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HomeMy WebLinkAbout042213_ra05~~~~~~ ~~~~~ ~JEFFEF~S~~I C9U~tTY PUBLIC HEALTH ~~- ~ ~ fi15 Sheridan Street Port Townsend Washington 983fi8 ~Sff i tii. ~5~z www. jeffe rsnncou ntypu bliChe~ Ith.org ,7~F~E~tSLI~ GUUNTY B+[~A~.Q ~3F GC3U1~''~Y' ~:C)MNIISSIt31VERS A~GEN~A REQUEST TI7. Beard of County Commissioners Philip Morley, County Administrator FR.~N1. Tsmi Pokorny, V~nviranmental Health SpeciaVist SUB.7V~C~'t Agenda ~equlestc Project Agreement - DosewalUps and ~uckabush Acquisitions 2912 RCQ # 12-13850 - 345,275.OCY. Consent Agenda STA~'ENf-ENT L]~_~ S~1E~ Environments! Health requests Board approve! for Salmon Recovery Funding ward Grant Agreement RCS #12-13850 to permanently protect and restore flovdplain habitat of the l~uckabush River. ANAVI.Ii'SI TRAT I G©ALS: The V;7osewaVVips and Duckabush Acquisitions Zfl12 Project Would fund the fee-simple acquisition of up to two parcels ~Berntsen-Paetter} totaling 21.9 acres of flaodplai~n habitat for the purpose of salmon recovery. This project was ranked #6 of ifk projects approved in 2912 by the Hood Cana[ Coordinating County Lead Entity and the state's Salmon Recovery V=unding Board ~SRFB). it originally included the two parcels owned by 'Berntsen-Poetter family as well es three adjacent parcels owned by the Gregory family. l~ue to s Lack of SRFB funds to compVete the entire project, the Berntsen~Poetter acquisition was privritl~ed by the SRFL3 and the Gregory ,parcels will be resubmitted for SRFB funding later this year. Matching funds far the current pcvject wily be provided by a portion of the value of two filoodplain properties Larson and Fulton - 1.25 acres) ;previously acquired by the county. on the ^osewalllps River using Secure Rura! 'Schools Title III funds. There is also a pending request for s token amount of conservation futures funds {CFF) towards a!! of the acquisitions listed above in order to make them eligible for CFF for operations & maintenance in future years. C~MMU~lITY 'HEALTH p~ gLIC H EALTH EI~VIRONMERITAL HEALTH ~EUELOPMEpuTAt- QISABILITIES ,, ~ ~„~;,, ~~ „ i "', F~~ ply WATER QUALITY MAlht: 3fi(~38~-9~~~ ~ ~ r~~ ~, ~~~hi ~,< ~ MAID: 36(}389444 FAx: 3s0~8~94c~~ HEALTHIER ~G~DMI~IUNITY FAX: 360379-4487 The primary goal of the Qosewallips and Duckabush Acquisitions 209.2 Project is to protect existing high quality habitat of the active Duckabush River floodplair~ critical to Chinook salmon recovery.. The parcels acre located in one of the few active alluvial reaches of the laver Duckabush River that has not been impacted by sharelir~e armoring. Ploodplain connectivity creates critical afF channel rearing habitat far salmon and is also important for the dispersal of erosive flood flows that may threaten structures, roads and other improvements an the flaodplain downstream. The grant also provides funding far restoration of the parcels to native vegetation, .Deffersan sand Trust {]LTA is actively building a community of volunteers to "adapt" key preserves across East Jefferson bounty through its naturalist programs and would consider partnering with the county to meet stewardship needs far the Berntsen-Paetter acquisition specifically... ,3LT owns shoreline property an the Duckabush River just downstream and is a secondary sponsor of this pro}ect. REVXIE'E© BYE F91:SCAL 9iMPACT: The total project cast for the Dosewallips and Duckabush Acquisitions 2012 Project R+CL? #iZ~13$SC its $406,20f~.00. Ali of the cash necessary to cornpfete the acquisition (~345,27~.00} will be provided lay the SRFB. The source of the match of 9.5°/0 {~f0,931.00} is being provided by a portion of the value of the farmer Larson and Pulton properties. There is ono impact the county's General Fund from this agreement. R~~C3~"!'!M ~N ~AT~ON J~PH management request approval of project agreement, ~osewallps and Duckabush Acquisitions 2012 RCa #12-9.3$SC, L~ecerr~ber b, 20I2 ~..9une 30, 2016; $34,275.00 4 ~~~ ~_ - Philip ~Morley~ Co ~y Administrat r date C(]h+~N6UNITY HEALTH pUBLI~ 'HEALTH ENVIR(~AINIENTAL HEALTH DEVEL{]PMENTAL DISf~.f_31LITIES ~ .,,~°fi i ~, ~ r r, vVATER QUALITY MAIIU: 3~o~s~sa©a ,~ ~~~, ,Rhl ,,.~. ~ MAIN: 3643s~-s44~t FAX: 36~385~94~1 HEALTHIER C~}MMUNITIf EAX; 3gp.379-4487 "~ WASHING7OTF STkrl: Recreatit~n artd G©nselvatiart ~~fice Project Sponsor: Jefferson County t'raject t~lumber: 12-13$50 Project Tltie: DosewaRfips and f~ucfcabush Acquisitions 21712 Appravat Date: 1215/2012 p. PARTIES {7F THE AGREEMENT This project grand Agreement {Agreement} is entered in#o between the State of Y~lashington by and through the Safmon Recovery 1=ending Board {BREW} and the Recreation and Canseraation Office, P.C. Box 40917, C)lympia, Washington 98504-0917 and ~feffessan County {spansar}, Pt7 E3ox 1220,. Port Townsend, WA 98388 and shat! be binding on the agents and all persons acting by or through the parties.. B, PtJRPf]5E Ot= AGREEtNEl~T This Agreerent sets out the terms and vanditians by which a grant is made from the Salmon Funding Accounts of the State of Washington. The grant pis administered by the Recreation and Conservation CJffice {ROC} to the spansar far the project Warned above. C. DESCR1PTtt?~I f)f PR~JEGT Jefferson County intends to acquire four parcels {23.15 acre} in fee simple containing diverse habitats associated v~ith the floodplains of the f7uckabush and t7asewallips rivers. Both rivers are hams to the iNfd-Road Canal stack of Puget Sound chinoak, as welt as stacks of summer and fall-run chum salmon, steelhead, caho salmon and pink salmon {SaSf 2007}. Two parcels (21.9 acres} are located in the Poweriines Reacts of the t7uckabwsh Rimer. This property i5 tocated on a portion of the unconsteained channel migration zone, riparian, upland and wetland habitat complex of the f3uckabush. Two parcels containing 1.25 acres are snatching properties located do the Pawerlines Reach of the Dosewallips River within the channe9 migration and riparian zones. The primary goal of the project is to protect existing high quality habitat of the auckabush and t'7osewal[lips ricer ~oodplains critical to chfnook recovery. objectives include fee simple acquisition of the Berntsen-i'aetter property, as well as decommissioning utffities to the site and p#anting within the disturbed areas. D. PEFtt{9D Gt= PEFtP{7RtlitAHCE The project reimbursement period shall begin on l7ecember F, 2412 and end on June 30, 2016. Na expenditure made before ar after this period is eligible for reimbursement unless incarparated by written amendment into this Agreement or specifically provided for by RCI=B andlor SRFf3 policy ar WAC. Requests for time extensions are to be made at least 60 days before the Agreement end date. If the request is made after the Agreement end date, the time extension will be dented. The sponsor alas obligations beyond this period of performance as described in Section E. E. Ottl-GOING ®BL,IG~ITtflt~t The Projec4 Sponsor`s on-gaimg obligation for the shave project funded under this Agreement is fa provide stewardship and maintenance of the site or facility to serve the purpose for which it was intended in perpetuity unless otherwise identified in this Agreement. F, PR~UJECT FUNfJING The total grant award provided by the funding board for this project shall not exceed $345.275,00. Tfre funding Baard shall not pay any amount beyond that approved far grant funding of the project and within the funding board's ercentage as identified tlefaw. She sponsor shall be responsible for all fatal project casts that exceed this amount. 7'he contribution by the spansar toward work an this project at a minimum shaft be as indicated below:. Percentage SRfB - Satmvr7 State Projects 85.00°k Project Sponsor 15.40°IQ Total Project Cost 100.011°~ Salmon Projecti Agreement - RCC1 #12-13850 Chapter 77.85 ROW, Chapter 420 WAC PRC,dAC~R.RPT Saliman ~raject Agre~mer~~ 5altrton Ftanding Accounts t7allar Amount 5345,275.00 S60,931.00 $406,206.00 Salmon Funding Accounts Pale 3 eat t7 G. RtGtiTS A~Yt7 DBLI~GATIatJ$ All rights and obligations aB the parties to this Agreement are subject to #his Agreement and its attachments, as now existing or hereafter amended, including the sponsor's application, eligible scope activities, project milestones, and the Standard Terms and Oonditions of the project ,Agreement, all of which are incorporated herein. Except as provided herein, no amendmenUdeletions of any of the terms or conditions of this Agreement will be effective unless prodded in writing. All such amendrnenJdeletions must be signed by both parties except the RCO director may unilaterally matte amendments to extend the period of performance. Period of performance extensions need only be signed by RCO's director or designee. W. C4fUIPLIANCE'wYTH APPLICABLE. STATUTES,. RULES, AI+tC RCFB-SRFB P(~LICSES This agreement is governed by, and the sponsor shall cr~mply with, altl applicable state and federal haws and regulations, including Chapter 77.85 RC W, Chapter 42Q WAC, and publ'sshed agency policies, which are incorporated herein by this reference as if fully set forth. I. SPECIAL CC1hil:7fTIC1!NS None J. FEQEft+4L PUNT] I~FflR141ATIC1~1 {Wane) I(. PFtC)JECT ~Rly,NTAGE'tEE'futENT REPRESENTAT9VE Ali written communications and notices under this Agreement wiU be addressed and sent to at least the mail address or the email address listed below if not both: Pro'ecf rnntact SKEW Y`3ame: Tami Pokorny 9~ecreation and Conservation Office Title: Atatural Resources Specialist lVaturai Resources f3uilding Address: 615 Sheridan St P{7 Box 4t~917 'Port Townsend. WA 98368 C3€ympia, Washington 98544-4917 Email: tpokorny@co.jefferson.wa.us These addresses shall be effective untdl receipd by one party from the other of a written notice of any change. L, ENTIRE A~REEM€NT Ttais Agreement,. with