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Consent Agenda
Commissioners Office
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO:
Board of County Commissioners
Philip Morley, County Admini!ltrator
FROM:
Leslie Locke, Deputy Clerk of the Board
DATE:
January 9, 2012
SUBJECT:
AGREEMENT NO. K823 re: Capital Improvement - Re-Roofing Project; In the
Amount of $6,000.00; Jefferson County Fair; Washington State Department of
Agriculture
STATEMENT OF ISSUE:
AGREEMENT NO. K823 re: Capital Improvement - Re-Roofing Project; In the Amount of$6,OOO.OO;
Jefferson County Fair; Washington State Department of Agriculture
Bill McIntire, President of Jefferson County Fair Board submitted this agreement for grant funding and
requests approval.
RECOMMENDATION:
Approve AGREEMENT NO. K823 re: Capital Improvement - Re-Roofing Project; In the Amount of
$6,000.00; Jefferson County Fair; Wlll'hingt.on State Department of Agriculture
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Date
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STATE OF WASHINGTON
DEPARTMENT OF AGRICULTURE, FAIRS PROGRAM
INTERAGENCY AGREEMENT
Number: K823
This Interagency Agreement, entered intO by and between Jefferson County, a county
within the State of Washington, (hereinafter referred to as the Contractor) and the
Washington State Department of Agriculture (hereinafter referred to as the Department),
WITNFSSES THAT:
WHEREAS, the Department has the statutory authority to administer the Fairs
Program under RCW 15.76, the Agricultural Fairs, Youth Shows, Exhibitions Act;
and
WHEREAS, the Department is also given the responsibility to administer special
assistance funds for capital improvements for those fairs qualifying under RCW
15.76.165; and
WHEREAS, the Washington State Legislature established a one-time
appropriation for the 2011~2013 biennium to make grants to counties for capital
improvements and/ or maintenance of an appurtenance thereto at fairs, and"
directed the Department to administer the release of the funds; and
WHEREAS, the enabling statute also stipulates that any county which owns or
leases property from another goverrunental agency and provides such property
for area or county and district agricultural fair purposes may apply to the director
for special assistance in carrying out necessary capital improvements to such
property and maintenance of the appurtenances thereto (RCW 15.76.165).
NOW, THEREFORE, in consideration of covenants, conditions, performances, and
promises hereinafter contained, the parties hereto agree as follows:
1. FUNDING
The funds to be reimbursed to the CONTRACTOR hereunder shall be a sum up to,
but not to exceed six thousand dollars ($6,000).
2. STATEMENT OF WORK
a) Funds awarded under this performance-based Interagency Agreement
shall be used solely for a capital improvement project at the Contractor's
fair located at 4907 Landes Street, Port Townsend, W A 98368.
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b) The Contractor shall perform in accordance with the terms and conditions
of this Interagency Agreement and the following exhibit; which, by this
reference, is made a part of this Interagency Agreement
EXHIBIT A - Application for Special Assistance Graht Funds on
behalf of the Contractor
c) All applicants who receive grant funds must follow applicable
procurement procedures. .
3. SPECIAL CONDmON($)
The facility or facilities acquired, constructed, or rehabilitated using funds
awarded under this Interagency Agreement shall be utilized for the capital
improvement project outlined in Exhibit A
4. CONTRACT PERIOD
a) The effective date of this Interagency Agreement shall be the date of the
last signature of the contracting parties. .
b) Unless terminated earlier pursuant to provisions of this contract, the
~ termination date shall be July 31, 2013.
5. REIMBURSEMENT AND DOCUMENTATION OF MATCHING FUNDS OR IN-
KIND
Upon completion of the capital improvement project, the Contractor shall provide
documentation up to and including receipts to the Department which detail up to
the amount to be reimbursed for the pl'oject outlined in Exhibit A in the amount
stated in this Interagency Agreement, including documentation of the non-state
matching requirements, il' non-state matching was a part of the budget for the
improvement outlined in Exhibit A. The Contractor shall provide a letter or
attestation with any invoices submitted which document satisfactory performance
of the agreement. Before and after photos of the project are encouraged. The
Departinent will not reimburse invoices not accompanied by such document. All
documentation for reimbursement for final payment must be received no later
than June 30, 2013 or the Contractor will not be reimbursed for the special
project discussed herein.
