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~k~c'3~ ~EF1=ER5~]IV ~C]UNTY PUBLIC H~ALTI-I ~y ~'"~;~ 515 Sheridan Street • Post Townsend • Washington • 98368 5~'"'`'~ www.jeffersancountypuhlichealth.org Regular Agenda ]E~FERSt]N C~3UNTY !~~hllt~ +~~ ~C[~UNTY C{)~MM~SS~C3NERS AGiEN~a REQUEST TU: Board of County Comrroissioners Philip Morley, County Administrator ~RDM: fiarni Pokorny, Environmental V~ealth Specialist II ~ATVE: ~-t~~ r, ! ~~, , Wit? I ~, ~lJ~~IEC'C: Agenda VReq;t~~st: Project Agreement -Quilcene Acquisitions ~a12 RCa #12-1~84C - $~Q7,g0B,OB, STAB- V~IVEVV~" ~QF ~SSU EnvironmentaV Health requests Board a,ppraval of Salmon Recovery V=ending Beard Grant Agreement RC© #1~-13840 to permanently protect and restore floodplain habitat near the Big Quilcene River. HAVLY'SI ~" TE ~ `The Quilcene Acquisitions ~~11.2 Project would fund the fee-simple acquisition of up to three parceVs {Bergeson and' Newman} totaling 2.1 acres of fioodplain habitat for flee purpose of salmon recovery. This project was ranked #3 of 10 projects approved in 24~1~ by the V-1ood Canal Coordinating County Lead i=ntity and the state`s salmon Recovery Funding Board {SFtF6}. Matching funds will be provided by a portion of the value of a floadplain property {Larson} previously acquired 'by the county on the share of the I~osewallips RVver using Secure Rural Schools Title I1i< funds. Recreation and Conservation office {RCC7} Grant #12-13840 also provides funds to demolish structures, treat invasive species and restore native vegetation in an area considered essentiaV to Iong-term restoration goals f©r the Big Quilcene River and its estuary. The three parcels are located within the high-risk channel migration zone adjacent to, or nearby, many other floodplain properties acquired through the efforts of JefFerson County Public Works V7epartment and conservation organizations such as the Hood Canal Salmon Enhancement Group and Jefferson Land Trust. The RCt3 grant provides for stewardship of the properties through June of ~a16 as well as signage. At that point the new p'Vantings should be well-established. Beyond that date, stewardship will be conducted consistent with the neighboring county-owned parcels until such time as an overarching restoration. plan for the lower lag Quilcene D~UELOpIVIENTALLQISARILITIES ~`~~~~~., "~~~~~~ ENVIRONMENTAL HEALTH ,;1 ELY ;'i j UvATER QUALITY MAIN: 36(}385-94DQ ~ , ; ~,' ~; ~ MAIN: 36[}389444 FAX: 3601385-94{1 HEALTHIER COMMUNITY FAX: 36Q379-44$~ River is approved and funded. Local community groups and conservation organizations will be asked to partner with. the county to help ensure that the praperi*ies are maintained in a natural state. ~mpraved estuarine and riparian function of the Big Quilcene River is contingent upon the continued, long-term commitment to the acquisition of key parcels within the channel migration Zane. G~ltimateiy, the proposed acquisitions will contribute to the restored hydrology and sediment transport of the river and improve the survival of juvenile salmon. litEVIEliV1E® BY• F~S~ AL, IiNiIP The fatal project cost far the Quilcene Acquisitions 2€12 Project RGO X12-13840 is $257,9~g.aQ. Ail of the cash necessary to complete the project ~$2Q7,9fl~}} will be provided by the SRFB. ~e source of the match of 19.38°/~ (~5Q,0{~4} is being provided by a portion of the value of the farmer'i,arson property. There is na impact the county`s General i°urad from this agreement. ~tE~Q'I~IM ~h~a~ITI~Q~ JCPFI management request approval of project agreement, Quilcene Acquisitions 2012 R~© #1~-13840, December fi, 2~11Z -June 3g, 2t]16; $207.94} ~? ,; Philip lNarl , C unty Adminis tar Date ~~ ~, . COMMWNITY HEALTH pU~LIC HEALTH EhJVIRC]NMENTAL HEALTH DEwELaPMENTAL DISABILITIES r.~d~~ WATER QUALITY MAIN: 361~3$~94ca HEALTHIER COMMUNITY MAIN: 36a}38~-9444 FAX: 3~6D385~9401 FAX: 36t}379-4487 '^~ WAS~l Ir~AGd©N SFATE Recreatie~n and COf7selv~tjon Office Salmon Project Agreement Salmon ~'undiing ,Accounts Projeet Sponsor: Jeff~rssn Ccaurtty Project Number; 12-13$40 Project Title: Quilcane Acquisit~ans 20712 Approval Date: 1 21512 07 1 2 p, PARTIES [7F TFtE AGREEIN~NT This project grant Agreement (Agreemenk} ds entered iota between the State of Washington by and through the Satmon Recovery Funding Board {SRFB} and the Recreation and Conservafion Office, W.O. f3ox 40917, Olympia Washingtan J8504-0997 and Jefferson County [sponsor), PD Box 1220, Port Townsend, WA 98368 and shall kae bind"ong an the agen#s and all persons acting by or through the parties. l3. Pt1RP4SE of AGREEfIiIENT ThisAgreennent sets out the terms and vonditions by which a grant is made from the Salmon l"unding Accounts of the Slate of Washingtan, The grant os administeredi by the Recreation and Conservation Offace {RGO) fa the sponsor for the project named above. C. F]ES~RIPTIQN t!F PRCIJECT Jefferson County intends to avquire, fee simple, up to three paresis totalling 2.1 ayes and demolish structures, #reat invasive species and restore native vegetation in an area cc+nsidered essentlao to long-term restoration goals tar the Bog Quifcene River and es#uary. The parcels, owned by tNe. Bergeson and ivewman, are Rocated within the historic high-risk channel migration zone adjacent to properties prevuously acquired in by Jefferson County. The proper#fes are identifiied in the Puget Sound lVearshore Ecosystem Restoration Project Finao Conceptual pesogn Report {PSl^fERP INarch 2031 Chapter 3J far restaratian measures to improve the integrity and resiti+ence of the nearshare ecosystem of Flood Canal. This project is also intended to complement the FfCSEG f3ig Qullcene k7elta Acquisition Wraject funded by the SRFf3 in 2091. The ud~timate goal os fo support high quality riparian habitat foe Mavd Canal Summer Churn by returning dtsturkred lands to healthy riparoan forest as part of an activated floodplain and channeo migration zone. p. PEI'tldD QF Pk=ftFC7t`tMANGE The project reimbursement period shall begin an ©ecetnber 6, 2012 and end on June 30, 2016. tJo expenditure made before or afker this period is eligib~ for reimbursement unless incorporated by written amendment onto thus Agreement or specifioaloy provided for by RCFt3 andlor SRPB polocy+ or WAC. Requests far 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 lime extension wikt be denied. The sponsor has otatlgations beyond this period of performance as described in Section E. E, f)N-~t)ING ~t3t<IGATI[?N The Project Sponsar"s on-going obligation for the above projs:vt funded under this Agreement is to provide stewardship