ail amendments and attachments, constitutes the entire Agreement off the parties. Nc other understandings, oral or otherwise, regarding this Rgreement shall exist or bind any of the parties, M, EFFECTYVE DATE This Agreement, for project 12-13850, shall be subject to the written approval off the fiCO's authorized representative and shall not bs effective and binding until executed by both the Sponsor and the RCO. Reimbursements for efagible and allowable costs incurred within. the period of performance identified in Section [3 above are allowed only when this Agreement is fully executed and an original is received by RCO. S-almon Project Agreement - RCO #1~-t 3850 Salmon Pending Accounts Ct7apter 17.85 RCNJ, Chapter 42€Y WAC t'agr: 2 ar ~ PR~JAGR RP7 The sponSOrls has read,. fully understands, and agrees to be bound by al9 terms and conditions as se# font, in this Agreement, The signa#ars its#ed below represent and warrant their authority #o bind the parties to this Agreement. Jefferson County By: Name: {printed} 7it3e: State of Washingtnt~ t7n behalf ®f the Salmon ieaovery Funding Soard ~SRFB] By: Kaleen Cot#ingham Director ^ate; Pre-approved as do form: ~Y: 1~1 - ~at~: June 27, 2CJ~1 - Asststant Attorney General A,pprav~c~ ~s ~ farm only: ~ 1 +~ ,~ ry t t f t, .L ~ , 3e~FfersQns ~~n. ~rn~~r~"`tt~Y'~ ~~~~i~ Salmon 'Project Agreement ° RC(7 sf~2-~385C Salmon Funding Accounts Page 3 cf ~7 Chapter 77.85 i~CW, Chapter 42Q WAC Pi1C]SAttR. RP7 standard ~'erms and Condt~on~ a'f the Prv~eCt Agreement Tatale of Contests Page C1TATlONS, F1EADtNGS ANI7 DEFINITIONS ............................................................ 6 SECTION 1. SECTION 2. PEFtFOEtINANCE BY THE SPON50Fi ..................................................................... g SECTlC3N 3. ASSIGNMENT .................................................................................................... 8 SECTION 4. RESPC}NSIBILITY FOR PF20JECT ................................ SECTION S. INDElu1NIFICATION .................................,.........,...,..........,..,,....,..................,....... $ INDEPENDENT CAPACITY OF THE SPCI+iSOR ....................................................... 8 51=CTION 6, SECTION' 7. CONFLICT OF INTEREST .................................................................................... 8 SECTION 8. . ........................... ACICNiDWLEDGMENTAND SIGNS ......................................... . 8 SECTION 9. COIIIIPLIANCE WITH APPLICABLE LAW ............................................................... ~ SECTION 14. HAZARDOUS SUBSTANCES .............................„.,..,................,..,,....................... 1D SECTION 11. RECORC35 ......................................................................................................... 14 SECTION 1 Z. TREATN'IENT OF ASSETS .................................................................................... 10 SECTION 13. RIGHT OF 1NSPEGTION ....................................................................................... 16 SECTION 14. ................ . ................ STEWARDSHIP AND MONIYOKING ..................................... 10 SECTIOA7 15. DEBARMENT CI=R'fIFBCATION ............................................................................. 11 SECTION 1F. PROJI=GT EUNDBNG ........................................................................................... 1"I SECTIClN 17, .. .............................. PROJECT REIMBURSEMEN ............................................ ~~ SECTION 1S. ADVANCE PAYMENTS ....................................................................................... 11 SECTION 19. ................................................................... 'RECOVERY OF PAYIUIENTS ............. 12 SECTION 2~. ......................... CONVENANT AGAINST CONTINGENT FI°ES ........................,....,. 12 SECTION 2i, PROVISIONS APPLYING TO DEVELOPMENT, RI=NOVATION AND RESTORATIDN 12 PROJECTS .. ...... ..................... . ................. PROVISIONS ,4PPLYItJC, TO ACQUISITION PI:tC3JI=CT5 ........................ 12 SECTION 22. SECTION 23. RESTRI:CTIOhI ON CONVI=RSION C]F REAL PROPERTY 1 ANt~lOR FACILITIES TO OTHER USES ................................................................. 3 CONSTRUCTION, OPERATION, USE AND MAINTENANCE SECTIOT~ 24. OF ASSISTEL7 PROJECTS,..,............,.....,..,..,..... ................................................ 13 SECTION 25. ............................................................... INCOME AND VNCOME USIa ................. 14 SECTION 26. ................................. PRI<FERI~NCES FOR RESIDIe ............................... ... .. 14 Salman Funding Ac ;aunts Sa9rnen 'Pr~jecf agreement - RCfl #12-1385C Page ~ of 1 t Chapter 77.5 RCV'J, Chapter 42L? VUAC PROJAGR 12PT PROVISIOI+IS RELATED TD CORPORATE [INCI,IIISINCx NOIdPRDF1T} SECTION 27. 14 SPONSORS ....... .......... ......... LIABIL9'fY INSURANCE I~EQUIRM@NTS FDR FIREARMS SECTION 25. AND ARCFIERY RANGE SPC7NSOR5 ................................................................... `I4 .................... REDUiIREIIAENTS DF THE NATIONAL PARK SERVICE ......................... 15 SECTION 29- SECTION 3a. .......................................... FARMLAND PRESERVATION ACCOUNT ................... '15 SECTION 3'1• ORDER OF PRECEDE.NCIr ................................................................................. 15 SECTION 32. AMENDMENTS ................................................................................................. i5 SECTION 33, ............................................................ LIMITATION OF AUT}{ORITY .................. 15 SECTION 34. WAIVER DF DEFAI.ILT ....................................................................................... 15 SECTION 35. SREPRESENTATIONS APPLICATION REPRESENTATIONS ML ...... .................................................. OFt INACCURACY OR BREACFI..,,,,,., 1S SECTION 38. SPECIFIC PERFORIU9ANCE ................................................................................ 1 fi SECTION 37. TERMINATIDN ................................................................................................. 16 SECTION 38. p15P[1TE E~IEA}'~INCs .......................................................................................... 16 SECTION 39. ATTORNEYS' FEES .......................................................................................... 17 SECTION 4a, ................................................................ Gc3VERNING L,gyyyn/ENUE ................. 17 SECTION 41. SEVERAI3ILITY ................................................................................................ 17 Salmon Funding Accq~ants Salmon Project Agreement - RCCJ Ik12-1385C f~aye 5 of ~ 7 Chapter 77.85 RCIN, Chapter 42{J 1,!VAC I'12C~JAGR. RI'T ~ WASHI:aGYDN STAYE f~ecreatian and Standard Terms and Conditions Canselvatien ~]f#ice of the Project Agreement Project t~urnber: 12-13$5 Project Spoa~sar: Jeffersan Caunty project Tine: posewallips and ~uckabush Acguisi#icsns 2U1 ~ Approval [date: ~ ~J5J2Q12 SECTIRN 1. Gl7'A7101VS, t~t~AR1f~GS ANi? R~FIM1t[TtQhiS A. Any city#ions referencing specific dacumer~ts refer #o the current version at the date of prajectAgreemero# andJor any revisions iin the future. B. Fleadirtgs used in #his Agreement are far reference purposes only and shall not be cor€sidered a subs#antive par# of this Agreerrtont. Salmon Funding Accaunts Salmon Praject Agree~en# - RCO #t2-13850 ~ac~~ c ;,s 17 Chapter T7 85 RCW, Chapter 42fl WAC ~~a.~A~~.~t~~r Definitions. As used throughout this Agreement, the following terms shall have the meaning set forth belpw: acquisition -The purchase of fEe or less than fee interests in real property. These in#erests include,. but are not limited to, options, right of first refusal, conservation easements, accessftrail easements, covenants, water rights, leases, and mineral 4~ghts• 0.greement-The accord accepted by all parties to the present transactions thisAgreement, any supplemental Agreements, any amendments to this Agreement and any intergovernmentalAgreements. applicant -Any agency or organization that meets the qualifying standards. including deadlines, far submission of an applieatian soliciting a grant of funds from the funding Saard. application ~ T`he dacurnents and other materials that an applicant submits to the RCO to support the applicant's request far grant funds; this includes materials required far the "Application" in the RCC7's automated project information system, and ether documents as Hated on the application checklist including but Hat limited to legal opinions, evaluation presentations and scripts. asset -Equipment purchased by the sponsor or acquired ar transferred to the sponsor far the purpose of this Agreement. This definition is restructed to non-fixed assets, including but na# limited to vehicles, computers ar machinery. cognizant or oversight ageruay - Federal agency responsible for ensuring compliance with federal audit requirements. contractor -Shall mean one not in the employment of the sponsor who is performing all ar part of the eligible activities for this project under a separate Agreement with the sponsor. The terra "contractor" and ''contractors" means oantractor,s} in any tier. secondary sponsor -one of 1[vuo or rraore eligible organizations that sponsors. agrant-funded project. C7f these two sponsors, only one -the primary sponsor -may be the fiscal agent dgve1opmrent -The construction of or work resulting in new e[ernents, including but not limited to structures, facilities, andlor materials to enhance outdoor recreation, salmon recovery ar habitat oonservatian resources. director -The chief executive officer of the Recreation and Conservation C3ffice ar that person's designee. elements, items and wflrktypes - Carnpanenfs of the funded project as provided in the project description, funding'board -The board that authorized file funds in this Agreement, either the Recreation and' Conservation Funding Beard (RCFB}created under chapter 79A.25.114 RCW, or the Salmon Recovery Funding Board {SRFBj created under chapter 77.85.19 D RCW. grantee -The organhzational entity or individual to which a grant {or cooperative agreement) is awarded and signatory to the Agreement which is responsible and accountable bath far the use of the funds provided and for the performance of the grant-supported project or activities. landowner agrer3nsgent - A landowner agreement is required between a SRFB ~projeci sponsor and landowner far projects located an land Hat owned, or otherwise controlled, by the sponsor. Iower tier participant -refers to any sponsor receiving a federal grant through RCC1. rawer tier participants also refer to any grantee. subgrantee, ar contractor of any grantee or subgrantee from the original sponsor funded by RC4. milestone - An important event with a defined deadline fior an activity related to implementation of a funded project. period of performance ~ The time period specified in the Agreement,. under Section 0, period of performance. pro'eet -The undertaking that is the sut~yeot of this Agreerrsent and tkaat is, ar may be, funded 1n whale or in part with funds administered by RCC7 an behalf of the funding beard. RCC7 -Recreation and Canservatian ~}ftice -The state office that provides administrative support fa the Recreation and Conservation Funding Beard and Salmon Recovery Funding Board. RCC7 includes the director and staff, created by Chapters 79A.25.190 and 79A.25.15Q RCW and charged with administering this Agreement by Chapters 77.85.11Q and 79A.25.24D RCW. reimbursement -Payment of eligible and allowable costs that have already been paid by the sponsor per the terms of the Agreement. renovation - The activities intended to improve an existing site ar structure in order to increase its service life or functions. This does not include maintenance activities. restoration -Bringing a site back to its original function as part of a natural ecosystem ar improving the ecological functionality of a site. spansar -The eiigitale applicant who has been awarded a grant of funds and is !bound by this executed Agreer;~ent; includes its offECers, emplayees, agents and successors. subgrantee -The to ranteegfar the use of the fv~ ds provided r ether legal entily #a which a subgrant is awarded and which is accountable to the g Salmon Funding Accounts Selman Project Agreement - RCC #12-13850 Pale 7 of t7 Chapter 77.85 ftCL^f, Chapter 42(l v~1AC f~ FZi],fAGR. Rr'T s~crlc~rl z. P~g~oRl~A~tc~ BY TH€ sPOrasotx The sponsor, ar3d secondary sponsor where appl'€cable, shall undertake the project as described in this Agreement, post evaluation summary, the sponsor's application, and in accordance with the sponsors proposed goals and objectives described in the application ar documents submitted with the application, all as finally approved by the funding board. All submitted documents are incorporated by this reference as if fully set forth herein. The prder of Precedence is covered in Section 31. Timey corra~aletion of the project and submission of required documents, including progress and final reports, is important. Failure 30 meet critics! milestones or complete the project, asset out in Phis Agreement, is a material breach of the Agreement. S€CTtt7W 3. ASSIGh1NtEI~T Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the sponsor without prior written consent of the ReGreatian and Conservation Office. SEGTIC3f'14- RESPf1NSIBILITY FOR F~ROJECT While the funding board undertakes to assist the sponsor with the project by prou~ding a grant pursuant to this Agreement, the project itself remains the sole responsibility of the sponsor. The funding beard undertakes na responsibilities to the sponsor. a secondary sponsor, or to any third party, other than as is expressly set out in this Agreement. The responsibility for the implementation of the project. is solely that of the sponsor, as is the responsibility for any claim or suit of any nature by any third party related in any way to the project. +JVhen a project is sponsored by mare than one entity,. any and al! sponsors are equally responsible for the project and all post-comple#ion stewardship responsibilities. S€CTI()N 5• tNQEtYIMIFICATION To tl~e ful4est extent permitted by the law. the sponsor expressly agr®es to and shall indemnify, defend and hold harmless the State and' its agencies, ofFciais, agents and employees from and against ail claims, actions, casts, damages, or expenses of any nature arising out of or inctdent to the sponsor's or any contractor's performance ar failure to ,perform the Agreement, Sponsor's obligation to indemnify, defend and hold harmless also includes any claim by sponsor's agents, employees, representatives ar any contractor or its employees. Sponsor`s obligation to defend includes payment of any casts or attorneys' fees. Sponsor's obligation shall not include such claims that may be caused toy the sole negligence of RCC}, its officials, agents, and errsployees. if the claims or damages are caused toy or result from the concurrenk negligence of (a} RCO its agents or employees and {b} the sponsor, its contractors, agents, or employees, trhis indemnity provision shall be valid and en#orceabie only #a the extent of the negligence of the sponsor or its contractors, agents, or employees. The sponsor expressly agrees to waive hislher immunity under Title 51 RCW {as to the State, and its agencies but not as to any employee, worker or thirdparty} to the extent required to indemnify, defend, and hold harmless the State and Its agencies, officials, agents or employees. 5€CTtC3N 6. I1J17€p€fJt7ElJT CAPACITY OF Ti~t€ SP~f~tSC}t4 The sponsor and its employees or agents performing under this Agreement are not officers,. employees or agents of the funding board or RCO. The sponsor viii not hold itself out as nor claim to be an officer, employee or agent of RCO, a funding board or of the state of Washington, nor will the sponsor make any claim of right,. privilege ar benefit which would accrue to an employee under Chapters 41.66 ar 288 RCW- The sponsor is responsible for withholding andlor paying, employment taxes, insurance, ar deductions of any kind required by federal, state, andlor local Laws. 5`~CTION 7. C()fVELICT aF tNTEFtEST Norivithstanking any determination by the Executive Ethics Hoard or other tribunal, RCO may. do its sole d'sscretion, lay written notice to the sponsor terminate this Agreement if it is found after due notice and examination by tl"tCC} that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RC1N; or any similar statute involving the sponsor Gn the procurement of, or performance under, this Agreement. In the event this Agreement iS terminated as provided above. RCC1 shall b@ entitled to pursue the same remedies against the sponsor as it coutld pursue In the event of a breach of the Agreement by the sponsor. The rights and remedies of RCO provided far in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. s€CTI4N B. ACKNC]WL€bGM€tJT Al~f~ SiGf+IS A. Publications. The sponsor shall include language which acknowledges the funding contribution of the applicable grant program to this prefect in any release or outer pub;ication developed or modified for, or referring to, the project during the project period and in the future. B_ Signs. The sponsor also shall post signs or other appropriate media during the project period and in the future at project entrances and other locations on the pra}ect which acknowledge the applicable grant program's funding contribution, unless exempted in funding board policy or waived by the director. Salmon Funding Accounts Batman Project Agreement - RCO #12-13$50 Patna a of t ~ Chapter 77.85 RC'UV, Chapter 426 WAC PftDJAG1~.RP7 Ceremonies. T4~e sponsor shall notify RCCr na later than two weeks before a dedication ceremony far this projecf. The spansar y sha1V verbally acknowledge the applioable grant program"s funding cantribut'son at all dedication ceremonies. t7. Federally Funded Projects. When issuing s#atements, press releases, requests far proposals, bid salicitatians, and other dacumenis describing a project funded in whale or in part with federal money ,provided far in this grant, sponsors shall clearly state: 1. The percentage of the tats! costs of the project that is f Wanted with federal money ; 2. The dollar arrrount of federal funds far the project; and 3. The percentage and dollar amtr~~nt of the tota9 costs of the project that is fbnanced by nangovernrmental sources . S~CT14N 9. CrJIVIIPL4AtdCE WITH ApFLICA~3LE t.AW The sponsor wi14 irs~plement the Agreement in accordance wish applicable federal, state, and local laws, regulations and RCO and funding board policies regardless of whether the sponsor is apublic arnon-public organization. The sponsor shall. comply wi#h, and FtCC7 is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regu9ations, andPor policies, including, but not limited to: State lanvironmental PoltcyAct; industrial Insurance Coverage; Archiieatural Barriers Aet; permits (shoreline, Hydraulics Project Approval, demolition}, land' use regulations (crstical areas ordinances, Carawth Ndanagemenf Act}; federal and state safely and health regulations {Occupational Safety and Health AdrninistratanlWashington Industrial Safety and Health Act}; and guy American Act. Endangered Species For habitat restoration projects funded in part ar whale with federal funds administered by the SRFS the sponsor shall not commence with clearing of riparian trees ar in-water work unless either the sponsor has complied with 5q