Instead of one invoice, the Contractor may submit invoices, documentation of
satisfactory performance and proper receipts for reimbursement of expenses on a
more frequent basis provided it is not more than once a month.
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6. DISALLOWED COSTS
The Contractor is responsible for any audit exceptions or disallowed costs
inCurred by its own organization or that of its Subcontractors.
7. BY ALUATION. REPORTING AND MONITORING
a) The Contractor shall submit written documentation to the Department by
October 15, 2012, confirming that the prpject will be completed by June 30,
2013, if the project has not yet been completed.
b) The Contractor shall submit documentation to the Department when the
project is completed and confirming that the terms and conditions of this
Interagency Agreement have been met.
c) The Contractor shall cooperate with and freely participate in any
monitoring or evaluation activities conducted by the Department that are
pertinent to the intei:1.t of this Interagency Agreement, including an on-site
inspection of the capital improvement project after its completion and prior
to June 30, 2013.
d) The Department or the State Auditor and any of their representatives shall
have full access to and the right to examine during normal business hours
and as often as the Department or the State Auditor may deem necessary,
all the Contractor's records with respect to the matters covered in this
Interagency Agreement Such representatives shall be permitted to audit,
examine, and make excerpts or transcripts from such records and to make
audits of all contracts, invoices, materials, payrolls, and records of matters
covered by this Interagency Agreement. The contractors shall retain
records for a period of six (6) years following completion of the project.
8. NONDISCRlMlNATIONPROVISION
a) During the performance of this Interagency Agreement, the Contractor
shall abide by all applicable federal and state 'nondiscrimination laws and
regulations, including, but not limited to RCW 49.60, Washington's Law
Against Discrimination, and 42 U.s.c. 12101 et seq., the Americans with
Disabilities Act (ADA).
b) In the event of the Contractor's noncompliance or refusal to comply with
any nondiscrimination law, regulation" or policy, this Interagency
Agreement may be rescinded, canceled, or terminated in whole or in part
and the Contractor may be declared ineligible under this Interagency
Agreement. If that be deemed the situation, the Contractor will not receive
reimbursement for the special project outlined in ExhIbit A in the amount
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identified in this Interagency Agreement. The Contractor shall, however, .
be given a reasonable time in which to remedy any such noncompliance.
Any dispute may be resolved in accordance with the "Disputes" procedure
set for forth in Section 21 of this Interagency Agreement.
9. CON1RACT MODIFICATIONS
The Department and the Contractor may, from time to time, desire to make
changes to this Interagency Agreement. Any such changes that are mutually
agreed upon by the Department and the Contractor shall be incorporated herein
by written amendment. It is mutually agreed and understood that no alteration or
variation of the terms of this contract shall be valid unless made in writing and
signed by the parties hereto prior to implementation of the changes, and that any
oral understanding or agreements not incorporatEd herein shall not be binding.
10. TERMINATION OF INTERAGENCY AGREEMENT
a) If, through any cause, the Contractor shall fail to fulfill in a timely and
proper manner its obligations under this Interagency Agreement or if the
Contractor shall violate any of its covenants, agreements or stipulations of
this Interagency Agreement, the Department shall thereupon have the
right to terminate this Interagency Agreement and deny reimbursement of
special assistance funds to the Contractor if such default or violation is not
corrected within twenty (20) days after the Department's submitting
written notice to the Contractor describing such default or violation;
Provided, that if more than twenty (20) days are required to correct any
such default or violation and the Contractor has initiatEd appropriate
corrective measures as reasonable determined by the Department, the
Department will not terminate this Interagency Agreement for such default
or violation.
b) In the event the Contractor is unable to complete the capital project prior to
June 30, 2013, in accordance with the terms and conditions as outlined in
this Interagency Agreement, the Contractor will not receive reimbursement
for the special project outlined in Exhibit A in the amount statEd in this
Interagency Agreement.
11. SPECIAL PROVISION
The Department's failure to insist upon the strict performance of any provision of
this Interagency Agreement or to exercise any right based upon a breach thereof or
the acceptance of any performance during such breach, shall not constitute a
waiver of any right under this Interagency Agreement. .
