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HomeMy WebLinkAbout010912_ca05 Consent Agenda Commissioners Office JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Leslie Locke, Deputy Clerk of the Board DATE: January 9, 2012 SUBJECT: AGREEMENT NO. K843 re: Capital Improvement - Siding Replacement; In the Amount of$3,000.00; Jefferson County Fair; Washington State Department of Agriculture STATEMENT OF ISSUE: AGREEMENT NO. K843 re: Capital Improvement - Siding Replacement; In the Amount of$3,000.00; 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: AGREEMENT NO. K843 re: Capital Improvement - Siding Replacement; In the Amount of $3,000.00; Jefferson County Fair; Washington State Department of Agriculture tor ~/f.?-- Date t, '.. ~ STATE OF WASHINGTON DEPARTMENT OF AGRICULTURE, FAIRS PROGRAM INTERAGENCY AGREEMENT Number: K843 This Interagency Agreement entered into by and between Jefferson County, a county within the State of WashingtoIl- (hereinafter referred to as the Contractor) and the Washington State Department of Agriculture (hereinafter referred to as the Department), WITNFSSFS 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 fuD.ds 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 governmental 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 three thousand dollars ($3,000). 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. I t...'" -'-~ , 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 Grant Funds on behalf of the Contractor . c) All applicants who receive grant funds must follow applicable procurement procedures. 3. SPECIAL CONDmON(S) 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 project outlined in Exhibit A in the amount stated in this Interagency Agreement, including documentation of the non-state matching requirements, if 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 Department 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. 2 ~..: ... ~ , 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 project 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 intent 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. NONDISCRlMlNATION PROVISION 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 3 ~~ ,. ~. -. 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. CONTRACT 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 iID.plementation 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 fuIfill 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. 4 !..-" . 12. HOLD HARMLESS 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 attributable 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 PROmCT I CAPITAL 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 5 ~ . 15. RELATIONSlITP BE'IWEEN THE PARTIES The Contractor and its employees or agents perfonning 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 claim, 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 inconsisterJcy 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. 6 ~.. . 19. SIGNAGE AND MARKERS IT, 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. PREY AILING 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. IT 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 39.12.040. 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 OWNERSHIP 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 7 ~! 23. HJSTORICAL AND CULTURAL ARTIFACI'S 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. ADMlNJ5TRATION a) The CONTRACI'OR's representative will be (name, address, telephone, fax, emall (if available) addresses: Tax ID No. b) The DEPARTMENT'S representative shall be: Kelly Frost, Coordinator WSDA Fairs Program PO Box 42560 Olympia, WA 98504-2560 (360) 902-1802 Work (360) 902-2092 Fax email: kfrost@agr.wa.gov Approved as . form only: I zJ Z7/Za II IN WITNESS WHEREOF, the DEPARTMENT and CONTRACTOR have executed this Interagency Agreement as of the date and year written below. FOR TIm DEPARTMENT: FOR TIm CONTRACTOR: Dan Newhouse. Director Print Name and Title Print Name and Title Signature Signature Date: Date: 8 ~GDA'. (/p~) Washington stale /JepaJtmantof AgrlcuJfure ~ Admin~RBgu/slfonsP_ PO Box 42660 ~ Olympia WA 98504-2660 (360) 902-1802 APPLICATION FOR SPECIAL ASSISTANCE GRANT FUNDS Application deadline: October 14,2011 (See reverse