and maintenanve of the site or facility to serve the purpose for which it was untended in perpetuity unless otherwise identified iin this Agreement. PRfl3ECT F41N[7lNG The totaR grant award provided by the funding beard for this project shall not exceed 5207,900.flfl. The funding hoard shall oat pay any amount beyond that approved for grant funding of the project and within the funding beard's percentage as identified below. The sponsor shall be responsible for all total project costs that exceed this amount. The contributoan fay the sponsor toward wank on thus project at a minimum shaft be as indivated below: &RFB -Salmon State Projects Project Sponsor Percentage 80.8'1 °lo 19.ss~r© dollar Amount $207,90C1.0E7 $50,OOflA0 Total Project Gost 100.00°/© $257,900.Ofl 8almvn Wroject Agreement - RCO #12r1384C Salmon Funding Accounts Chapter 77.85 RCW, Chapter 420 WAC Page 1 af'P7 PRO~]AGP.'PPT G. RIGHTS AN't7 QBt.1GATkl7PIS All rights and abBigations of the parties to this Agreement are subject to this Agreement and its attachments, as now existing ar hereafter amended, including the sponsor's application, eligible scope activities, ,project milestones, and the Standard Terms and Conditions of the project Agreement, al'I of which are incorporated herein. Except as provided herein, na amendmentrdele#ians of any of the terms or conditions of this Agreement will be effective unless provided ira writing. A!I such amendmentldeletions rroust be signed by both parties except the RCU director may unllateral~Ey make amendments to extend the period of performance. Period of performance extensions need only be signed by RCa's director or designee. H, ~~~kPLt,4NCE WkTH ApPL1CAl3t.ke SifATUTES, RULES, AIVF~ RCF8-SKEW PQI.ICIES This agreement is governed hy, and the sponsor shall comply with, all applicable state and federal laws and regulations, including Chapter 77.85 RCW, Chapter 42(] WAC, and published agency policies, which are incorporated herein by this reference as if fully set forth. I. SPECIAL CONE1tT1C3NS None J. FEDERAL FUNt7 INFQRN'1AT30N {Wane) y{, PRf}JECT GRANT AGREEtNENT RE~'RESENTATkVE All written communications and notices under this Agreement wiEl he addressed and sent to at least the mail address ^r the email address listed below if not batlt: F?rviect~^. Co~ ntact SftFB game: TamE Pokorny Recreation and Conservation C3ffice Title: Natural Resources Specialist Natural Resources Building Address: 615 Sheridan St PC] f3ax 4DJ17 Port Townsend, WA 9838 pEyrnpia. Washington 98544-0917 Email: tpakorny~a co.jeffersan.wa.us These addresses shall be effective until receipt by one party from the other of a written notice of any change. L, ENTIRE AGREE1VlENT This Agreement, with ail amendments and attachments, constitutes the entire Agreement of the parties. Nv other understandings, ora[ or otherwise. regarding this Agreement shalB exist or hind any of the parties. M. 1=FFECTkVE C]ATE This Agreement, tar project 12-13840, shall be subject to the written approval of the RCC's authorized representative and shall not be effective and binding until. executed by both the Sponsor and the RC~'1. Reimbursements far eligible and a1towable costs incurred within fhe period of performance identified in Section t7 abtave are olio+r~ed only when this Agreement is fu13y executed and. an oris~inal is received by RCQ. Salmon Project Agreement ° RCa #72-13840 Salmon Funding Accounts C4~apter 77.85 RC1N, Chapter 420 VV'AC Page 2 or ? 7 PRC~s~GR. taP~ The sponsorls has read, fully understands, and agrees to be hound fay a!! terms and conditions as set forth in this Agraement,''~he signatars listed below represent and warrant their authorit3r to bind the parties to this Agreement. Jefferson Cauraty By: Name: (printed] 't'itle. State of Washingt6n ^n q~half of the Satmon Recovery Furetting Board (SF2Ft3) By: Kaleen Co#tingham purector pre approved as to farm: gy; !sl Assistant Attorney Genera! ~3I1~~': ~, ~~ ~' ~ ;~ 4" v ~ ~ ° e -'u~'4 7 b ~ Salmon Pra;ect Agreement - R~C3 #12~13;34C Gfisapter X7.85 RCW, Cha~tec G20 1NAG PRC~JAGft. RP7 pate-, .-. pate: June 27, 2(111 Salmon Funding Accounts Page :i GT Standard fierms and Gorkditivns v~ thle F'rt~ject A~reemen# Tahle of Contents SECTION 1. CITATIONS, HEADINGS AND DI=FINITiON5 ............................................................ SECTION 2. PERFORMANCE BY fiFiE ........................................ SECTION 3. ASSIGNtVII~NT .................................................................................................... SECTION 4. RESPON5181LITY FOR P ..................... .. ..... SECTION 5. 1NDEMNIF1GATkON ............................................................................................. SECTION 6. IN'D1wPENDET3T CA'FAGITY OF Tk•4E SPONSOR ....................................................... SECTION 7, CONFLICT DF INTERI~ST .................................................................................... SECTICJN s. AcI<NO4"VL.EDGMENT AN .................. SECTION 9. COMPLIANCE WITH APPLICABLE k.AW ............................................................... SECTION 1D. HAZARDO£.k5 SUBSTANCES ............................................................................... SECTION 11. RECORDS ......................................................................................................... SECTION 1~. TREATMENT OF ASSE ....................................... SECTION 13. RIGHT OF INSPECTION ....................................................................................... SECTION 14. STEWARDSHIP AND MONIT ........................... SECTION 15. DEBARMENT CERTIFICAT]C]N ............................................................................. sECTIDN 1s. 17Rt3JECT' FUNDING ........................................................................................... 5ECTION 1T. PROJECT REIMBURSEMENTS .........................................•••••~--~--....,....,........,..,.. SECTION 18, ADVANCE PAYMENTS ....................................................................................... SECTION 1 ~. RECOVERY OF PAYMENTS ................................................................................ SECTION 2~Q. CONVENANT AGAkNST CONTINGEN ..................... . SECTION 2.1 • PROVISIONS APPLYING TO OEYEL4PMENT, RENOVATION AND RI~S~'ORATkON PftO.iECTS ...... SECTION 22. ........................ PROVISIONS APpk.YkNG TO ACQUISITION PRO3ECTS .......................................... SECTION 23. RESTRICTiD[J DN CONVERSION DF REAL PROPERTY AND(OR FACkLITIES TO OTHER USES ......... ..................................................... SECTION 24. CDNSTRI3CTION, DPI=RATION, USI=AND MAINTENANCE OF ASSISTED PRO.IECTS .................................................................................. S9mCTkON 25. INCOME AND INCOME ............................... ,.....,... SECTION 26. PREFERENCES I=OR RESIDEN ........................... Salmon Project Agreernerbt - RCD # ~ Z-13840 Chapter 77.85 RGW, Chapter A2~ Lh'AC PRCIJAGR RPl` ~ag~ B 8 8 S 8 8 8 9 1 k7 11] 10 1q 1C 11 11 ~~ ~1 12 12 12 12 13 13 14 14 Salmon Fa~ncling Accounts P~~~ ~ of 17 PF:OVISIONS RELATED TL3 CORPORATE (IMCLUCINCS NONPROFIT) SECTION 27, 14 SP~NSOItS ........ ....... ITY INSURANCE ftEQUIRN~ENT5 FOR FIREARINS IA~II 9 SECTION 28. . T AND AfiCFIERY RANGE SPONSORS,......,..,._ .............................................. ...... 14 SECTION 29. . REGIU9I~ENlENTS OF TFiE t~'ATIONAL PARK SERVICE ............................................ 15 SECTION 30. .............................. FARMLANq PF2ESERVATIC3N ACCOUNT .............................. . 15 SECTIDN 31. ORDER OF PRECEDENCE ........................................,........................,...,............ 15 SECTION 32. AMEN014'IENTS ................................................................................................. 15 SECTION 33. LIMITATIC)N QF AUTHQRITY .......................,..,.......,..,..................,....,................. 15 SECTION 34, WAIVER OF DEFAULT ....................................................................................... 15 SECTION 35. APPLICATION REpRIsSENTATIONS -N9ISREPRESEN7ATIONS OR INACCURACY OR 13REACN .......................................................................... 15 SECTION 36. SPECIFIC PERFORI~+iANCE ................................................................................ 15 SECTION 3T. TERh111NAT1flN ................................................................................................. 16 SECTION 38. DISPUTE IiEARING .......................................................................................... 16 SECTION 38. ATTORNEYS' FEES .......................................................................................... 17 SECTION 4Q. GC?VERNIMO LA'WNENUE ................................................................................. 17 SECTION b1. SEVEi3ASI'LITY ................................................................................................ 17 5alrnon Praject Agreement - RCO #12-138AC Salmon Funding Accounts P~g~ 5 aI 17 Chapter 77.85 RCW. Chapter a2fl YVAC Pr~C~JAG~i. RP7 ~. 't+~~ASHiTiG TL7N STATE f~ecreatiorr artd 5tar~d~rd Terms ar~d Gottc~'iti~ns (_OC15Ptklr~~lOCI Q{~ICe c~~ the Project Agreement IPrcaject Number: 12-13$40 Project Spprasor: ,Jefferson County Quilcene Acquisitions 2[712 Approval I?ate. 1215}2012 Pro}ect Title'. SECTidN '!. CITATIONS, iiEADINCS ANT} DE1=1NIT6QN5 ,q, Any citations referencing specific documents refer fo the current versipn at the date of project,Agreement andlcsr any revisions in the future. B. headings used in this Agreement are For reference purposes only and shall not tie considered a substantive part of this Agreement. Salmon l=ending Accounts Salmon Project Agreerrsertt - RCO #12-t384C Pale 6 of 1 ~ Chapter 77.85 t~CUV. Chapter42~ WAC PRf}JAGR.RPT Definitions. As used throughout this Agreement, the following terms shall have the meaning set forth below: acquisition -The purchase flf fee or less than fee interests in real property. These interests include, but are not limited to, options, right of first refusal, conservation easements, accessP#rail easements, covenants., water rights, leases, and mineral rights. Agreement -The accord accepted by aEl parties to the present #ransaction; #his Agreement, any supplemen#al Agreements, any amendments to thin Agreement and any 9ntergovernmental Agreemen#s. appfiaant -Any agency or organization tha# mee#s the qualifying s#andards, including deadlines, far submission of an application soliciting a grant of farads frarn the funding '3oard. appkication -The documents and other materials that an applicant submi#s to the RCC3 to support the applicant's request for grant funds; this dncludes materials required for the "Application" in the RCCS's automated project iinfvrmat9on sys#em, and other documents as noted on the application checklist includ'ung but not limited to legal opinions, evaluation presentations and scripts. asset - Rquiprnent purchased 6y the sponsor or acquired or transferred tv the sponsor for the purpose of this Agreement. This definition is restricted to non-fixed assets, including but not limited #v vehicles, computers or machinery. cogr«Izant or oversight agency -Federal agency responsible for ensuring compliance with federal audit requirements. contractor ~ Shall mean one not in the employment of the sponsor who is performing all yr part of the eligible activities for this project under a separate Agreement with the sponsor. The term "contractor' and "contractors" means contractor{s} in any tier. secondary sponsor -one of #wo or more eligible organizations tha# sponsors agrant-funded project.. Cif these two sponsors, only one -the primary sponsor -may be the fiscal agent. development -The consiructian of or work resulting in new elements., including bu# not limited to structures, facilities, andfor materials to enhance outdoor recreation, salmon recovery or habitat conservation resources. director -She chief executive officer of the Recreation and Conservation {?ffioe or that person's designee. elements, items and worktypes -Components of the funded project as provided in the project desorption. funding board -The board #hat authorized the funds in this Agreement, either the Recreation and Conservation Funding Board {RCFB) crew#ed under chapter 79A.25.'i10 RCW, or the Salmon Recovery Funding Board (BREW) created under chap#er 77.85. ~ 1 Q RCV'~. grantee -The organizational entity or individual to which a grant [or eoaperative agreement) is awarded and signatory to the Agreement which is responsible and accountable tooth for the use of the funds provided and far the performance of the grant-supported project or activities. landowner agreement - A landowner agreement is required be#vresn a 5RF8 project sponsor and landowner for pro}ects 6oca#ed on land not owned.. or otherwise controlled, by the sponsor. lower tier participant -refers to any sponsor receiving a federal grant through 'fiCC3. Lower tier participants also refer to any gran#ee, suhgrantee, or contractor of any grantee or subgran#ee tram the