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12 HOLD HARMLFSS
a) It is understood and agreed that this Interagency Agreement is solely for
the benefit of the parties hereto and gives no right to any other party. No
joint venture or partnership is formed as a result of this Interagency
Agreement. Each party hereto agrees to be responsible and assume
liability for its own negligent acts or omissions, or those of its officers,
agents, or employees to the fullest extent required by law. In the case of
negligence of more than one party, any damages allowed shall be levied in
proportion to the percentage of negligence attributable to each party, and
each party shall have the right to seek contribution from the other party in
proportion to the percentage of negligence attn1mtable to the other party.
b) This indemnification clause shall also apply to any and all causes of action
arising out of the performance of work activities under this Interagency
Agreement. Each contract for services or activities utilizing funds
provided in whole or in part by this Interagency Agreement shall include a
provision that the Department and the State of Washington are not liable
for damages or claims from damages arising from any subcontractor's
performance or activities under the terms of the contracts.
13. RECAPTURE PROVISION
In the event that the Contractor fails to expend state funds in accordance with state
law and/or the provisions of this Interagency Agreement, the Department
reserves the right to recapture state funds in an amount equivalent to the extent of
noncompliance. Such right of recapture shall exist for a period not to exceed three
(3) years following termination of the Interagency Agreement. Repayment by the
Contractor of state funds under this recapture provision shall occur within thirty
(30) days of demand. In the event that the Department is required to institute
proceedings to enforce this recapture provision, the Department shall be entitled
to its costs thereof, including reasonable attorney's fees.
14. OWNERSHIP OF PRomcr ICAPITAL FACILITIES
The Department makes no claim to any real property improved or constructed
with funds awarded under this Interagency Agreement and does not assert and
will not require any ownership interest in or title to the capital facilities and/or
equipment constructed or purchased with state funds under this Interagency
Agreement. This provision does not extend to claims that the Department may
bring against the Contractor in recapturing funds expended in violation of this
Interagency Agreement.
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15. RELATIONSHIP BETWEEN THE PARTIF5
The Contractor and its employees or agents performing under this Interagency
Agreement are not deemed to be employees of the Department nor agents of the
Department in any manner whatsoever, nor will they hold themselves out as nor
claim to be officers or employees of the Department or of the State of Washington
hereof and will not make any ~ demand, or application to or for any right or
privilege applicable to an officer or employee of the Department or of the State of
Washington.
16. GOVERNING LAW AND VENUE
This Interagency Agreement shall be construed and enforced in accordance with
and the validity and performance hereof shall be governed by the laws of the State
of Washington. Venue of any suit between the parties arising out of this
Interagency Agreement shall be the Superior Court of Thurston County,
Washington.
In the event of an inconsistency in the terms of this Agreement, or between its
terms and any applicable statute or rule, the inconsistency shall be resolved by
giving precedence in the following order:
a. Applicable" state and federal statutes and rules;
b. Statement of work; and
c. Any other provisions of the agreement, including materials incorporated
by reference.
17. SEVERABILITY
In the event any term or condition of this Interagency Agreement or application
thereof to any person or circumstances is held invalid, such invalidity shall not
affect other terms, conditions, or applications of this Interagency Agreement,
which can be given effect without the invalid term, condition, or application. To
this end, the terms and conditions of this Interagency Agreement are declared
severable.
18. ENTIRE AGREEMENT
This Interagency Agreement and all attachments hereto contain all the terms and
conditions agreed upon by the parties. No other understandings, oral or
otherwise, regarding the subject matter of this Interagency Agreement and
attachments shall be deemed to exist or to bind any of the parties hereto.
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19. SIGNAGE AND MARKERS
If, during the period covered by this Interagency Agreement, the Contractor
displays signs or markers or circulates any communication identifying the
financial participants in the project, any such sign, marker, or communication
must identify the State of Washington and the Washington State Department of
Agriculture - Fairs Program as participants. The provisions of this section shall
also apply to any permanent signs or markers displayed at the project site.