CFft 223 20~ jb}{8}, 1irnit 8 or until an Endangered Species Fact consultation is finalized an writing by the Natrona! Oceanic and Atmospheric Administration. Violation of this requirement may be grounds for terminating this projectAgreernent. This section shall not be the basis for any enforcement responsibility by RCO. tJonciiseriminatlon Laws The sponsor shall comply with all. applicable federal, state, and focal nandlscriminatian laws andlor policies. including but not limited ta; the Americans with Disabilities Act; Civil iRights Act; and the Age t3iscriminatian Act. In the event of the sponsor's noncompliance or refusal to ccmpty with any nondiscriminatian law or policy the Agreement may be rescinded, cancelled, or terminated in whole or in part, and the sponsor may tae declared ineligible for 6urther grant awards from the funding board. The sponsor is responsible far any and all costs ar liability arising from the sponsor's failure to so comply with applicable law. Wages and Job Safety The sponsor agrees to comply with ail spplicshle laws, regulations, and policies of the United States and the State of Washington wfiich affect wages and jot? safety. The spansar agrees to pay the prevailing wage rate to all workers, 'laborers,. or mechanics employed in the performance of any part of This contract if state law applies to the lands in question and the prevailing wage law applies to the work being per#armed. The'JNashingtan State t7epartment of Labor and Endustries should be cansulled to determine whether prevailing wage laws.. apply- Further the sponsor agrees to corraply with the provisions of the Mavis-Satan Act as required, and any ether applicable federal laws. Archaeological and Cu3turat Resources The sponsor must comply with Executive Order {75-C35 or the Nations! Historic Preservation Act befare initiating ground disturbing activity. The funding beard requires documented compliance with Executive Order 05-45 or Section 145 of ttse National Flistoric Preservation Act, whichever is applicable to the project. t# a federal agency declines io consult, the sponsor shall comply with the requirements of Fxecuiive Order t75-~5. In the event that archaeafagical or hisfaric materials are discovered during project activities, work in the location of discovery and immediate vicinity must step instantly, the area must be secured, and notification must be provided to the following: concerned Tribes' culturail staff and cultural committees,. RCO and the State t}epardmend of Archaealagy and I-tistoric Preservation if human remains are discovered durlrrg project activity, work in the lacatian of discovery and Errsmediate vicinity must slap instantly, the area must be secured, and notification provided to the concerned Tribe's cultural staff and cultural committee, RCD, State t3epardment of Archaeology, the coroner and local law enfaroemeni in the most expeditious manner passible according to RCW 68.50 Restrle~tians on Grant flee No part of airy funds provided under this grant shall be used, other than far normal and recognized executive-legislative relationships, far publiaty or propaganda purposes, or far the preparation. distrihutian, or use of any kit pamphlet, booklet, publication, radio. television, or video presentation designed to support ar defeat legislation pending be#are #he'J'.S. Congress ar any stale legislature. Na part of any funds provided under this grant shall b>? used to pay the salary ar expenses of any sponsor. or agent adding for such spansar, related to any activity designed to influence legislation ar appropriations pending befare the U.S. Congress or any state legislature. Salmon Funding Accaunis Salmon Project Agreement - RCO #12-1385C Rage q ar t ~ Chapter 77.85 ftCW. Chapter 420 WAC PRC7.]AGR. RPT SECTIt;)~t 10, MA~ARDCrt75 Sl1BSTANCES A. Certifrcation. The sponsor shatl inspect, investigate, and conduct an environmental audit of the proposed acquisition site for the presence of hazardous substances., as defined in Chapter 7[1.t051~.424 (11] RCW; and certify: 3. No hazardous substances were faund an the site, or 2 Any hazardous substances faund have been treated andlar disposed of in carnpliance with applitabte state and federa9 laws, and the site deemed "dean." 13. Responsibility. Nothing in this provision sitars the sponsor's duties and liab'sli#ies regarding hazardous substances as set fanth in Chapter 7fJ.'tl]5D RCV'J. C, gold 9-{armless. The sponsor wilt defend, protect ands bald harmless RCC] and any and aIC of its employees andlor agents, from and against any and all liab'otity, cast (including but not limited to all costs of defense and attorneys' fees} and any and all loss of any nature from any and al9 ttaims or suits resulting from the presence of, ar the release or threatened release of, hazardous substances on the property the sponsor is acquin-ing. St=CTIC)hi' 11. REC4]RDS A. Maintenance. The sponsor shall rraaintain books, records, documents, data and other evidence reYating to this Agreement and performant~ of the services described herein, including but not limited to accounting procedures and practices which sufficiently and property reflect all direct and indirect costs of any nature expended in the performance of this Agreement Sponsor shalt retain such records for a period of six years from. the date RCCl deems the project complete , as defined in Section 17(0} below. Yf any litigation, claim ar audit is started before the expiration of the six (E] year period, the records sha19 be retained until all litigation, ctaims, or audit findings involving the retards have been resolved. S. Access to records and data. At na additional cast, the records relating to the Agreement, including materials generated under the Agreement, shalt be subject at alt reasonable times to inspection, review ar audit by RCt~, personnel duty authorized by RCC}, the pffce of the State Audit arts the costslsubmitted for payment under the gran andga I findings, gcanctaasi'ons~anddudes access to ail infdrmation that supp recommendations of the sponsor's reports, including computer modeYs and methodology far these models. C. Public Records. Sponsor acknowledges that the funding board is subject to chapter 42.56 RCW and that this Agreement and any retards sponsor submits ar has submitted to the State shalt be a public retard as defined in chapter 42.56 RCW. Additionally, in tampliante with RCW 77.85.9 36{8], sponsor agrees to disclose any information in regards to expenditure of any funding received from the SRFB• SY submitting any record to the state sponsor understands that the State may be requested to disclose or copy that retard under the state publAC 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 cppy such document to respond to a request under state public records laws. The Sponsor hereby agrees to release the State from any ctaims arising out of allowing such review or copying pursuant to a public records act request, acrd to indemnify against any claims arising from allowing such review or copying. and pay the reasonable cost of state"s defense of such ctaims. 5ECTl~QN 12_ TREATIVlEf~tT C}F ASSETS A. Assets shall remain in the possession of the sponsor for the duration of the project or applicable grant program. When the sponsor discontinues use of the assets}far the purpose far which it was funded, RCD will requite the sponsor to deliver the assets] to RCC, dispose of the asset attording to RC® polities, or return the fair market value of ttre assets] to RCtJ. Assets shag be used only far khe purpose of this Agreement, unless otherwise provided herein or approved by RCC7 in writing. 8, The sponsor shall be respans'sbte for any Yoss or damage to assets which results from the rregtigence of the sponsor ar which results Pram the failure on the part of the sponsor to maintain and administer that asset In accordance with sound management practices. SEGTt[3l~ 13- R6GtiT t]F INSPECTtCN The sponsor shall provide right of access to the project to RCt~, or any of its officers, or to any other authorized agent ar official of the state of t~iashingtan ar the federal government, at all reasonable times, in order to monitor and evaluate performance. compliance, andlor quality assurance under this Agreeirient. lfi a landowner Agreement or outer form of control and tenure has beery executed, it will further stipulate and defdne the funding board and RCD's right to inspect and access Sands acquired or developed with funding board assistance. SECTtt]N 14. STEWARbS~ItP Afv1fl Mt]NITORING Sponsor agrees to perform monitoring and stewardship functions as stated in polity documents approved by the funding boards or ROCS. Sponsor further agrees to utilize, where apptitable and financially feasible, any monitoring protocols recommended by the funding board. Salmon Funding Accounts Selman f'rojectAgreement - RCC] #12-13880 Page 3q of r ~ Chapter 77.85 RCW, Chapter 424 WAC ~¢2[}1AGR. F7PT 5'~C7t~3N 15. ^EE3ARNI~NT+CERT1FiCA7tC}N A. Fvr Federally Funded Projects hey signing the Agreement with RCC7„ the sponsor certifies that neither it nor its principals nor any other iawer tier participanf are presently debarred, suspended, proposed for debarment, declared ineGgkble or voluntarily exciuded from participation in this transaction lay any Federal department aragency- Further, the sponsor agrees not to enter into any arrangements or contracts related to this. Agreement with any party that is on the "~enerai services Administration"s 'wxci'uded from Federal Procurement or Non-procurement Prograrxas at http:llwww.epls.gvv, The sponsor {prospeotAVe iawer tier participant} shad provide immediate written natioe to RCC} if at any time the peospective Sower tier participant learns that the above certifcatdan was not correct when submitted or has