original sponsor funded by RCCY. mitestone - An imporkant even# with a deEned deadline for an activity related to implementation of a funded prvjec#. perivat of performance -The #ime period specified in the Agreement, under Section l7, period of performance. project -The undertaking that is the subject of #his Agreement and that is, ar may be, funded in u+hole or in park with funds administered' by RGC~ on behalf of the funding board, RCC7 _ Recreation and. Canservatmon Offgce -The state office that provides administrative support to the Recreation and Conserve#ion Funding Board and Selman Recovery Funding Board. RCC includes the director and staff, created by Chapters 79A,25,f "I0 and 79A25.t 5[} RC'u~! and charged with administering this Agreement fay Chapters 77.85.110 and 79A.25.2~Q RCVV. reimbursement -Payment of eligible and allowable costs that have already been paid by the sponsor per the terms of the Agreernen#. renavatlnn - The activities intended to improve an axis#ing site or structure in order to increase i#s service life or functions. This does not include maintenance activities. restoration -Bringing a site back to its original function as part of a natural ecosystem or improving the ecological funs#ionality of a site. sponsnr -The eligible applicant who has been awarded a grant of funds and is bound by #his executed Agreement; includes its officers, employees, agents and successors- subgrantee -The term subgrantee means the government or other legal entity to which a subgrant is awarded and which is accountable tv the grantee for the use of the funds provided. Salmon Funding Acvouats Salmon Project Agreement -RCC #12~ 13840 Page ~ cf t7 Chapter 77.85 EtC'W, Chapter 42t3 WAC PRC}JAGR RfiT sECTICN 2. PEFiFC]RN'IAA1C~ BY THE. SppNSOR The sponsor, and secondary sponsor where applicable, shall undertake the pro}ect 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 or documents submitted with the application, aN as finally approved by the funding beard. All submitted documents are incorporated by this reference as if fully set fnrtft herein. The Order of precedence is covered in Section 31. Timely completion of the project and submission of required documents, including progress and final reports, is important. Failure to mee4 critical milestones or complete the project, as set out in this Agreement, is a material breach of the Agreement. SECTIgN 3. ASSIGNMEtdT feleither this Agreement. nor any claim arising under this Agreement., shall be transferred or assigned by the sponsor without prior written consent a# the Reoreation and Conservation Office. SECTID~E 4. REgpQhtSIB[41TY FDR PROJECT While the funding beard undertakes to assis# the sponsor wifh the project by providing a grant pursuant to this Agreement, the project itself remains the sole responsibility of the sponsor, The funding board undertakes na responsibilities to the spansar; a secondary sponsor, or to any third party,. other than as is expressly set out in thrs Agreement. The resfransibilikylor the implementation cif the project is solely that of the ro ect ~s s onso~ed b pmare ~thanoone entitlmanr a d ail syansars areas utallyd party related in any way to the project. When a p j p Y Y, Y P 4 Y responsible "for the project and ail past-completion stewardship responsibilities. SEC71CN 5. q{~I~EfJIEdI~FtCA7taN T[s the fullest extent permitted by the law, the sponsor expressly agrees to and shall indemnify, de#end and bald harmless the State and. its ageneles, officials, agents and employees from and against all claims, actions, costs, damages, ar expenses of any nature arising out of ar incident to the sponsor s ar any contractor`s performance or 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 costs ar attorneys' fees. Sponsor's obligation shall net include such claims that may be caused by the sole negligence of RCd, its officials, agents, and employees. 1f the claims ar damages are caused by or result from the concurrent negligence of ja} ftCO its agents or employees and fbJ khe sponsor, its contractors, agents, or employees, this indemnity provision shall be ualid and' enforceable only to the extent of the negligence of the spansar or its canfractars, agents, ar employees. The sponsor expressly agrees to waive blather imanunity under Title 51 RGw (as to the State, and its agencies but net as to any employee, worker or third party} to the extent required to indemnify, defend, and hold harmless the State and its agencies, officials, agents ar employees. SECTkOf+t ~, [Pt17EpE~1DE~iT CgP,e,CITY OF TNf~ $PflM50R The sponsor and its employees or agents performing under this Agreement are not officers, employees or agents of the funding beard or ftCO. The sponsor will not hold itself out as nor claim to be an officer, employee or agent of RCC}, a funding board or of the state of U'Uashington, nor will the sponsor make any claim of right, privilege ar benefit wfaich: would accrue ka an employee under ~,hapter5.. 41..[}6 Car ~~g f~CV`~• The sponsor is responsible for withholding andfor paying employment taxes, insurance, or deductions of any kind required toy federal, state, andlor local laws. SEC7tdi~ 7• Cpf~1=bICT dF INTEREST Notwithstanding any determination by the Executive Ethics 6aard or ether tribunal, RCfl may, in its sale discretion, by written native to the sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation of the Ethics in Public Service Act. Chapter 4~.6~ RCW; ar any sirrtilar statute involving the sponsor in the procurement af, or performance under, this. Agreement. In the event this Agreement is terminated as provided above, RCJ shall be entitled fo pursue the same remedies against the sponsor as it could pursue in the event of a breach of the Agreement by the spansar. The rights and remedies of RCC) provided for in this clause shall net be exclusive and are in addtio:~ to any other rights and remedies provided by law. SECTIt3N 8. ACKh1dW~ERGMENT AAtD StCsNS A. Pub1ica#ians. The spansar shall inolude language which acknowledges the funding contribution of the applicable grant program to this project en any release ar ether publication developed ar modified tar, or referring to, the project during the project period and in the future. B. Signs.. The spansar also shall past signs or ether appropriate media during the project perrad and in the future at project entrances and other locations an the project which acknowledge the applicable grant program's funding contribution, unless exempted in funding board policy arwaived by the director. Selman Funding