20. PREVAILING WAGE
The project funded under this Interagency Agreement may be subject to state
prevailing wage law (RCW 39.12). The Contractor is advised to consult with the
Washington State Department of Labor and Industries to determine whether
prevailing wages must be paid. If the project funded by this Interagency
Agreement is subject to state prevailing wage laws, the Contractor shall comply
with chapter 39.12 RCW, including requiring any contractor or subcontractor it
employs to submit to the Contractor a "Statement of Intent to Pay Prevailing
Wages" and an "Affidavit of Wages Paid" as required by RCW 39.12040. The
Department is not responsible for determining whether prevailing wage applies to
this project or for any prevailing wage payments that may be required by law.
21. DISPUTES
Except as otherwise provided in this Interagency Agreement, when a bona fide
dispute arises between the parties and it cannot be resolved through discussion
and negotiation, either party may request a dispute hearing. The parties shall
select a dispute resolution team to resolve the dispute. The dispute resolution
team shall consist of a representative appointed by the Department, a
representative appointed by the Contractor, and a third party mutually agreed
upon by both parties. The dispute resolution team shall attempt, by majority vote,
to resolve the dispute. The parties agree that this dispute process shall precede
any action in a judicial or quasi-judicial setting.
22 CHANGE OF OWNERSffiP OR USE
a) The Contractor understands and agrees that any and all real property or
facilities acquired, constructed, or rehabilitated using state funds under
this Interagency Agreement shall be held and used by the Contractor for
the express purpose or purposes stated elsewhere in this Interagency
Agreement
b) In the event the Contractor is found to be out of compliance with this
section, the Contractor shall repay to the state general fund the amount of
the grant
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23. HISTORICAL AND CULTURAL ARTIFACTS
Pursuant to Executive Order 05-05, in the event that historical or cultural artifacts
are discovered at the project site during construction, the Contractor shall
immediately stop construction and notify the local historical preservation officer
and the state historical preservation officer at the Department of Archaeology and
Historic Preservation. The ExecutiVe Order is included as Exhibit B and is by this
reference incorporated into this interagency agreement.
24. ADMINISTRATION
a) The CONTRAcrOR's representative will be (name, address, telephone,
fax, email (if available) addresses:
Tax ID No.
b) . The DEPARTMENT'S representative shall be:
Kelly Frost, Coordinator
WSDA Fairs Program
PO Box 42560
Olympia, W A 98504-2560
(360) 902-1802 Work
(360) 902-2092 Fax
email: kf:rost@agr.wagov
IN WITNESS WHEREOF, the DEPARTMENT and CONTRAcrOR have executed this
Interagency Agreement as of the date and year \oullt.... below.
Approved as le fio....... nl
Q uJ1:;
JeffersOn Co. Prosecutor's 1~ II
FOR THEDEPARTMENT:
FOR THE CONTRACTOR:
Dan Newhouse. Director
Print Name and Title
Print Name and Title
Signature
Signature
Date:
Date:
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~G1)A Washington state Departmantal Agriculture
Administrative Regulations Program
PO Box 42560
.-rmmm. Olympia WA 98504-2560
-'""""""""111/1111111"\ (360) 902-1602
APPLICATION FOR SPECIAL ASSISTANCE GRANT FUNDS
Application deadline: October 14,2011
(&e reverse for eligibility requirements & application process) K'8' ;). 3
NAME OF FAIR APPlICAnON DATE
Jefferson County Fair October 10,2011
STREET AOIJIlESS MAlUNG AOIJIlESS
4907 Landes Street P. 0 Box 242
CIlY STATE ZIP MAIl.lNG OITY STATE ZIP
Port Townsend WA 98368 Port Townsend WA 98368
NAME OF REQl.IESTING llFFlCER (PLEASE PRJN1) lEI.Ei'HtN! NlJMBER.(U'ICI.lJDEAREACOOE) E-MAlLADIlREllS
Bill McIntire 360-385-1013 .jeffcofuirgrounds@olypen.com
IF YOU SUBMlTMQRE THAN ONEAPPLICATION FOR SPEClAL ASStllTANOE GRANT fUNDS. Wlll\T PRlORlTY IS THIS APPlICATION (11!ElNG me HlGHESTPRIORJn')1
This application is priority number I of the 2 grant applications we intend to submit for this fair.