for eligibility requirements & application process) 1<~ 4 3 NAME OF' FAIR APPUCATIONDATE Jefferson Coun1;y Fair October 10, 2011 STREET AIlDRESS MAILING AOllRESS 4907 Landes Street P. 0 Box 242 CITY STATE ZIP MAILING CITY STATE ZIP Port Townsend WA 98368 Port Townsend WA 98368 NAME OF REQUESTING OFFICER (I'f.EASE PRM) TaEI'HONE NlJMSER {INa.lJIJEAREACOlJE) E-MAIL ADDRESS Bill McIntire 360-385-1013 jeft'cofuirgrounds@olypen.com IF YOU SUllMITMORElHAN ONE APPLICATION FOR Sl'ECIAl.ASSISTANCE GlWITFUNOS. WHAT PRIORITY IS THlS APPUOAnON (11lE1NG THE HlGHESTPRlORIT'I)? This application is priorify number 2 of the 2 grant applications we intend to submit for this fair. CAPITAL IMPROVEMENT DETAIL lJESCRll>l1ON OFCAFlTAL IMPROVEMENT (USE AODITIONAL PAGES IFNECESSAR'tJ Remove old siding from south end of Cattle Bam. Put on plywood sheeting, James Hardie HardiePlank Siding and paint. Remove old siding from south end of Horse Bam. Put on plywood sheeting, James Hardie HardiePlank siding and paint. AMOUNT BEING REatIESTED FROMWSOA TOTALPROJECT AMOUNT lYPE OF MATCH $3,000.00 $10,851.71 o Monetary ~ In-kind o Both monetary & in-kind o No match 0ESCRlPlI0N OFMATCH Our match will be in kind labor and monellny contribution from the JCF A The labor will be supplied by the Fairboard members and volunteers. Labor to remove old siding Labor to install new siding and paint HEALTH/SAFETY ILEGALREOf.JlREMENTOFCAPlTALIMPROVEMENT The south ends of these buildings have more weather damage than the rest of the buildings and by repairing the ends it will put them back in good condition instead of having to replace the whole building in a few years.. Please see attached pictures to that show the condition of the siding. WHATIS THE lMPACT IF YOU WERe TO RECEM!A GRANT AWMDlESS THANREQIJESTED? CAN THE PROJECT BE COMPLETED We will not be able to complete the project BY JANUARY31. 20137 ~Yes DNo APPLICANT CERTIFICATION I hereby certify under penalty of perjury that the foregoing infonnation is true and correct to the best of my knowledge. SIGNATURE OF OFRCER<XaCPl.E1lNG APPUCAllON DATESIGNED -rEI'{:' ~ 10 ~ ( ~ 1 , Exhibit A AGR FORM 560-5543(RJ6111) Page f 013 .;. ~. INSTRUCTIONS FOR APPLICATION FOR SPECIAL ASSISTANCE GRANT FUNDS ELIGIBILITY REQUIREMENTS Any county which owns or leases property from another governmental agency and provides such property for area or county and district agricultural fair purposes may apply for special assistance grant funds. The funds must be utilized for capital improvements to such property and/or maintenance of the 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 (i.e., copies of bids. bid proposals, 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 (# I 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% monetaIy match to the amount requested or a 500,4 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 capital improvement to address: · a safety and/or health sitoation, or · a legal or statotory requirement. 4. There may be a follow-up inspection of the capital 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 AGR FORlII66l>S543(R1ll111) Paso'G!' . '" South End Cattle & Horse Barns Estimates Cattle Barn Work Estimated CQsts Monetary In Kind/Donated Remove/dispose of old siding 24 hours @ $20 per hour $480.00 $840.00 24 Hours @ $15 per hour $360.00 Sheeting 5/8" Plywood 15 sheets @ $22.99 each $344.85 $375.89 . Tax@ 9% $31.04 Install Sheeting 16 hours @ $20 per hour $320.00 $560.00 16 hours @ $15 per hour $240.00 James Hardie HardlePlank 70 boards @$6.67 $466.90 $508.92 Tax @ 9% $42.02 Install Hardy Planking 40 hours @ $20 per hour $800.00 $1,400.00 40 Hours @ $15 per hour $600.00 Paint 5 gal @ $34.94 $174.70 $190.42 Tax @ 9% $15.72 Paint wall 16 hours @ $20 per hour $320.00 $560.00 16 Hours @ $15 per hour $240.00 Fair Administrative $100.00 TIme spend acquiring bids, estimates, etc Total Estimates $1,075.23 $3,460.00 Total Cost of Project $4,535.23 Horse Barn Work Estimated Costs Monetary In Kind/Donated Remove/dispose of old siding 40 hours @ $20 per hour $800.00 $1,200.00 40 Hours @ $15 per hour $600.00 Sheeting 5/8" Plywood 22 sheets @ $22.99 each $505.78 $551.30 Tax @ 9% $45.52 Install Sheeting 24 hours @$20 per hour $480.00 $840.00 24 hours @ $15 per hour $360.00 James Hardie HardiePlank 90 boards @$6.67 $600.30 $654.33 Tax @ 9% $54.03 Install Hardy Planking 50 hours @ $20 per hour $1,000.00 $1,750.00 50 Hours @ $15 per hour $750.00 Paint 10 gal @ $34.94 $349.40 $380.85 Tax @ 9% $31.45 Paint wall 24 hours @,$20 per hour $480.00 $840.00 24 Hours @ $15 per hour $360.00 Fair Administrative $100.00 TIme spend acquiring bids, estimates, etc Total Estimates $1,586.48 $4,730.00 Total Cost of Project $6,316.48 Total Cost of Projects: $10,851.71 BEHR 1 Gal. 