Accounts Salmon Project Agreement - RGG1 #12-138AC Pare a of ~ 7 Chapter 7 r .85 RCW. Chapter 42ft'JVAC PR~a.7_AGR.RPT C. Ceremonies. The sponsor shall notify RCO na later than two weeks before a dedication aeremany bar this project. The sponsar shall vernally acknowledge the applicable grant program's funding contribution at all dedication ceremonies. t3. Federally Funded Praieats. When. issuing statements, press releases, requests far proposals, bid saliaitatians, and other daauments describing a project funded in whale ar in part witty federal money provided for in this grant, sponsors shall clearly state' 1. The ,percentage of the fatal cxssts of the project that ds financed with federal money„ 2, 'The dollar amount of federal funds for the project; and 3. °Tl-~e percentage rind dollar amount of the total Costs of the project that is financed Eby nongovernmental sources . SECTt~N 9. CClty+'IPLIANCE W4TH APPL9CABLF L,4W The sponsar will implement the Agreement in accordance with applicable federal, state, and local laws, regulations and RGO and funding board policies regardless of whether the sponsor is a public yr non-public arganizatian. The sponsor shall comply with, and RCCJ is nat responsible far determining compliance with, any and all applicable federal, state, and lacai laws, regulations, andlar policies, including, but not limited iD: State Environmental Policy Aat; Industrial Insurance Coverage; Architectural Barriers Act; permits (shoreline, Hydraulics Project Approval, demolition}; land use regulations (critical areas ordinances. Growth 'Management Act}, federal and state safety and health regulations (C3ccupatianal Safety and Health H,dn~instratianMJashingtan industrial Safety and Health Act); and Buy American Act. Endangered species For habitat restanaton prajeats funded in part or whole with federa! funds administered by the SRI=B the sponsar shall nat. aon7rnence with clearings at riparian trees or innwater wank unless either the sponsar has complied with 5i3 CFR 228.Zt73 (b}($}, limit 8 or until an Endangered Species Act consultation is fknalized in writing by the National Oceania. and Atmaspheria Administration. Violation a# this requirement may be grounds for terminating this project Agreement. This section shall not be the basis far any enforcement responsibility by ftCt7. tVflr~disvrimination Laws The sponsor shall comply with all applicable federal., state, and Ivcal nandiscnmination laws andlar poliicies, including but not limited ta' the Americans with Disabilities Aat; Civil Rights Act; and the Age Discrinninatian Act. In the event of the s,pansor's noncompliance ar refusal to cvrnply with any nandkscriminetion Saw or policy, the Agreement may be rescinded, cancelled, or terminatedi in whale or in part, and the sponsor may be declared ineligible far further grant awards from the funding Hoard. The sponsar is responsible for any and all oasts or liability arising from the sponsor`s failure to so comply with applicable law. Wages and Jota Safety The sponsar agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. The sponsar agrees to pay the prevailing evage rate to all workers, laborers, or mechanics employed in the performance of any part of this contract if state law applies to the fends in question and the prevailing wage Vaw applies to the work being p8rfarmed. The Washington State Departr`nent of Labor and Industries should be consulted to determine whether prevailing wage laws apply. Further the sponsar agrees to comply with the provisions of the Davis-'Bacon Act as required, and any other applicable federal. laws. Arohaeologlcat and Cultural Ftesaurces The sponsor must comply with Executive Order 05-05 or the National Historic Preservation Aat before initiating ground disturbing activity. Tine funding board requires documented compliance with Executive Order [}5-Q5 ar Section 1 Ct8 of the National Historic Preservation Act, whichever is applicable to the project. If a federal agency declines to consult, the sponsar shall comply with the requirements of Executive C}rder 05-Q5• In the event that archaeological ar historic materials are discovered during project activities, work in the 1ocat~an of discovery and immediate vicinity must step instantly, the area must be secured, and nvtifcatian must be provided to 4he fallowing: concerned Tribes' cultural staff and cultural committees, RCt], and the State Department ofArchaealagY and Historic Preservation. if human remains are discovered duringi project activity, work in the location of discovery and immediate vicinity must stop instantly, the area must be secured, and notification provided to the cancemed Tribe's culture! staff and cultural committee, ftCO, State Department of Archaeology, the coroner and IaCai law enforcement in the most expeditious manner passible acavrding tv RCW 68.50 Restrictions an Grar9t tine No part of any funds provided under this grant shall Abe used, other than far normal and recognized executive-legislative relationships„ far publicity or propaganda purposes, ar far the preparation, distribution, ar use of any kit, pamphlet, booklet, publication, radio, television, ar video presentation designed to support or defeat legislation pending 'before the U.S. Congress ar any state legislature. tVo part of any funds provided under this grant shall be used to pay the salary ar expenses of any sponsar, ar agent acting for such sponsar, related to any activity designed tv influence legislation ar appropriations pending before the U.S. Congress or any state legislature. Selman Funding Accounts Salrrsvn Project Agreement - RCO #12-1384C ~a~e 9 0€ ~r Chapter 77.85 RCW, Chapter 42Q WAC p F~~,1AGR. ftPT SECTION 14. hipZAR'[3f?uS SUBSTANCES A. Ceftificatian. The sponsor shall inspect, investigate, and conduct an enviranmentat audit of the proposed acquisition site for the presence of hazardous substances, as defined in Chapter 7tD.145L7.p2f3 ('l1} RCW, and certify- 1. No hazardous substances were found on the site, ar 2. Any hazardous substances found have been treaked andlor disposed of in compliance with appfacab§e state and federal laws, and the site deemed "clean." B. Responsibility. Nothing in this prevision afters the spansar"s duties and 6€abilities regarding hazardous substances as set forth in Chapter 70.1i751a 1~C31V. C, Fioid }~armtess. The sponsor uvitl defend, protect and bald harmless I~CQ and any and all of its employees andlor agents, from and against any and all liability cast {including taut not limited to aft casts of defense and attorneys' fees} and