becomEe erroneous by reason afi changed circumstances. S. Far State Funded Prayeots 13y s~gniog the Agreement with RCCJ, the sponsor certifies that neither i# nor its principals nor any other lower tier participant are presently debarred, suspended, proposed for debarment, declared aneligrble or voluntarily exciuded from participation in this transaction by Washington State Labor and industries. Further, the sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party that is on the "Contractors not Allowed to Sid on Public vWorks Projects" fist a# http:llw?wu+!.Ini.wa.govlTradesLicens inglPrevlNagelAwardingAgencEeslt7etaarredContractors! SECTIt71~i 1.6. flRO.t~C7 Ft1i3QlhlG A. Additionah Amounts. The funding beard shall not tae obligated to pay any amount beyond the dollar amount as identifed in this Agreement, unless an additional amount has been approved in advance by the #unding board or director and incorporated by written amendment into this Agreement. ~. Before the Agreement. t+ta 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 specffica6ty provided far by funding boards policy such as a waiver of rekroaotivity or program specifkc eligible pr®-Agreement casts. For reimbursements of such costs, this Agreement must be fully executed and an original received by RGCJ. Ttae dollar amounts identified in this Agreement may be reduced as necessary to exclude any such expenditure from reimbursement. C. After the period of performane2. Eta expenditure made, ar obhigation incurred, follovwing the period a# performance shall be eligihfe, in whole ar in park, for grant funds hereunder. In addition to any remedy the funding board may have under this Agreement, the grant amounts identified in this Agreement shalt be reduced to exclude any such expenditure from participation. S~CTtCN 17. PROJECT REtf~IBttRSEfYlENT5 A. This contract is administered on a reimbursement basis. The sponsors may only request reimbursement after elighble and allowable costs have already been paid by khe sponsor and remstted fa their vendors. RCC will then reimburse the sponsor for those costs based upon RCC}'s percentage as defined 6n Seothon F of the PrvjectAgreement of the amount billed to RCC]. RCC7 does not reimburse for donations which khe spansar may use as paR of Its percentage.. Aid reimbursement requests must inolude proper documentation of expenditures as required by RG(J. ~ Compliance and Payment. The obligation of RCC ko pay any amounts} under this Agreement is expressly conditioned an strict aompiiance with the terrxrs of this Agreement by the spansar. C. Compliance and Retainage. RCCl reserves the right to withhold disbursement of up ko the final ten percent {tg°Io) of the total. amount of the grant to tyre sponsor until the project has been completed. A prayect is considered "'complete" when. 1. All approved or required activities outlined in the Agreemenf are done; 2, Qn-site signs are in place {if applicable); 3. A final project report is submitted to and accepted by RGC7; 4. Any other required documents are complete and submitted to RCC7; 5. Afhnal reimbursement request is submitted to RGJ; B. Tyre vompieted project has been accepted by RC©; T. Final amendments have been processed; and $. Fiscal transactions are complete. 9. RGD has accepted a final boundary map, if required for the prayed, far which the Agreerttient terms will apply in the future. t~. Reimbursement Request Frequency. Sponsors are encouraged do send RCC} a reimbursement request at least quarterly. Sponsors are required to submit a reembursement request to RCC}, at a min+mum for each project aY least once a year for reimbursable activities vccurnng between. July 1 and June 34. Sponsors must refer to the mast recently published+`advpted RCO polkcies and pr©cedures regarding reimbursement requirements. SECTION 18. ARVAM1EG~ PAYN1EtVTS Advance payments of ar in antic~patian of goods or services to be provided under this Agreement are limited to grants approved by the SRFk3 and must comply with SRFB policy. See WAC A2(1-12-[}6fl {5}. salmon Prajevt Agreerrsent - RCO #12-13850 Selman Funding Accounts Page 1 ~ of 17 Chapter 77.$5 RGW, Chapter 42a WAC f~ FtC7JAG~. RPT SECTkON "k 9. REC4JVt=RY AF PAYM~N75 In the event that the sponsor fails to expend funds under this Agreement in accardanae with state and federal laws, andlor the provisions of the Agreement, or meet its percentage of the project total, RC4 reserves the right to recover grant award funds in the amount equivalent to the extent of nancomptiance ir1 additsan to any other remedies awaiiable at @aw ar iin equity. The sponsor shall reimburse RCO for any overpayment or erroneous payments made under the Agreemenk, Repayment by the sponsor of such funds under this recovery provision shall acaur within 3g days of demand by RCO. Interest shall accrue at the rate of twelve percent {12°Ao} per annum from the tirr~e that payment becomes due and owing. SECTIt?N 2(Y. C(3VENANTACsAtNST CAN7INGENT PEES The sponsor warrants that no person or sailing. agen# has been er1Zp@oyed ar retained to solicit or secure this Agreement on an Agreement ar understanding for a Gomrnission, percentage, brokerage ar contingent fee, excepting bona fde employees or bane fkde established agents maintained by tine sponsor for the purpose of securing baseness, RGC4 sha11 have the right, ire the event of breach of this cause by the 5pansor, to terminate thrs Agreement without liability or, in its discretion, to deduct from the Agreement grant amount ar cansider`atian ar recover by other means the full amount of such commission, percentage, brokerage or contingent fee. S~CTt[3N 21. P4ZOYtStt7NS APPLYkNC TA t7EVELOPMENT, REd~OVATIC]N AND R~STC}RATtQN PROJECTS The following provisions shall be in fame only if fhe project desGritaed in this Agreement is far development, renovation and restoration of land or facilities far outdoor reGreatian, habitat consErVation, ar salmon recovery: q, ®aeument Review and Rpproval. The sponsor agrees to submi# one copy oT all development, renovation, restoration or construction plans. and specifications to RCC3 for review prier #o implementation. Review and approval by RCA will be for compliance with the terms of this Agreement. 8 Contracts far C?evelapment, Renovation or RestaratianpP yponspors must follow any applicable state andlor required federal procurement procedures. if such procedures do not a l , S onsor rnu5t fallow these minimurru procedures• (t } publish a notice to the public requesting hidslproposals far the project {2} specify in the notice the date for suttrnittal of bidslpropasals {3}speoify in the notice the general procedure and criteria for selection; ands (4) comply with the same legal standards regarding unlawful disGriminatian based upon rase, ethnicity, sex, arsax-orientation that are applicable to state agencies in selecting a bidder or proposer. This procedure creates no rights for the benefit of #hird parties, inGluding any proposers, and may not be enforced or subject to review of any kirkdGab ~ state andlor federa@ procedureshar the minum~proGedu e wheretheif drmer p oiGedures do 0 they have followed any app not apply. C. Contract Change Order. C1n9y 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 prier written approval. Ta. Control and Tenure. The sponsor must provide daGUmentation that shows appropriate tenure {land owner Rgreerrient, fang term geese Agreement easement, ar fee simple ownership} for the land proposed far development, renovation or restoration. The documentation must meet current RCA requirements. ~. NandisGrimination. ~xcePt where a nandisGrimination G'lause required by a federal funding agency is used, the sponsor shell insert the fo1@awing nondiscrimination clause in each contraot for construction of this project: °During fhe perlomaance of this cantracf, the Gor?fracfar agrees to cornpfy with alF (grferal aRd state rrorrdfsGrirrranatron laws, regudaPioras and pollcie5." F. Use of 'Best tVlanagement Practices. Project sponsors are encouraged to use best management practices developed as part of the Washington State Aquatic Habitat Guidelines {AhiG} Program. The best management practices are described in three documents: "Stream Habitat Restoration Guide@ines: Final Draft", ~[]C4; "t7esign of Road Culverts for'Fish Passage", 20C]3; stud °lntegrated Streambank Protect`son guidelines", 2{3Q2. These documents and other information can be found on the ANG wet~sile. S~GTION 22. PRUVtSht]NS APPLYING TG AC[~t11SiTkQN PRC1JftGTS The follavaing provisions s4aall be in farce only if the project described in this Agreement is for the acquisition of interest in rea4 property 4inGluding easements} far outdoor recreation, habitat canservatian, salmon recovery purposes, or farmland preservation: A Evidence of Land Vague. Before disbursement of funds by RCO as provided under this Agreement, the sponsor agrees to suPPIY documentation aGCeptable to RGO that the cast of the properly rights acquired has been established according to funding board policy. g Evidence of Tik9e. TFse sponsor agrees to provide documentation that shows the type of ownership interest far the property that has teen acquired. This shall be dune before any payment of financial assistance. C. Legal f~escript'san cf Real Property Rights Acquired. The legal description of fhe real property rights purchased wdith funding assistance provided khrough this projeGt,4greernent {and protected by a recorded. conveyance of rights to the State of Wash+ington} shall be incorporated into the Agreement before final payment. _ ~ ~ Salmon t=uriding Accounts Salmon Project Agreement - RCC) #i 2-t 38~C Page 12 ©r t7 Chapter 77.85 RCW, Chapter 42(t WAC PtiOJFaGR R@'T Conveyance of 'Rights to the State of Washington. Document securing long-term rights far the State of Washington. When real property rights {both fee simple anal lesser interests] are acquired, the sponsor agrees to execute an appropriate document conveying certain rights and responsibilities to BCC, an behalf of the State of Washington. These documents include a heed of Right, Assignment of Rlghts, Easements artdlor Leases. The sponsor agrees to use document language prouided by RGQ, to record the executed document in the County where the real property lies, and to provide a copy of the recorded document to RGC). The document required will vary depending on the project type, the real property rights lasing avquired and whetter or not those rights are being acquired in perpetuity. 