provision for compliance with the Copeland "Anti-
Kickback" Act (40 U. S. C. 3145), as supplemented by Department of Labor regulations
(29 C.F.R Part 3, "Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States"). The Act
provides that each contractor or subrecipient (Sponsor) must be prohibited from
inducing, by any means, any person employed in the construction, completion, or repair
of public work, to give up any part of the compensation to which he or she is otherwise
RCO: Project Number Date Page 56 of 70
r
entitled. The non-Federal entity (Sponsor) must report all suspected or reported
violations to the Federal awarding agency identified in Section H: Federal Fund
Information.
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where
applicable, all contracts awarded by the non-federal entity (Sponsor) in excess of
$100,000 that involve the employment of mechanics or laborers must include a
provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department
of Labor regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702 of the Act, each contractor
must be required to compute the wages of every mechanic and laborer on the basis of a
standard work week of 40 hours. Work in excess of the standard work week is
permissible provided that the worker is compensated at a rate of not less than one and
a half times the basic rate of pay for all hours worked in excess of 40 hours in the work
week.
The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that
no laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements do not
apply to the purchases of supplies or materials or articles ordinarily available on the
open market, or contracts for transportation or transmission of intelligence.
Rights to Inventions Made Under a Contract or Agreement. If the Federal award
meets the definition of "funding agreement" under 37 C.F.R § 401.2(a) and the recipient
or subrecipient (Sponsor) wishes to enter into a contract with a small business firm or
nonprofit organization regarding the substitution of parties, assignment or performance
of experimental, developmental, or research work under that "funding agreement," the
recipient or subrecipient (Sponsor) must comply with the requirements of 37 C.F.R Part
401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms
Under Government Grants, Contracts and Cooperative Agreements," and any
implementing regulations issued by the awarding agency.
Clean Air Act (42 U.S.C. 7401-7671 q.) and the Federal Water Pollution Control Act
(33 U.S.C. 1251-1387), as Amended. Contracts and subgrants of amounts in excess of
$150,000 must contain a provision that requires the non-Federal award to agree to
comply with all applicable standards, orders or regulations issued pursuant to the Clean
Air Act (42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act as amended
RCO: Project Number Date Page 57 of 70
(33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency
identified in Section H: Federal Fund Information and the Regional Office of the
Environmental Protection Agency (EPA).
Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). By signing this Agreement, the
Sponsor certifies (per the certification requirements of 31 U.S.C.) that none of the funds
that the Sponsor has (directly or indirectly) received or will receive for this project from
the United States or any agency thereof, have been used or shall be used to engage in
the lobbying of the Federal Government or in litigation against the United States. Such
lobbying includes any influence or attempt to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this project. Contractors that apply or bid for an
award exceeding $100,000 must file the required certification. Each tier certifies to the
tier above that it will not and has not used federal appropriated funds to pay any person
or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any federal contract, grant or any
other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with
non-federal funds that takes place in connection with obtaining any federal award. Such
disclosures are forwarded from tier to tier up to the non-federal award.
Procurement of Recovered Materials. A non-federal entity (Sponsor) that is a state
agency or agency of a political subdivision of a state and its contractors must comply
with section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act. The requirements of Section 6002 include procuring
only items designated in guidelines of the Environmental Protection Agency (EPA) at 40
C.F.R part 247 that contain the highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of competition, where the purchase price
of the item exceeds $10,000 or the value of the quantity acquired during the preceding
fiscal year exceeded $10,000; procuring solid waste management services in a manner
that maximizes energy and resource recovery; and establishing an affirmative
procurement program for procurement of recovered materials identified in the EPA
guidelines.
RCO: Project Number Date Page 58 of 70
r
Required Insurance. The non-federal entity (Sponsor) must, at a minimum, provide the
equivalent insurance coverage for real property and equipment acquired or improved
with federal funds as provided to property owned by the non-federal entity. Federally-
owned property need not be insured unless required by the terms and conditions of the
Federal award (2 C.F.R § 200.310 (2013)).
Debarment and Suspension (Executive Orders 12549 and 12689). The Sponsor must
not award a contract to parties listed on the government-wide exclusions in the System
for Award Management (SAM), in accordance with the Office of Management and
Budget (OMB) guidelines at 2 C.F.R § 180 that implement Executive Orders 12549 (3
C.F.R part 1986 Comp., p. 189) and 12689 (3 C.F.R part 1989 Comp., p. 235), "Debarment
and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or
otherwise excluded by agencies, as well as parties declared ineligible under statutory or
regulatory authority other than Executive Order 12549.