any and aft toss of any nature from any and all claims or suits resulting from the presence af, or the release or threatened release of, hazardous substances on the property the sponsor is acquiring, SEGTIDN 11. RECQRDS A. Maintenance. The sponsor shall maintain gooks, records, documents, data and other evidence relating to this Agreement and performance of the seivices described herein, including but not limited to accounting procedures and practices which suffreiently and. properly reflect all direct and indirect oasts of any nature expended in the performance of this Agreement. Sponsor shall retain such. records for a period of six years from the date RCC3 deems the project complete , as defined in Scotian 17{C} belo~,v. If any litigation, claim or audit is started before the expiration of the six {6} year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. f3. Access to records and data. At no add'ational cost, the records relating to the Agreement, including materials generated under the Agreement, shall be subject at aft reasonable times to inspection, review or audit by RCCI, personnel duly authorized by RCS, the Clffice of the 5tateAuditor, and federal and state officials so authorized by law, regulation or Agreement. This inc4udes access to all information that supports the costs submitted for payment under the grant and all findings, conclusions., and recommendations of the sponsor's reports. including computer models and methodology for those models. C. Public Records. Sponsor acknow§edges that the funding board is subject to chapter 42.56 I~GW ar~d that this Agreement and any records sponsor submits or has submitted to the State shall be a public record as defined in chapter 42.56 RCW. Additionally, in compliance with RCW 77.85.134(8}, spansar agrees to disclose any information in regards to expendRture of any funding received frarn the SRt=B. Ry submitting any record to the s#ate spansar understands that the State may be requested to disclose ar copy that record under the state public records law, currently codified at RCvv a2.56. The sponsor warrants that it possesses such tegai rights as are necessary to permit the State to disclose and Dopy such document to respond to a request. under state public records laws. ~fhe Sponsor hereby agrees to release the State from any claims arising out of allowing such revieGV ar copying pursuant to a putalic records act request, and to indemnify against any claims arising from allowing such review or copying and pay the reasonable cost of state's defense of such claims. SECT40N 12. "FREATfNEi~T C)F ASSETS A. Assets shelf remain in the possession of the spansar far the duration of the project ar applicable grant program. When the sponsor discontinues use of the assets} for the purpose far which it was funded, RGC? wily require the sponsor to deliver the assets} to RC©„ dispose of the asset according to RC[] policies, or return the fair market value of the asset4s} to RCiI. Assets shall be used only far the purpose of this Agreement, unless otherwise provided herein or approved toy FtC(] in writing. ~. The sponsor shatl'be responsible for any Voss or damage to assets which results tram the negligence of the sponsor or tivhi,ch results from the failure on the part of the spansar to maintadn and administer that asset in accordance with sound management practices. SECTt{71~ 13. filOFiT" OF tNSPECTtDN The sponsor shall provide right of access to the project to RCO, or any of its officers, ar to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance. compliance, andlar quality assurance under this Agreement. If a tandavwner Agreement or other farm. of contraiu~ed ar deveiosed~with fundind board ass~stantceulate and define the funding board and I~CQ's right to inspect and access lands acq, p g SECTIt]N 14. STEVUARDSFt~' AHiD MDNt70R4fV Sponsor agrees to perform monitoring and stev~ardship functions as stated in policy documents approved by the funding beards or RCS. 'Sponsor further agrees to utilize, where applicable and financially feasible, any monitoring protacoes recommended by the funding board. Selman Funding Accounts Salmon Project Agreement - RCC #12°13840 t:'ag~ t o ~t ~ _ Chapter'77.$~a 93CW Chapter 42(4 VvAC P R OJAG i~. R FAT StwCTiON 16. pEgARIh1iENT CERTIFICAT'MON A. Far Federally Funded Projects 6y signing the Agreement with RCO, the sponsor certifses that neither it nor its principals nor any ether lower tier participant are presently debarred, suspended, proposed far debarment, declared ineligible or vvluntaritly excluded from partieipativn in this transaction by any Federal department or agency. Further, the spansar agrees not to enter into any arrangements or contracts related to this Agreement with any party that is an the "General Services Administration's Excluded Pram Federal Procurement yr Non-procurement Programs at http:!lwww.epls.gav, The spansar (prospective lower tier participant} shall provide immediate written notice 4o RCU if at any time the prospective lower tier participant learns that the above vertification was not correct when submitted ar has become erroneous by reason of changed circumstances. t3. For State Funded Projects By s4gning the Agreement with RCC7, the sponsor eertrfies that neither it nor its principals nor any ether lower tier participant are presently debarred, suspended, proposed far debarmen#, declared ineligible ar valuntar6ly excluded from participation in this transaction by Washington State tabor and ]ndustries. Further, the spansar agrees not to enter into any arrangements or contracts related to this Agreement with any party tha# is an the "Contractors net Allowed to Bid on Public WarEts Prvjeats'° gist at http:llrr+wv,~.lni.wa.gaol'frailest.icensinglF'revWage!RwardingAgencieslCe barredContraatars! SECTI®N 1B. P€tt]JEC1P FIJN'DtNG A. Additional Amounts. The funding beard shelf nat. be obligated to pay any amount beyond the dollar amount as identfed in this Agreement, unless an additional amount has been approved in advance by fhe funding beard or director and inconaorated 6y written amendment into this Agreement. ~. Before the Agreement. No expenditure made, or obligation incurred, by the spansar before the project start date shalC be eligible for grant funds, in whole or in part. unless specifiicalfy provided for by funding beard policy, such as a waiver of retroactivity or pragrarn specific eligible pre-Agreement costs. Fvr reimbursements of such casts, this Agreement must be fully executed and an original received by RCCJ- The doAar