1. peed of Right. The t3eed of Right conveys to the people of the state of Washington. the right to preserve,. protest, andfor use the property for public purposes consistent with the fund source Sponsors shall use this document when acquiring real property rights that include the underlying land. This document may also be applicable for those easements where the sponsar has acquired a perpetuak easement for public purposes. ~. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to RCC7. Sponsors shalV use this document when an easement or lease is being acquired far habitat conservation or salmon recovery purposes. The Assignment of 'Rights requires the signature of the underlying landowner and must be incorporated by reference in the easement document. 3, Easements and Leases. The sponsor may incorporate required language #rom the peed of Right orAssignrnent of Rights directly into the easement or lease document, thereby elimsnating the requirement for a separate document. Larfguage will depend on the situation; sponsar must obtain RCL] approval on the draft language prior to exevuting the easement or lease. A uisition and... 'Relocation Assistance . 3`teaV 3-roperty cq 1, lNhen federal funds are part of this Agreement, the Sponsor agrees to comply with the terms and conditions of the Uniform Re}ovation Assistance and 'Real Property Acquisition Policies Act of 197CI, 84 Sta#. 1894 X19703)--Public Law 91-64fi, as amended by the Surface Transportation and U'n°sfvrm iRelacation Assistance Act, PL t a(3-17-'3987, and applicable regulations and procedures of the federal agency implementing that Act. 2, +Jlfkgen state funds are part of this Agreement, the sponsor agrees to comply with the terms and conditions of the tJnifarm Relocation Assistance and Real Property Acquisition Policy of the State of Washingtan, Chapter 8.26.031 t3 RCW, and Chapter468-1 CY03 WAC. 3. Housing and Relocation. In the event that housing and relocation costs„ as required by federal law set out in subsection ('l ) shave andfor state law set out in subsection t2) above, are involved in the execution ofi this protect, the sponsor agrees to provide any housing and relacataon assistance required. F. Buildings and Structures. In general; grant funds are to be used #or outdoor recreation, habitat conservation, or salmon recovery. Sponsors agree to remove or demolish ineligible structures. Sponsors must consult RCO regarding compliance with section 9 -Archaeological and Cultural Resources before structures are removed ar demoCished. G. Archaeological and Cultural Resources. The sponsor agrees that any real property Interests acquired under this Agreement, iF to be subjevf to Band disturbing activities in the future, is subject to Governor's Executive Drder U5~D5 ar the h3atianal Preservation NistoricAct 4S. 1036}- The sponsar Further agrees that ground disturbing activity will not occur until RCC3 has 'been notified and detern~tines if a cultural resources review is needed 53=CTYC)N 23. RESTRICTION C}N C'ONVEftStflN c3F REAL FRC7PERT'C ANDlOR FACILITIES TCJ C}TFiER USES The sponsor shall not at any time convert any real propert~r or facility acquired, developed. andfor restored pursuant to this Agreement to uses ether than those purposes #or which funds were approved without prior approval of the funding board in compliance with applicable statutes, rules, and funding board policies. tt Vs the intent of the funding board's conuersian policy, current or as amended in the future, that all real property or lac€9ities acquired, developed andfor restored with funding assistance remain in the public domain In perpetuity unless otherwise identified in the Agreement or as approved by the funding board. t7etermination of whether a conversion has occurred shall be based upon applicable law and RCFt31SRF13 policies. When a conversion has been determined tv have occurred, the sponsor is required to remedy the conversion per established funding board policies. SECTIf}N 24. CONSTRUCTION, flPERATIdN, USE AND IYIAIf~3TENANCE OF ASSISTED PROJECTS Far acquisition, development, renovation and restoration projects, sponsors must ensure that properties or Facilities assisted with funding board funds, including undeveloped s'stes, ass built, operated, used, and maintained: p,, According to applicable federal, skate, and local laws and regulations, including public health standards and building codes. $. In a reasonably safe condition for the project's intended use. C. Throughout its. estimated ffe so as to prevent undue deterioration. p, In compliance with aV1 federal and state nondiscrimination laws, regulations and policies. Salmon Funding Accounts Salrnan Project Agreement - RCC7 #12-13850 Paget 3 of 1 ~ Chapter 77.85 RCIN', Chapter 42© WAC PRC3JAGR RPT For acquisition, development, renovation and restoration projects, facilities open and avicessible to the general public must: E. Be constructed and maintained to meet ar exceed the minimum requirerttents of the meld current local or state codes, Uniform 'Federal Accessibility Standards, guidelines, or rules. including but net limited ta: the International Building Code, the Americans v~ith Disabilities Act„ and the Architectural Farriers Act, as updated. F. Aapear attractive and inviting to the public except for brief installation, eonstruvtion, ar maintenance periods. G. Be available for use by the general public v,+ithout reservation at reasonable hears and times of the year, awarding to the type of area or facility, SECTION ~5. tNCOfUlE AN~t7 INCO4VIE USE p,_ income. 2. Carnpatible source. The saurae of any income generated in a funded project. ar project area must be vampatible with the funding source and the Agreement. Fees. User andlor other fees may lee aharged in vonnection with land acquired or facilities developed with funding board grants if the fees are consistent with the: {a} Value of any Service{s} furnished; {b} Value of any appartun~ties furnished; and {c} Prevailing eange of publia fees in the state for the activity involved. Arxcepted are Firearms and Archery Range Recreation Program safety classes {firearm andlar hun#er} for which a facilitylrange fee must net be charged {Chapter 79A.25.21 t} RC1N'}. fi, Interne use. Regardless of whether lracame or fees. in a project work site {including entrance, utility corridor permit, cattle grazing. timber harvesting, farming, etc.) are gained during ar after the reimbursement period cried in the Agreement, unless precluded by state or federal law, the revenue may only be used to offset: 3 . The sponsor's matvhing #unds; 2. The project"s total cast: 3. The expense of operation. maintenance, stewardship, monitoring, andlar repair of the facility ar program assisted by the funding aboard grant; 4. The expense of operation, maintenance, stewardship, monitoring, andlar repair of ether similar units In the sponsor's system; andfor ~,. Capital expenses far similar acquisition andlar development. SECTION 26. PRE.FERENC'1`S 'FOR Rt=SIt7ENT5 Sponsors sha1V net express a preference for users a6 grant assisted projects on the basis of residence {including preferential reservation, membershop, andlar permit systems} except that reasonable differences in admission and other fees may 6e maintained an the basis of residence. Even so, the funding beard discourages the imposition of dif€erential fees. !Fees far nonresidents must not exceed t"eviGe the fee impaled an residents. Where there is na fee far residents but a fee is charged to nonresidents, the nonresident fee shall rat exceed the amount that would be imposed an residents at comparable state or local public facilities. S'ECTIC]N 27. PROV45lONS IREtATEt] TU CORPORATE {tNCLUl~1PdG NUtJPRf3FIT} SPONSORS A corporate sponsor, including any nonprofit sponsor, shall: A. Nta~ntain vorgarate 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. 