Conflict of Interest. Sponsor agrees to abide by the conflict of interest policy and
requirements of the federal funding agency established pursuant to 2 C.F.R 200.
Provisions for Farm and Forest Account Projects (Farmland and
Forestland Preservation Projects Only)
The following sections will not apply to Farmland and Forestland Preservation Projects if
covered separately in a recorded RCO approved Agricultural Conservation Easement, or
Forest Conservation Easement (or other method):
• Section 15-Income and Income Use;
• Section 19-Stewardship and Monitoring;
• Section 21-Acknowledgement and Signs;
• Section 24-Provisions Applying To Acquisition Projects, Sub-sections D, F, and G;
• Section 25C-Perpetuity; and
• Section 26-Construction, Operation, Use and Maintenance of Assisted Projects.
RCO: Project Number Date Page 59 of 70
Provisions for Firearms And Archery Range Recreation Projects Only
The following provisions shall be in force only if the project described in this Agreement
is funded from the Firearms and Archery Range Recreation Account.
Liability Insurance. The Sponsor of a firearms or archery range recreation project shall
procure an endorsement, or other addition, to liability insurance it carries, 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 people 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.
Insurance Endorsement. 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.
Length of Insurance. 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 in
Section F. LONG-TERM OBLIGATIONS.
Notice of Cancellation. 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.
Government Agencies. 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 firearms or archery
ranges, when the applicant declares and describes that program or policy as a part of its
application to the funding board.
RCO: Project Number Date Page 60 of 70
Sole Duty of the Sponsor. 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.
Provisions for Land and Water Conservation Fund Projects Only
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 "LWCF Grant Agreement General Provisions" are made part of this
Agreement and incorporated herein. 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.
Provisions for Salmon Recovery Funding Board Projects Only
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 C.F.R. § 223.203 (b)(8) (2000), 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 Agreement. This section shall not be the basis for any enforcement
responsibility by RCO.
Provisions for Puget Sound Acquisition and Restoration Projects Only
The following provisions shall be in force only if the project described in this Agreement
is funded in part or wholly from the Puget Sound Acquisition and Restoration program.
The Sponsor agrees to the following terms and conditions:
Cost Principles/Indirect Costs For State Agencies. GRANT RECIPIENT agrees to
comply with the cost principles of 2 CFR 200 Subpart E as appropriate to the award. In
RCO: Project Number Date Page 61 of 70
v
1
addition to the US Environmental Protection Agency's General Terms and Conditions
"Indirect Cost Rate Agreements," if the recipient does not have a previously established
indirect cost rate, it agrees to prepare and submit its indirect cost rate proposal in
accordance with 2 CFR 200 Appendix VII.
Credit and Acknowledgement. In addition to Section 21: Acknowledgement and Signs,
materials produced must display both the Environmental Protection Agency (EPA) and
Puget Sound Partnership (PSP) logos and the following credit line: "This project has
been funded wholly or in part by the United States Environmental Protection Agency.
The contents of this document do not necessarily reflect the views and policies of the
Environmental Protection Agency, nor does mention of trade names or commercial
products constitute endorsement or recommendation for use." This requirement is for
the life of the product, whether during or after the Agreement period of performance.
Hotel Motel Fire Safety Act. Sponsor agrees to ensure that all conference, meeting,
convention, or training space funded in whole or part with federal funds, complies with
the federal Hotel and Motel Fire Safety Act (PL 101-391, as amended). Sponsors may
search the Hotel-Motel National Master List at http://www.usfa.dhs.gov/applications/hotel
to see if a property is in compliance or to find other information about the Act.
Drug Free Workplace Certification. Sub-recipient (Sponsor) shall make an ongoing,
good faith effort to maintain a drug-free workplace pursuant to the specific
requirements set forth in 2 C.F.R. Part 1536 Subpart B. Additionally, in accordance with
these regulations, the recipient organization shall identify all known workplaces under
its federal awards, and keep this information on file during the performance of the
award. Sponsors who are individuals must comply with the drug-free provisions set
forth in 2 C.F.R. Part 1536 Subpart C. The consequences for violating this condition are
detailed under 2 C.F.R. Part 1536 Subpart E.