amounts identified in this Agreement may be reduced as necessary to exclude any such expenditure from reimbursement. C. After the period of performance. Na expenditure made, or obGgat~on incurred,. fallowing the period of performance shall be eligible, in whole yr In ,part, far grant funds hereunder. In addit+on to any remedy the funding beard may have under this Agreement,. the grant amounts identified in this Agreement shall be reduced to exclude any such expenditure from participation. SECTION 17. PR(7JECT REIlV1SUR5E~IENT5 A. This contract is administered on a reimbursement basis. The spvnsars may only request re'smbursement after eligible and allowable costs have already been paid by the spansar and remitted to their venders. RCC) will then reimburse the sponsor far those costs based upon RCC)'s percentage as defined in Section F of the Project Agreement of the amount billed to RC£7. RGC) does net reimburse for donations which the spansar may use as part of its percentage. All reimbursement requests must include proper documentation of expenditures as requ~reri by RCC]. B. Compliance and Payment. The obligation of RCC to pay any an,vunt(s} under this Agreement is expressly conditioned on strict compliance with the terms of this Agreement by the spansar. C. Compliance and Retainage. RGC] reserves the right to withhold disbursement of up tv the final ten percent j13GIa} of the total amount of the grant to the sponsor until the project has been completed. A project is considered "complete" when: 1. All approved yr required activities outlined in the Agreement are done; 2, Qn-site signs are 6n place (if applicable?; 3, A final protect report is submitted tv and leteeand subbmi Eed to RCC]; 4. Any other required documents are camp 5. A final reimbursement request is submitted fa RCC7, 6. The completed project has been accepted by RCC); 7. Final amendments have been processed; and 8_ Fiscal transactions are complete. 9 RC;O has acvepted a final boundary map, if required for the project, for which the Agreement #erms will apply in the future. 17. Reimbursement Request f=requency. Sponsors are encouraged to send RCC} a reimbursement request aY beast quarterly. Sponsors are required is submit a reimbursement request to RCO, at a minimum far each prvjeot at least once a year far reimbursable activities occurring between July 1 and .9une 3J. Sponsors must refer to the most recently publ3shedladopted RCD policies and procedures regarding reirribursemenf requirements. SECTION 1$. At]WANCI= PAYf~ENTS Advance payments of yr in anticspation of goads or services to be provided under th9s Agreement are limited tv grants approved by the SRF6 and must comply with SRFB policy. See 1fllAC 423-12-06Ct {6}. Salmon Funding Accounts Salmon Project Agreement - RCC7 #12-13840 Pale i t of 17 Chapter 77.85 RGW, Chapter A231NAC PE~C?JAGR RAT SECTtflN 19. RECOVERY OF gAYNtENTS 6n the event that the sponsor fails to expend funds under this Agreement kn accordance with state and federal laws, andlor the provisions of the Agreerroent, or meet its percentage of the pra}ect total, RCC? reserves the right to recover grant award funds in the amount equivalent to the extent of noncompliance in addition to any other remedies available at taw or in equity. The sponsor shakl reimburse RC(7 for any overpayment or erroneous payments made under the Agreement. ]Repayment by the sponsor of suah funds under this recovery provision shall. occur within 3(f days of demand by RCC3. Interest shall accrue at the rate of twelve percent (12°/°~ per annum from the time that payment becomes due and owing.. SECTiQN 20. CpVENANT AGAINST CpNTENGENT FEES The sponsor warrarots that na person ar selling agent has. been employed or retained to solicitor secure this Agreement on an Agreement ar understanding for a commission, percentage, brokerage or contingent fee, excepting bane ode employees or bona fide established agen#s maintained by the sponsor for the purpose of securing business. RCO shall have the nght, kn the event of breach of this clause by the sponsor, to terminate this Agreement without liability or, in its discretion, to deduct from the Agreement grant amounf or consicleratian or recover by other means the full amount of such commsssion, percentage, brokerage or contingent fee. SECTION 2#. pROVlSIC}NS APPLYfMG TO QEVELClPMENT, RENOVAT3ON AN€} RESTORATIf.IN PROJECTS The following provisions shall be in force only if the project described in this Agreement is far development, renovation and restoration of farad ar faciklties for outdoor recreatkon, habitat conservation, ar sakmon recovery: A. #}acument fReview and Approval. The sponsor agrees to submit one copy of akl development, renavatian, restoration or construction pions and specifications to RCG far review prior to implementation. Re'uiew and approval by RCG Wilk be for compliance with the terms of this Agreement. E#. Contracts far Devekopment, Renovation or fRestoration. Sponsors must follow any appkicable state andlor required federal procurement procedures. if such procedures do not apply, Sponsor rnus# folkow these mwinEmum procedures: {# } publish a notice to the public requesting 'bidslproposalslor the project {2} specify in the native the date for' submittal of bidslpraposais (3}specify in the notice the general prove-dare and criteria For selection; and (4} comply with the same legal standards regarding unlawful discrimination based upon race, ethnicity, sex, arscx-orientation that are applicable to state agencies in selecting a bidder ar proposer. This procedure creates no rights for the benefit of third par€ies, including any proposers and may not be enforced ar subject to review of any kind or manner by any other entity ether than the RCD. Sponsors may be required to certify to the RCiB they have followed any applicable state andlor federal procedures ar the minimum. procedure where the farmer procedures do not apply. C, Contract Change Qrder, Canly change orders that impact the amount of funding ar changes to the scope of the project as described to and approved by the funding !beard or IRCQ must receive prier written approval. D. Control and Tenure. The sponsor must provide documentatron that shows appropriate tenure {land owner Agreement, fang term lease Agreement easement, ar fee simple ownership) for the land proposed for development, renavatian or restoration. The documentation must rrieet current RCC? requirements. E. E~andiscrimination. Except where a nandoscnm~natlon clause required by a federal funding agency is used, the spansar shall insert tyre following nondiscrimination clause in each contract for construction of this project: "F3uring fhe perf©rrrrar~c~ of this contract, the cortfractor ar~rees to comply wrth a!! federal and state nondiscriminafiarr Jaws, reguiatrons and poircres.'" F. Use of Best Management Practsees. Project sponsors are encouraged to use best management practices developed as part of the Washington State Aquatic Habitat Guidelines {AHG} F'ragram The bes# managerroent practices are described in three documents: "Stream Habitat Restoration Guidelines: 'Final Draft", 20174; "Design of Raad Culverts for Fish Passage", 2483; and "Integrated Streambank Protection Guidelines', 2D02. These documents and other infarmati6n can tae found on the AHG Websrte. 