8. Notify RCO prier to corporate dissolution. Within 3Q days of dissolution the sponsor shall name a quail€ied successor that will agree rn writing to assume any on-going prajevt responsibilities. A quafitsed suwessar is any party eligible to apply far funds in the subjevt grant program and capable of complying with the terms and conditions of this Agreement RCC will process an amendment transferring the sponsors obligation to the qualified successor if requirements are met.. C. Sites ar facilities open to the public may net require exclusive use, {e.g., members only}. S£C74ON 28• LIA~ILtTY INSURANCE REQUIREMENTS FOR F9REARRVIS ANl7 ARCFtERY RANGE SPONSORS A. The sponsor of a firearms or archery range recreation prefect shall procure an endorsement, or ether addition, to liability insurance it may currently carry, ar shall procure a new policy at liability insurance, in a total coverage amount the sponsor deems adequate to ensure it will have resources to pay successful claims of persons who may be killed or injured. ar suffer damage to property, while present at the range [aci6ty to which this grant is related, yr by reason of being in the vicinity oC that facility: provided that the coverage shall be at least one million dollars {;St,DC30,tli3fl} for the death af, or injury ta, each person. B. The liability 4r~surance policy, including any endoov d b tthe adndinn board ar direcEorhingtan State, the funding board, and RCO as additional insured and shall be in a farm app y g Salmon FundingAvvaunts Salmon Project Agreement - RCO #t 2~t 3$SC Pare ~ , of 1 f Chapter 77.85 RCW, Chapter 420 vWAC PROJAGR. Rt'T C. The policy, endorsement ar other addition, ar a similar liability insurance policy meeting the requirements of this sevkion, shall be kept in force thraughaut the sponsors obligation to khe project as identified in this Agreement. D. The policy, as modified by any endorsement or other addition, shall provide that the issuing company shall give written notice to RCO not less than thirty {3D} calendar days in advance of any cancellation of the policy by the insurer, and within ten 410} calendar days following any kerminatian of the policy by the sponsor, F. The requirement of Subsection A through D above shall not apply if the sponsor is a federaC, state, yr municipal government which has established a program of sett-insurance ar a policy of self-insurance with respect to claims arising from its facilities or activities generally, including such facilities as firearms ar archery ranges, when the applicant declares and describes that program or pvlivy as a part of its appGcativn to the funding board. F. By this requirement, the funding board and F2C0 does not assume any duty to any individual person with respect to death, injury,. ar damage to prape~'J'~vhich that person may suffer while present at, ar in the vicinity of, the facility to which this grant relates. Any such person, ar any other persabe av ailabicab lawased on such death, injury, ar damage, must gook to the sponsor, ar others, for any and all remedies that may Y SEGTIQfJ 29• REQUIR>=NtiE6~TS OF THE NATtO'd~At_ PARK SERYCCE If the project has been approved by the National Park Service. t9S !t~epartment of the Interior, for funding assistance from the federal t.and and Water Conservation Fund (LWCF}, the "Project Agreement Genera! Provisions" in the LWCF State Assistance Program Federal Finanoial Assistance Manuaf are also made part of tfr~s Agreement. The sponsor shall abide by these LWCF General Provisions, in addition to this Agreement, as they now exist or are hereafter amended. Further, the sponsor agrees to provide RC{5 with reports ar documents needed to meet the requirements at the t,1NCF General Provisions. SECTIC4V 30. FARfiltt~ANi} faRESER11ATt~N AC~f3UNT Far projects funded through the Washington V'Jildtife and Recreation Program Farmland Preservation Account, the fallowing sections will not apply if covered separately ~n a recorded f~CO approved Agricultural Conservation Easement. Section 8 - Acknowledgement and Signs, . Section 1Q - Hazardous Substances, Section 14 =Stewardship and fNanitorkng Section ~2 - Provisions Applying tv Aoquisitian Projects, Sub-sections F and G. Section ~3 -Restriction an Conversion of Rea9 Property andlar FacilAties to Other'Uses„ and . Section 24 - Construction, Operation, Use and Maintenance of Assisted Prajeats, Sub-sections E, F, and G Section 25 - tnvome and 'Income Use SECTIQN 31. t7R'DER OF PRECE©Ef1CE 'this Rgreement is entered into,. pursuant to, and under the authority granted by applicable federal and state laws. The provisions at the Agreement shall be vanstrued tv conform fo those laws. In the event of an inconsistency in the terms of this Agreement, or 'between its terms and any applicahle statute, rule, or policy ar procedure, thr: inconsistency shall be resolved by giving prevedence in the fallowing order: A. Applicable federal andlvr state statutes, regulations, policies and procedures including RCOlfunding board policies and procedures, appticatale federal Office of Management and Budget {OMB} circulars and federal and state exevutive orders; S. Project agreement invluding attachments; C. Spec=al Cvnditians; D. Standard Terms and Cvnditians of the Project Agreement. SECTIC}N 32. ANlENt7MENTS Amendments to this Agreement shall be binding only if in writing and signed by personnel authorized to bind each of the parties except period of performance extensions and minor scope adjustments need only be signed by RCL?'s director or designee. SECTION 33. LtMITATtQ#~ OF ,AUTHf]RtT1` Only RGO or RCO`s delegate by writing {delegation to be made prior kv action} shall have the express, implked, yr apparent authority to alter„ amend, modify, or vaaive any clause ar vondition of this Agreement, Furthermore, any aiferation, amendment, modification, or waiver of any clause ar condition of this AgreemenE is not effective or binding unless made in writing and signed by RCO. SECTION 3A, N1A11lER OF ~1EFAt1LT 'Waiver of any default shall not be deemed to be a waiver of any subsequent default. Vtlaiver or breach of any provision of the Agreement shall not be deen'yed to tie a waiver of any other or subsequent breach and shat! not be construed tv be a modification of the terms of the Agreement unless stated to be such in writing, signed by the director, ar the director's designee, and attached to the original Agreement. SECTION 3a, APPLICATIi]N REPRESENTATYONa •- IVItSREPRESEt~TATIONS OR I~fACCURACY OR BREACH Salmon Funding Accounts 5a1mon Project Agreement - RC© #12-13850 gage t 5 of ~ ,~ Chapter 77.85 RCW, Chapter 420 WAC P RO,SA4~R RPT The funding board and RCC7 rely an the sponsor's application in making its determinations as to eligibility tar, selection for, and scope af, funding grants. Any misrepresentation, error or inaccuracy €n any part of the application may be deemed a breach of this Agreement. SECTIQN 36. 5P1:ClFlC pERFt)RMANCE The funding board and RCC] may enforce this Agreement by the remedy of specific performance, which usually wile mean completion of the project as described in th'ss Agreemenk. However, the remedy of speci~~e performance shall not be the sole or exclusive remedy available to RCC]. No remedy available to the funding kaaard or RC{) shalk be deemed exclusive. The funding board or RCO may elect to exercise any, a comlainativn of, or all of the remedies available to it under this Agreement, or under any provision of Saw, cornman law, or equity. SECTIDN 37. TEfiN'IIIJATION The funding beard and R0C} will require strut compliance by the sponsor with ail the terms of this Agreement including, but not limited ta, the requirements of the applicable statutes. rules and all funding board and RCO policies, and with the representations of the sponsor in its application for a grant as finally approved by the funding board A• For Cause. The funding board or the director may suspend or terminate the obligation to provide funding to the sponsor under this Agreement: i. In the event of any breach 4ay the sponsor of any of the sponsor's ahligation5 under this Agreement; or ii, if the sponsor falls to make progress satisfactory fa the funding board.. or director toward completion of .the project by the completion date set out in this Agreement. 9ncluded in progress is adherence to milestones and other defined deadlines In the event this Agreement is terr'ninated by the #unding hoard or director, under this section or any other section after any portion of the grant amount has been paid to the sponsor under this Agreement, the funding tsoard ar director may require that any amount paidi be repaid to RCC] far redepasit into the account frarn whkeh the funds were derived. B. Non Availability of Funds. The obligation of the RCC_3 to make payments is contingent an 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 hat appropriated to RCC7 far expend'sture for this Agreement in any biennial fiscal period, R0t0 shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the f}ffice of Financial Management occurs. If RCO participation is suspended under this section for a continuous period of one year, RCE3's oBligation to provide any future funding under this Agreement shall terminate.. Termination of the Agreement under this section ~s not subject to appeal by the sponsor. C. Far Convenience. Except as otherwise provided in this Agreement, RCO may, by ten {1 (]} days written notice, beginning on the second day after the mailing, terminate this Agreement, in whale or in part. if this Agreement is so terminated, RCQ shall l?e liable only for payment required under the terms of this Agreement for services rendered or goads delivered prior to the effeckive date of termination. SECTION 3s. C]l5t'UTE t~srARtNG Except as may otherwise tae provided in this Agreement, when a dispute arises behween the sponsor and the funding board, which cannot be resolved, either party may request a dispute hearing according to the process set out in this section. Either party's request for a dispute hearing must be in writing and clearly state; A. The disputed issues; l3. The relative positions of the parties; 0. The spansa~s name, address, project title, and the assigned project number. In order far this section to apply to the resolution of any specifc dispute ar disputes, the other party must agree in writing that the procedure under this section shall lac used to resakve those specific issues. The dispute shall be heard by a panel of three persons consisting of one person chosen by the sponsor, one person chosen by the director, and a third person chosen by the two persons initially appointed. if a third person cannot be agreed on, the third person shall be chosen by the funding board's chair. Any hearing under this section shall be informal, with the specific processes to be determined by the disputes panel according to the nafure and complexity of the issues involved. The process may lac solely based on written material if the parties so agree. The