Management Fees. Management fees or similar charges in excess of the direct costs
and approved indirect rates are not allowable. The term "management fees or similar
charges" refers to the expenses added to direct costs in order to accumulate and reserve
funds for ongoing business expenses, unforeseen liabilities or for other similar costs that
are not allowable. Management fees or similar charges may not be used to improve or
expand the project funded under this Agreement, except for the extent authorized as a
direct cost of carrying out the scope of work.
RCO: Project Number Date Page 62 of 70
i
Trafficking in Persons and Trafficking Victim Protection Act of 2000 (TVPA). This
provision applies only to a sub-recipient (Sponsor), and all sub-awardees of sub-
recipient (Sponsor), if any. Sub-recipient (Sponsor) shall include the following statement
in all sub-awards made to any private entity under this Agreement.
"You as the sub-recipient, your employees, sub-awardees under this award, and sub-
awardees' employees may not engage in severe forms of trafficking in persons during
the period of time that the award is in effect; procure a commercial sex act during the
period of time that the award is in effect; or use forced labor in the performance of the
award or sub-awards under this Award."
The sub-recipient (Sponsor), and all sub-awardees of sub-recipient (Sponsor) must
inform RCO immediately of any information you receive from any source alleging a
violation of this prohibition during the award term.
The federal agency funding this Agreement may unilaterally terminate, without penalty,
the funding award if this prohibition is violated, Section 106 of the Trafficking Victims
Protection Act of 2000, as amended.
Lobbying. The chief executive officer of this recipient agency (Sponsor) shall ensure that
no grant funds awarded under this Agreement are used to engage in lobbying of the
Federal Government or in litigation against the United States, unless authorized under
existing law. The recipient (Sponsor) shall abide by its respective Cost Principles (OMB
Circulars A-21, A-87, and A-122), which generally prohibits the use of federal grant
funds for litigation against the United States, or for lobbying or other political activities.
The Sponsor agrees to comply with 40 C.F.R. Part 34, New Restrictions on Lobbying.
Sponsor shall include the language of this provision in award documents for all sub-
awards exceeding $100,000, and require that sub-awardees submit certification and
disclosure forms accordingly.
In accordance with the Byrd Anti-Lobbying Amendment, any Sponsor who makes a
prohibited expenditure under 40 C.F.R. Part 34 or fails to file the required certification or
lobbying forms shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each expenditure.
RCO: Project Number Date Page 63 of 70
i
All contracts awarded by Sponsor shall contain, when applicable, the anti-lobbying
provisions as stipulated in the Appendix at 40 C.F.R. Part 30.
Pursuant to Section 18 of the Lobbying Disclosure Act, Sponsor affirms that it is not a
non-profit organization described in Section 501(c)(4) of the Internal Revenue Code of
1986; or that it is a non-profit organization described in Section 501(c)(4) of the code
but does not and will not engage in lobbying activities as defined in Section 3 of the
Lobbying Disclosure Act.
Reimbursement Limitation. If the Sponsor expends more than the amount of RCO
funding in this Agreement in anticipation of receiving additional funds from the RCO, it
does so at its own risk. RCO is not legally obligated to reimburse the Sponsor for costs
incurred in excess of the RCO approved budget.
Disadvantaged Business Enterprise Requirements. The Sponsor agrees to comply
with the requirements of EPA's Utilization of Small, Minority and Women's Business
Enterprises in procurements made under this award.
Minority and Women's Business Participation. Sponsor agrees to solicit and recruit,
to the maximum extent possible, certified minority owned (MBE) and women owned
(WBE) businesses in purchases and contracts initiated after the effective date of this
Agreement.
These goals are expressed as a percentage of the total dollars available for purchase or
agreement and are as follows:
• Purchased Goods 8% MBE 4% WBE
• Purchased Services 10% MBE 4% WBE
• Professional Services 10% MBE 4% WBE
Meeting these goals is voluntary and no agreement award or rejection shall be made
based on achievement or non-achievement of the goals. Achievement of the goals is
encouraged, however, and Sponsor and ALL prospective bidders or people submitting
qualifications shall take the following affirmative steps in any procurement initiated after
the effective date of this Agreement:
RCO: Project Number Date Page 64 of 70
•
• Include qualified minority and women's businesses on solicitation lists.
• Assure that qualified minority and women's business are solicited whenever they
are potential sources of services or supplies.
• Divide the total requirements, when economically feasible, into smaller tasks or
quantities, to permit maximum participation by qualified minority and women's
businesses.