CAPITAL IMPROVEMENT DETAIL
0ESCRIPl10N OFCAPlTAL lMPROIIEMENT(USSADIJI11ONALPAGES IF NECESSARY)
Remove old tile roofing, put down 5/8 . plywood sheeting and re roof with 30 year architectoral3 tab.
AMOUNT BEING REQUESTED FROMWSQA TOTAL PROJECT AMOUNT
$6,000.00 $14,193.73
TYPE OF MATCH
o Monetary IZI In-kind 0 Both monellI1y & in-kind 0 No match
DESallPTIONOFMATCH
Our match will be in lrind labor and monetary contribution from the JCF A.
The labor will be supplied by the Fairboard members and volunteers.
Labor to remove tile roof. Labor to install sheeting and re roof.
Fairllrlminim-ativeworktoobtain com e andsubmitrecei
HEALTH/SAFETY 1LEGN..REQUlREMENl'OFCAPlTAllMPROVEMENT
Please see attached pictures to that show the condition of the existing roof. The water has come through the
holes in the roof and are causing mold on the restroom ceiling.
WHAT IS lHE IMPACT IF YOUWERETORECElVEAGRANT AWARDLESSniANRSQI..EST'ED?
We will do the project but won't be able to do any other improvements or major repairs
during the year.
CAN THE PROJECT BE COMPl...E'JB)
BY JPHJ/R(31.2013?
IZl Yes
DNo
APPLICANT CERTIFICATION
I hereby certify under penalty of p61jury that the ~
SlGNATUREOFa:FlCERCOUPlETING APPI...ICA.TlQN
. 9 infonnalion is true and correct to the best of my knowledge.
DATESIGNED
AGRFORM~(RIllI1'J_''''3
:Jf1.P t:. t:.o
/0 ~ 1/
Exhibit A
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INSTRUCTIONS FOR
APPLICATION FOR SPECIAL ASSISTANCE GRANT FUNDS
ELIGIBILITY REQUIREMENTS
Any county which owns or leases property from another governmen1al agency and provides such property for
area or county and district agricultuml fair purposes may apply for special assistance grant funds. The funds
must be utilized for capi1al improvements to such property and/or maintenance of tile appurtenances. (RCW
15.76.165)
The project for which funding is being sought must be completed by January 31, 2013.
All applicants who receive grant funds must follow applicable procurement procedures.
Grant amounts will not exceed $50,000.00 each.
APPLICATION PROCESS
1. Complete one application per project
2. Attach supporting documentation (Le., copies of bids, bid proposais, estimates, pictures, etc.).
3. Send to: Washington State Department of Agriculture
Fairs Program
1111 Washington Street SE
PO Box 42560
Olympia WA 98504-2560
Due Date: 5:00 p.m. - October 14, 2011
4. If submitting more than one application. rank your application submissions (# 1 being the most important, #2
the next most important, etc).
REVIEW PROCESS
1. Applications will be reviewed and ranked by the Washington State Fairs Commissioners.
2. Preference will be given to those applications who provide a 50% monetary match to the amount requested
or a 50% in-kind match, such as donated material or labor. .
3. Preference will also be given to applications whereupon the money will be used towards a capi1al
improvement to address:
· a safety andlor health situation. or
· a legal or statutory requirement
4. There may be a follow-up inspection of the capi1al improvement, conducted by the applicable Fairs
Commissioner.
5. Once grant applications are approved for funding, the Department of Agriculture will execute an agreement
with the grantee specifYing the terms and conditions of the grant
AGRFORM_(RJllI11>Pase3d3
Fair Campgrounds Bathroom Estimates
Work Estimated Costs
Monetary In Kind/Donated
City Permit/Plan Review $300.00
Remove/dispose of roofing tile 64 hours @ $20 per hour $2,240.00
64 Hours @ $15 per hour
disposal of roofing tile 3 ton @ $120 $360.00
Sheeting 5/8" Plywood 65 sheets @ $22.99 each $1494.35 $1,628.84
Tax @ 9%
Install Sheeting 80 hours @ $20 per hour $2,800.00
80 Hours @ $15 per hour
30 yr architectural three tab, 30# Felt, mise staples, roofing nalls, $3,904.89
tar, Flashing, clips
Labor to install roof 80 hours @ $20 per hour $2,800.00
80 Hours @ $15 per hour
Fair Administrative $160.00
Time spend acquiring bids, estimates, etc:
Total Estimates $6,193.73 $8,000.00
Total Cost of Project $14,193.73
LN ! ORDER
11 70.00
I
2 5.00!