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HADLOCK BUILDING SUPPLY 901 NESS CORNER RD QUOT PORT HADLOCK, WA 98339 {360} 385-1771 FAX {360} 385-1980 Page: 1 Quote 00022156 1--- -_._---,_._-~...~_. ._....~.._._._-~.._--_.- - Special Time: 08:35:01 Instructions Ship Date" 10/11/11 Invoice Dale: 10/11/11 Safe rep #: 122 RYAN L. Acel rep code: 122 Due Date 11/10/11 1---- _.'''._ _'._.n Sold To' JEFF. CO. FAIR ASSOC. Ship To: JEFF. CO. FAIR ASSOC. P.O. BOX 242 (360) 385-1013 ROOFING QUOTE PORT TOWNSEND" WA 98368 PORT TOWNSEND (360) 385-1013 ..-- . Customer', 3851013 Cuslomer po CAMPGROUND RESTROO:>rder By MCINTIRE, BILL pop,mg02 LN ORDER SHIP' L' U/M ITEM# DESCRIPTION All Price/Uom PRICE 70.00 70.00 L BDL GAETNS30CH ROOF TIMBERLINE NAT SHADOW CHARCOAL 33.4900 BDl 33.4900 3 BNDL SOU 2 5.00 5.00 L BDL GATEEWW ROOF TIM3ERUNE HIP/RIDGE WEATHERED WOOD 80.0900 BDl 80.0900 OVERS 30 LF 3 1.00 1.00 L EA DELM DELlVEfW CHARGE 150.0000 EA 150.0000 4 12.00 12.00 L PC RFFEL T302 FELT #3() F20 200 SO FT 36" 24.5900 PC 24.5900 5 65.00 65.00 L PC P58CDX5 COX 19/J2 @~) 4x8 5-ply 22.9900 PC 22.9900 6 ___._.hh_..____~_________..U~.U__n._ 7 1.00 1.00 P CTN PSC58 SIMPSOf.; PSC PLYWOOD CLIP STEEL 518' 47.5900 CTN 47.5900 B 3.00 3.00 P EA GRCR4DGAL NAIL CO'L ROOFING 1-1/2' 39.9900 EA 39.9900 9 10.00 10.00 L EA RF1112EB FLASHIIIG BROWN 1x1-1/2x10' 4.1900EA 4.1900 10 12.00 12.00 P EA 850026 VENT RiDGE CORA 9" 12.9387 EA 12.9387 " 8.00 8.00 P EA H208T HENRY 208 WET PATCH 100Z 3.4900 EA 3.4900 '2 nh._____R -~._____n___.._____n___~h_ 13 Prices rr,dY change due to market. 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EXECUTIVE ORDER OS-OS ARCHEOLOGICAL AND CULTURAL RESOURCES WHEREAS Washington has a rich and diverse cvJ.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 understanding between cultures of our $Ired 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 ' WlIEREA,S these sites and places hold special cultural, historical, and spiritoal significance for both tribal members and citizens of Washington; 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 gove=ents. 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 exernpted by DAHP. Cultural resources are defined as archeological and hiStorical 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 ideniliY 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: Exhihit 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 pr 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 identify affected. Tn1res 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 notify GOIA and DAHP of the situation. C. . Take reasonable action to avoid, minimi7e or mitigate adverse effects to the archeological or cultoral resource. D. Notify DAHP and GOIA, in advance, of any meeting with affected Tribes during which matters concerning cultoral 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 Tribes concerning cultoral resources that are developed outside the Sectipn 106 process for review and comment to DAHP. DAHP's review and comment on any such 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 \W.dergoing Section 106 review, as a condition to receiving state grants or loans for the purposes of a capital construction project. Should either DAHP or the affeCted Tribes identify cultoral resources affected by the proposed project, the state agency or agencies will ensure that the grant recipient finds reasonable ways to avoid, minimi7e ot i:nitigate impacts to the resource before state ftmiling is disbursed. 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 Govermnent-to-Govermnent training and Cultoral 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. 2 " , I., ~ 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 WITNESS 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 3