• Establish delivery schedules, where work requirements permit, which will
encourage participation of qualified minority and women's businesses.
• Use the services and assistance of the State Office of Minority and Women's
Business Enterprises (OMWBE) and the Office of Minority Business Enterprises of
the U.S. Department of Commerce, as appropriate.
MBE/WBE Reporting. In accordance with the deviation from 40 C.F.R. §33.502, signed
November 8, 2013, DBE reporting is limited to annual reports and only required for
assistance agreements where one or more the following conditions are met:
• There are any funds budgeted in the contractual/services, equipment or
construction lines of the award;
• $3,000 or more is included for supplies; or
• There are funds budgeted for subawards or loans in which the expected
budget(s) meet the conditions as described in items (a) and (b).
When completing the form, recipients (Sponsors) should disregard the quarterly and
semi-annual boxes in the reporting period Section 1 B of the form. For annual
submissions, the reports are due by October 30th of each year or 90 days after the end
of the project period, whichever comes first.
The reporting requirement is based on planned procurements. Recipients (Sponsors)
with funds budgeted for non-supply procurement and/or $3,000 or more in supplies are
required to report annually whether the planned procurements take place during the
reporting period or not. If no procurements take place during the reporting period, the
recipient should check the box in Section 5B when completing the form.
RCO: Project Number Date Page 65 of 70
4
MBE/WBE reports should be sent to the DBE Coordinator in the Sponsor's region.
Contact information can be found at http://www.epa.gov/osbp/contactpage.htm. The
coordinators also can answer any questions.
Final MBE/WBE reports must be submitted within 90 days after the project period of the
grant ends. To be in compliance with regulations, the Sponsor must submit a final
MBE/WBE report. Non-compliance may impact future competitive grant proposals. The
current EPA Form 5700-52A can be found at the EPA Office of Small Business Program's
Home Page at http://www.epa.gov/osbp/dbe_reporting.htm.
Procurement involving an EPA Financial Assistance Agreement. Pursuant to 40 C.F.R.
§ 33.301, the Sponsor agrees to make the following six good faith efforts whenever
procuring construction, equipment, services and supplies under an EPA financial
assistance agreement, and to require that sub-recipients (Sponsors), and prime
contractors also comply. Records documenting compliance with the six good faith
efforts shall be retained:
Ensure Disadvantaged Business Enterprise (DBEs) are made aware of contracting
opportunities to the fullest extent practicable through outreach and recruitment
activities. For Indian Tribal, State and Local and Government Sponsors, this will include
placing DBEs on solicitation lists and soliciting them whenever they are potential
sources.
Make information on forthcoming opportunities available to DBEs and arrange time
frames for contracts and establish delivery schedules, where the requirements permit, in
a way that encourages and facilitates participation by DBEs in the competitive process.
This includes, whenever possible, posting solicitations for bids or proposals for a
minimum of 30 calendar days before the bid or proposal closing date.
Consider in the contracting process whether firms competing for large contracts could
subcontract with DBEs. For Indian Tribal, State and local Government Sponsors, this will
include dividing total requirements when economically feasible into smaller tasks or
quantities to permit maximum participation by DBEs in the competitive process.
Encourage contracting with a consortium of DBEs when an agreement is too large for
one of these firms to handle individually.
RCO: Project Number Date Page 66 of 70
r
A ' A •
Use the services and assistance of the Small Business Administration (SBA) and the
Minority Business Development of the Department of Commerce.
If the Sponsor awards subcontracts, require the Sponsor to take the steps in paragraphs
(a) through (e) of this section.
Lobbying & Litigation. By signing this Agreement, the Sponsor certifies that none of
the funds received from this Agreement shall be used to engage in the lobbying of the
Federal Government or in litigation against the United States unless authorized under
existing law.
The chief executive officer of this Sponsor agency shall ensure that no grant funds
awarded under this Agreement are used to engage in lobbying of the Federal
Government or in litigation against the United States unless authorized under existing
law. The Sponsor shall abide by its respective Attachment in 2 C.F.R. Part 200, which
prohibits the use of federal grant funds for litigation against the United States or for
lobbying or other political activities.
For subawards exceeding $100,000, EPA requires the following certification and
disclosure forms:
• Certification Regarding Lobbying, EPA Form 6600-06:
http://www.epa.gov/ogd/AppKit/form/Lobbying_sec.pdf
• Disclosure of Lobbying Activities, SF LLL:
http://www.epa.goviogd/AppKit/formisfIllin_sec.pdf
• Legal expenses required in the administration of Federal programs are allowable.