1.00
4 12.00
6 65.00
6
7 1.00
8 3.00
8 10.00
10 12.00
11 8.00
12
13
1
HADLOCK BUILDING SUPPLY
901 NESS CORNER RD
PORT HADLOCK, WA 98339
{360} 385-1771 FAX {360} 385-1980
Page: 1
SpedaI
1-
SaJemp/#: 122 RYAN L
Sold To: JEFF. CO. FAIR ASSOC.
P.O. BOX 242
PORT TOWNSEND" WA 98368
Acct 18p coda: 122
QUOTE
Quote: 00022156
TIme: 08:35:01
Shlp Dale: 10/11/11
JnvoIca Dale: 10/11/11
Due Dale: 11/10/11 REPRINT
Shlp To: JEFF. CO. FAIR ASSOC.
(360) 385-1013 ROOFING QUOTE
PORT TOWNSEND
(360) 385-1013
CUslomarPO: CAMPGROUND RESTROOlrdarBy:MCINTlRE. BILL
10TH
_ T279
PRICE EXTENSION
33.4900 2344.30
customer/#: 3851013
SHIP L! UIM
70.00 L BDL
ITEMlt DESCRIPTION
GAETNS30CH ROOF TIMBERLINE NATSHADOW CHARCOAL
3 BNDL 50U
5.00 L BDL GATEEWW ROOFTIMBERUNEHlPIRJOOEWEATHEREOWOOD
I OVERS 30 LF
DEUVERY CHARGE
FELT lt30 F20 200 50 FT 36'
COX 19/32 {618}4x8 5-ply
1.00L EA
12.00' L PC
65.00 L PC
DELM
RFFELT302
P58CDX5
1.00 P CTN
3.00 P EA
10.00 L EA
12.00 P EA
8.00 P EA
PSC58
GRCR4DGAL
RF1112EB
850026
H206T
SIMPSON PSC PLYWOOD CUP STEEL 5/8'
NAIL COIL ROOFING 1-1/2'
FLASHING BROWN 1xl-1l2xlO'
VENT RIDGE CORA 9'
HENRY 206 WET PATCH l00Z
Prices may change due to market.
Please conflnn prices prior to ordering.
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Quote Expires 10/18/11
QUOTE
ONLY
Taxable
Non-taxable
TaxI
_ _ _ , ThIs Is a QUOTE OlI!y, WE SJRONet.Y SUGGEST_TYOU USE
AQUAUF1EO AllCIilTE~';j'?':""" OR 8lJtlDER TO REVIEW TIlE MA1ERtAl.S lJST ANa CONfIRM_T
TIlE MATERIALS ARE !AlE FOR YOUR ImENDElJ USE.
1 - Quote
ESTIMATE:
-gooo-
A1t PricelUom I
33.4900 BIll
80.0900 BIll 80.0900 400.45
150.??oo l'A 1'50.0000 150.00
24.5900 PC 24.5900 295.08
22.9900 PC 22.9900 1494.36
47.5900CTN 47.5900 47.59
39.9900 l'A 39.9900 119.97
4.1900l'A 4.1900 41.90
12.9367 l'A 12.9367 15526
3.4900l'A ' 3.4900 27.92
Sales total
$5076.82
5076.82
0.00 Sales tax
456.91
TBF: 2080
Weight 28 100.
$5533.731
. This Is an ESTIMATEooIy. WE STRONGLY SUGGEST.1liATYOU USE
I TOTAL
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EXECUTIVE ORDER 05-05
ARCHEOLOGICAL AND CULTURAL RESOURCES
WHEREAS Washington has a rich and diverse C1P.tural heritage, as represented
by the numerous archaeological and historic sites that have been identified and located
throughout our state; and
WHEREAS preservation and protection of these sites provides educational and
cultural values for all citizens and leads to better understaiJ.ding betwll!ln cultures of our
sJ:wred history; and_
WHEREAS many citizens of Washington contribute their time and efforts to
preserve-and protect Washington's unique archaeological and historic sites, and
traditional cultural places; and _ '
WBERE1\S these sites and places hold special cultural, historical, and spiritoal
significance for both tribal members aild citizens ofWa,shington; and
WHEREAS the Department of Archaeology and Historic Preservation (DAHP)
and the Governor's Office of Indian Affairs (GOIA) have key statewide responsIbility
to enhance the public's awareness of the need and value of protecting Washington's
heritage and establish effective consultation with Native American tribal govermnents..