disputes panel shall be governed by the provisions of this Agreement in deciding the disputes. The parties shall be bound by the decision of the disputes panel, unless the remedy directed by that panel shall be without the authority of either or both parties to perform, as necESSary, or is otherwise unlawful. Request for a disputes 'hearing under this section by either early shall be delivered ar mailed to the ether party. The request shall be delivered or mailed within thirty {301 days of the date the requesting party has. received notice of the action or position of the ether party which it wishes to dispute. The written Agreement to use the process under this section far resolution of those issues shall be delivered ar mailed by the receiving party to the requesting party within thirty (30) days of receipt by the receiving party of the request. All casts associated with the impternentation of this process shall be shared equally by the parties Selman Funding Accounts Salmon Froject,4greemenk - RC4 #12-13850 Pace ,5 of ''7 Chapter 77.85 ROVV, Chapter ~23'JVAC P r20JAGR. RPT S~CTIGN 39. ATTC)Rh€1=YS` FE~^~ 1n the event of litigation ar other actlan brought to enforce vontract terms, each party agrees to bear its awn attorney fees and casts. st=G7gON 40. G~DVEF~N3~Ca LAWNEAfiLpE This Agreement shalq be construed and interpreted in accordance with the laws of the State of Washington. qn the event of a lawsuit involving this Agreement, venue shat! be in Thurston County Superior Court if legalgy proper; otherwise venue shall be in a county where the project is situated. The sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the Slate t~f Washington. In the :,saes where this Agreement is between the funding board and a federally recognized Indian Tribe, the fallowing governing lawfvenue applies: +~. Natw+thstanding the above venue provision, if the State of Washington intends to initiate a Yawsuit against a federally recagnixed gndian tribe relating to the performance. breach or enforcement of this Agreement, it shall sv notify the Tribe. tf the Tribe believes that a good, faith basis exists far subject matter jurisd`€ctivn of such a lawsuit in federa9 court., the Tribe shall so notify the State within five days of recegpt of such notice and state 4ha bases far such jurisdiction, If the Tribe so notifies the State, the State shall bring such gawsuit in federaq court; otherwise the State may sue the Tribe in the Thurston County Superior Court. interpretation of the Agreement shalq be according to applicable State law, excepf to the extent preempted by federaC or tribal law. !n the event suit is brought in federaq court and the federaq aaurt determines that it lacks subject matter jurisdvtYon to resolve the dispute between the State and Tribal Party, then the parties agree to venue in Thurston County Superior Court.. B. Any judicial award, determination, order., deceee or other regief, whether in law or equity ar otherwise, resulting from such a lawsuit shall be binding and enforceabge on the parties. Any money judgment or award against a Tribe, tribal officers and members, ar the State of Washington and its offivers and empgayees may exceed the amount provided for in Section F- Project Funding of the Agreerruent in order to satisfy the judgment. C. The Tribe hereby waives its sovereign immunity to Segal actions as may be brought pursuaan4 tv this sectgan, and to the enforcement of any judgment oo ~ saunh ass~l nee of the harties~tn an~ enfarceme t afction~ the parties~shagl beaar'iheir own enforceable by any third party y Y g p Y enforcement costs,. incquding attameys' fees. SECTYi]i+t d't. SEVEFi~4~9UTY The provisions of thus Agreement are intended to be severable. if any term yr provision is Yglegaq or invagid far any reason whatsoever, such YYgegality or invalidity shaYt not affect the validity of the remainder of the Agreement. - Sagmon Funding Accounts Sa6man Project Agreement - RCO #92-1385C ~a~e ~~ cr ~~ Chapter 77.85 RCW, Chapter 42€a WAC PRC3.1,4GR RP7 i=ligible Scope Actiuii*ies Project Sporssor: .iefi#erson Coursty Project Title: gosewallips and t.]uckabush Acquisitions 2Q12 Program: Salmon State Projects Project Metrics 'Project Acquisition Project acres by purpose type: F~abitat Conservation Acquisition Metrics Project 111'urnber: 12-13$5 Project Type: Acquisition & Restoration I~pprorra I: 1 21512 0 1 2 23.15 Property: Serntsen - Pvetter {V11'~rksite #~, pl,~ckaau~h Pawerljnes) Real Property Acquisition. t.and Acres by Acreage Type (fee simple}: iJp[ands Wetiands riparian existing Structures on site: Clean up of hazardr~us substances required ~yeslno}: Incidentals Standard Incidentals 'Qemolitio~;1 Buildings l structures to be derr~olished: Stewardsiaip plan Acres included in the stewardship plan: Sunray{Acq} .,Acres to be surveyed: Adrninistrati+re Costs ~Acgy Ac#rninistrative posts (Acq} 1fl.90 2.50 $.50 Structures to be demolished No IVo structures to tae demolished however there is a tool shed, well and on-site septic system to be removed or decommissioned and sorr~e general clean up to do. 21.90 21.90 Property: Ft~ftvn - MATC~V PRC~PI=RTY ~~~Y ~'WV'vrksite 2, Dosewal~~ps Pawer~ine Reacl Real Property Acquisition ;~asernent Pasement type : Flabitat Conservation Acres by Acreage Type easement}: Riparian 0.30 Clean up of hazardous substances is required {yeslno}: iJn Property: Lar~nn ~ ~IfATC~I P'`RC]PERTY ~QNLY (ll~'arksite #2, Qvsewallips Powerljne Rear Real Property Acquisition t*asement Easement type : i-iabitat Conservation Acres by Acreage Type ~easerr~ent}: f2iparian 0.95 Clean up of ha~ardaus substances is required tyesfno}: No Restoration Metrics _ - EL4Gr2EYfV~ Rr'°r Aprik $. 2D'k 3 Page: Eligible Scope Ac#ivities VNo~ksi~e #'l, Duckabus~~ Powerlines Targeted salmanid ESIJIDPS: Targeted species ~nan-E5L9 speciesy: f'raject identified i}n a Plan ter L~'Vatershed Assessment: Type rJf lVlanitaring: Riparian. Habitat F'rajeet Total Riparian Miles Streambank Treated: Tatai Riparian Acres Treated: Planting Acres Planted in riparian: Mlles of strearnfaank planted Riparian Plant reme~val 1 central Acres of ripariar+ treated far plant remavailcantral: Miles of streambank treated far plant remavallcantral: Lapland Habitat And Sediment f~roject Cubic yards of sediment prevented: Acres of l3'pland Habitat Area Treated: Miles of Read Treated: Uplands vegetatinn martiagernerat Acres Treated for upland vegetation management: Genera# restaration activities Restoratipn fencing and gates 1Vumber of dates: Linear feet of fencing: f~estoratian signs Number of signs installed: Traffic central Cultural resources Cultural resources Permits Qbtain permits Architectural & lrngineerir~g Architectural ~ fangineering (~~~) Vl~vrksite #2, Dasewallips Pawerlirle leach Chinaak Selman-Puget Sound EStJ, Chum Salmon-Hood Canal Summer run ~>aSU, Cahn Selman-Puget SaundlStrait of Georgia EStJ, Pink Salmon-4~dd year ~FS4J, Steelhead-Puget Sound BPS Llnknawn Washingtan C7epartment of Fish & Wildlife and Paint 1Va Paint Treaty Tripes, 2[7{35, Shared Strategy far Selman Recovery -Mid Hood Canal Chinaak Recavery Planning Chapter http:llw~v+rw. sharedsal manstrategy. orglpla nlvod2.htm p.'i 143. !Wane 43.54D 15.43 15.[l (3.21 15.Q 43.21 [3 ~. f3 ~.Q[3 ~.~ 2 1 {343 2 April E3, 2013 page; ELIG~iLlM.RI'T EGigik~l~ scope Activi#ies Targeted salmenld ESUIDPS: Targeted species (non-ESU s;peGies} Pro}ect Identified In a Plan. or Watershed Assessment: Type C7f Monitoring: Chinook Salmon-Puget Sound ESU, Chum Salmon-Hood Canal Summer-run ESU, Coho Salmon-Puget SoUrldlStrait of Georgia ESU, Pink Salmon-~Ddd year ESU, Steelhead-Puget Sound dPS Unknown Item 2Q of Appendix C1 of t'he Mid Hood Canal Chinook Recovery Planning Chapter of the Shared Strategy for Puget Sound for the E7osewailips River lists "Purchase remaining pr©perty in powerlines reach." done E~IGR~EIM.R~'Y Aprif 8, 2C1'l3 Page: Legal []escriptcrn Project Sponsar: Jeffierson Jaunty Project Title; Dasewallips and lauckab~ash Aasluisitians 201 ~ VIlorksite Name Property ~1an'ie Lega9 Dascriptiaro Vllorksite #1 Ducica'b~sh Powerilnes Berntsen - Paetter Waricsite #2 DasewalFips Powerine Reach 1=r~ltan - Pkt1ATCl~ PR~PRRTY QNLY Larson - MATDH PROPERTY ONLY Project Number: 121385 C RCO ApPrflaal: 12lQ512U12 April 1, 2p13 Page 3 ~F~A~.osc.~~~ C11q~lesfc~rle React By !Project Pro;ect t+aurnber: Project dame; SponsorF F~roject Manager; 12-1385 C l7osewailips and Duc~abush,Acq~aisitic~r~s 2012 defferson Oc~unty of Miice Ramsey ~ Proyect Start Order Appraisal(s) ~ Progress Report Submitted s Order AppraisaM1 Review{s} t Annual Project Billing ~ Purchase Agreement Signed Envronrnentab Assess Complete ~ Act;u'ssition Closing t ,gppM1led far permits ~ Progress Report Sukrm4tted Recorded Acq 17acuments to RGO t Preliminary Design to RCO t Cutfural Resources Complete Permits Carrsplete Restoration Started Sid AwardedlContractor Hired t Progress Repor# Submitted ~ Annual Pro;ect Billing Fencinc} Complete Demolition Complete ~, ,Progress Reporf Submitted t Progress Report Submitted ~ Annual Project Billing i Progress Reporf Submitted Noxious 19Veed Control Completa Funding ,gol<nowl Sign Posted RCO Final Inspection Restoration Complete 1210Fif 2012 04f 01 f2fl 13 O~i13012013 07f 01 (2013 0713112013 09l0112Q13 10101!2013 11101 f 2013 11 !0112013 11130!2013 0111'51201 01131 !2014 0410112014 04101/2014 04101!2014 07101/2014 0711 5120 1 4 07131 !2014 1 0101 1201 4 1110112014 11f30f2014 07115!2015 07131 120 1 5 11130:12015 1 2101 1201 5 12101 f2015 1210112015 12!01 !201 ~ Planting plan site prep and noxious weed removal Planting complete with maintenance into Spring. a t April Q1, 2013 Page. 1 tMiL~STE7.RPT Miiest©r~e Report 8y Prcaj~ect X ~ tVii9estane Complete =Critical Milestone Apa`i4 01, 2013 E'a~e: 1MIleESTO.RPT