Legal expenses for prosecution of claims against the Federal Government are
unallowable.
Payment to Consultants. EPA participation in the salary rate (excluding overhead) paid
to individual consultants retained by recipients (Sponsors) or by a recipients' (Sponsor's)
contractors or subcontractors shall be limited to the maximum daily rate for Level IV of
the Executive Schedule (formerly GS-18), to be adjusted annually. This limit applies to
consultation services of designated individuals with specialized skills who are paid at a
daily or hourly rate. This rate does not include transportation and subsistence costs for
RCO: Project Number Date Page 67 of 70
travel performed (the recipient will pay these in accordance with his/her normal travel
reimbursement practices).
Subagreements with firms for services that are awarded using the procurement
requirements in 40 C.F.R. Parts 30 or 31, are not affected by this limitation unless the
terms of the contract provide the recipient (Sponsor) with responsibility for the
selection, direction and control of the individual who will be providing services under
the contract at an hourly or daily rate of compensation. See 40 C.F.R. § 30.27(b) or 40
C.F.R. § 31.369(j), as applicable, for additional information.
As of January 1, 2014, the limit is $602.24 per day $75.28 per hour.
Peer Review. Where appropriate, prior to finalizing any significant technical products
the Principal Investigator (PI) of this project must solicit advice, review, and feedback
from a technical review or advisory group consisting of relevant subject matter
specialists. A record of comments and a brief description of how respective comments
are addressed by the PI will be provided to the Project Monitor prior to releasing any
final reports or products resulting from the funded study.
International Travel (Including Canada). All International Travel must be approved by
the US Environmental Protection Agency's Office of International and Tribal Affairs
(OITA) BEFORE travel occurs. Even a brief trip to a foreign country, for example to attend
a conference, requires OITA approval. Please contact your Partnership Project manager
as soon as possible if travel is planned out of the country, including Canada and/or
Mexico, so that they can submit a request to the EPA Project Officer if they approve of
such travel.
Unliquidated Obligations (ULO). Sub-recipients, and all sub-awardees of Sub-
Recipients, if any, should manage their agreement and subaward funding in ways that
reduce the length of time that federal funds obligated and committed to subaward
projects are unspent (not yet drawn down through disbursements to sub-recipients and
sub-awardees).
RCO: Project Number Date Page 68 of 70
r
Provisions Applicable Only if Federally Recognized Indian Tribe is the
Sponsor
In the cases where this Agreement is between the funding board (which includes the
State of Washington for purposes of this Agreement) and a federally recognized Indian
Tribe, the following terms and conditions apply, but only between those parties:
Notwithstanding the above venue provision, if the State of Washington intends to
initiate legal action 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 an
action 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 action in federal court, otherwise the State may sue the Tribe in
the Thurston County Superior Court, or such other superior court where venue is proper,
if not proper in Thurston County. Interpretation of the Agreement shall be according to
applicable State law, except to the extent preempted by federal 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 State may
bring suit in Thurston County Superior Court or such other superior court where venue
is proper, if not proper in Thurston County.
Any judicial award, determination, order, decree or other relief, whether in law or equity
or otherwise, resulting from such actions under subsection A above, shall be binding
and enforceable on the parties. Any money judgment or award against a Tribe, tribal
officers, or employees, or the State of Washington, its agencies, or its officers and
employees may exceed the amount of funding awarded under this Agreement.
As requested by RCO, the Tribe shall provide to RCO its governing requirements and
procedures for entering into Agreement with RCO and waiving its sovereign immunity.
In addition, the tribe shall provide to RCO all authorizations the Tribe requires to
authorize the person(s) signing the Agreement on the Tribe's behalf to bind the Tribe
and waive the Tribe's sovereign immunity as provided herein.
The Tribe hereby waives its sovereign immunity for suit in federal and state court for the
limited purposes of allowing the State to bring and prosecute to completion such
RCO: Project Number Date Page 69 of 70
J
actions relating to the performance, breach, or enforcement of this Agreement as
provided in subsection A above, and to bring actions to enforce any judgment arising
from such actions. 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 funding board, the RCO, and any
other state agencies as the term "agency" is broadly understood to include, but not be
limited to, departments, commissions, boards, divisions, bureaus, committees, offices,
councils, societies, etc.
RCO: Project Number Date Page 70 of 70