NOW, THEREFORE, I, Christine O. Gregoire, Governor of the state of
Washington, hereby order all state agencies to:
1. Review capital construction projects and land acquisitions for the
purpose of a capital construCtion project, not undergoing Section 106 review under the
National Historic Preservation Act of 1966 (Section 106), with the DAHP and affected
Tribes to determine potential impacts to cultural resources. This review shall be
required on all capital construction projects unless they are categorically exempted by
DAHP. Cultural resources are defined as archeological and hiStorieat' sites and artifacts,
and traditional areas or items of religious, ceremonial and social uses to affected tribes.
This review should be done as early in the project planning process as possible. Should
DAHP identi1Y a known culturally significant site in the area of a project, or should
DAHP inform the agency of the potential that suCh a significant site is likely to be
found in a project locale, the agency shall:
Exhi.,it B
~
.
A. Work with DAHP and affected Tribes on appropriate
archaeological survey and mitigation strategies consistent with state and federal
laws.
B. Consult with affected Tribes in a way that includes a face-to-face
meeting or other agreed upon method to discuss the project before a state agency
completes the project design. The agency will work with GOIA and DAHP to
identU)r affected Tribes and. if needed, seek their help to arrange a meeting to
discuss the project in question. If an agency is. unable to arrange such a meeting,
it will promptly notU)r GOIA and DAHP of the situation.
C. ,Take reasonable action to avoid, mlnlml?'c or mitigate adverse
effects to the archeological or cultural resource.
D. NoiliY DAHP and GOIA, in advance, of any meeting with
affected Tribes during which matters concerning cultoraI reso~ related to a
capital construction project will be discussed, and extend invitations to both
agencies to attend any such meetings. If representatives from DAHP or GOIA
cannot attend, the agencies will provide DAHP and GOIA with detailed meeting
notes.
2. Submit all agreements between state agencies and affected Tnbes
concerning cultoraI resources that are developed outside the Sectipn 106 process for
review and comment to DAHP. DAHP's review and comment on any 1lUCh agreement
must occur before the agency can sign such agreement Consult with DAHP and
affected Tribes during project design and prior to construction on projects not
undergoing Section 106 review, as a condition to receiving state grants or loans for the
pmposes of a capital constructiOn project. Should either DAHP or the affei;ted Tribes
identify cultural resources affected by the proposedprojOOt, the state agency or agencies
will ensure that the grant recipient finds:reasonable ways to avoid, mlnlml'7.e or 'mitigate
impacts to the resource'before state funding is disb~ State agencies shall take steps
to insure that this type of review is incorporated into their grant and loan management
process.
3. The Office of Financial Management is directed to include in its capital
budget instruction a requirement that agencies consult with DAHP and GOIA, as
appropriate, as part of the budgeting process for pre-design. design and construction.
,
4. To the extent that they have not already received training, all appropriate
state agency employees manAging capital construction projects or pass through capital
grants will attend Government-to-Government training and Cultutal Resource training
provided by GOIA and DAHP.
5. By January 15,2007, DAHP shall report back to the Governor's Office
, and the Office of Financial Management on the implementation of this executive order
including any recommendations on ways of improving implementation.
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,~
.
I invite institutions of higher education, public schools, statewide elected
officials, boards, commissions, and others to implement the practices herein described
within their agencies.
This executive order takes effect immediately.
IN WI1NESS WHERE OF, I have
hereunto set my hand and cansed the seal
of the state of Washington to be affixed at
Olympia this 10th day of November, Two
Thousand and Five.
CHRISTINE O. GREGOIRE
Governor of Washington
BY THE GOVERNOR:
Secretary of State
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