5EC7tf3N 22. PROVIStO1JS APPLY9NG TO ACt]UtS1Tl~3~t'AROJECTS The fa€Iowing pravks~ons shall be in farce only if tfre project described in this Agreement is far the acquisition of interest in rea9 property {including easements} for outdoor recreation, habitat conservation, sakmon recovery purposes, ar farmland preservation: A Evidence of Land Value. Before dlabursement of funds by RCC3 as provided under this Agreement, the sponsor agrees to supply documentation acceptable to RCO that the cost of fhe property nghts acquired has been estabkshed according to funding board policy. g Evidence of Title. The sponsor agrees to provide documentation that shows the type of ownership interest far the property that has been acquired. This sha11 be dare before any payment cf financial assistance. C. Legal Description of Rea6 Property Rights Acquired. The legal description of the reef property rights purchased with funding assistance provided through this project Agreement {and protected by a recorded conveyance of rights to the State of Washington) shall bE; incorporated into the Agreement before final payment. 5aimon Funding Accounts Salmon ProjectAgreernent - RCU #12-13840 Page 12 of 1? Chapter 77.85 RCW, Chapter 42[} WAC P1~~JAGR. RPT D. Conveyance of Rights to the State of Washington. !]acument securing long-term rights far the State of Washington. When real property rights (bath fee simple and lesser interests} are acquired, the sponsor agrees to execute an appropriate document conveying certain rights and responsibilities to f~CU, on 'behalf of the State of Washington. These documents inclerde a feed of Right, Assignment of Rigp#s, Easements and~whe ease real era ert olie Brand to urovideea pant lof ~ e rgecorded docbumentGtoo record the executed document in the Coun#y p p Y p pY RCC3. The documentr required will vary depending an the prayect type, the real property rights being acquired and whether or not those rights are being acquired in perpetuity, 1. Creed of Righf. Tpe Y3eed of Right conveys to She people of the state of Washington the rigpt to preserve, protect, andTor use the property far 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 #pe sponsor has aoquired a perpetual easerrrent far public purposes. 2, Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement ka RCp_ Sponsors shall use this d'vaument when an easement or lease is being acquired for habitat conservation or salmon recovery purposes. The Assignment of Rights requires the signature of the underlying landowner and Trust be incorporated by reference 4n the easement daaument. 3, Easements and tresses. The spansar may incorporate required language from the teed of Right orAssignment of Rights directly into the easemen# or lease document. thereby eliminating the requirement for a separa#e document. Language will depend on the situation, sponsor must obtain RCC7 approval on the draft language prior to executing the easement or lease. E. Real Property Acquisition. and Relocation Assistance 1. When federa9 funds are part of this Agreement,. the Sponsor agrees to comply with the terms and condidions of fp® t9nifarm ReVacation Assistance and Real Praperty Acquisition Policies Aot of 1973, 84 Stat. 1894 (197t]}--Public Law g1~848, as amended by the surface Transportation and lJniform. Reloca#ion Assistance Act,. PL 13fl-17-'! g87, and applicable regulations and procedures of the fiederal agency implementing that Act. ~. When state funds are part of this Agreement, the sponsor agrees to comply with the #erms and conditions of the l3niform Relocation Assistance and Real Property Aoqu+sition Yaollay of the State of Washington, Chapter 8.28.313 RCtiN, and Chapter 488-13E1 WAC. 3. Housing and Relocation. In the event that pausing and relocation casts, as required by federal law set out in subsection {1 } shave andlar state 4aw set out in subsection {2} above, are involved in the execution of this project, the sponsor agrees to provide any housing and relocation assistance required. P buildings and Structures. In general, grant funds are to be used for outdoor recreation,. habitat conserva#ion, or salmon recovery. Sponsors agree to remove or demallsh ineligible structures. Sponsors must consult RCD regarding compliance witp sec#ion 9 - Arahaeoiogicai and Cultural Resources before structures are removed or demolished. {;. Arcpaeolog}cal and Cultural Resources. The sponsor agrees that any real property in#erests acquired under #his Agreement, if to be subject to land disturbing actavi#ies in the future, Is subject to Governor's Exeoutive order 45-35 or the National Preservation Historic Act. {5.1(38}. The spansar further agrees that ground dis#urbing activity will not occur until RCCt has been notified and determines if a cultural resources review is needed. SlECT90N ~3. RESTRtCTiQN ON C(}NVfRSIC3t~ OF REAL f?RQPk<RTYANI3fraR FACILITkES Tp UTHER USES The spansar spal9 not at any time convert any reaG property ar facility acquired, developed, andlor restored pursuant to this Agreement tra uses other than those purposes for wpich funds were approved without prior approval of the funding board in compliance with applicable statutes, rules, and funding board policies. IY is the intent of the funding board's conversion policy, current or as amended In the future, that all real property or faciii#ies acquired, developed anda'or restored with funding assistance remain in the public. domain. in perpetuity unless otherwise identified in the Agreement ar as approved by the funding board. C7etermination of whether a conversion has occurred shall be based upon applicable lave and RCFE3ISRFB policies. When a conversion has been determined to have occurred, tpe sponsor is required to remedy the conversion per established funding board policies. SECT4DiJ Zq, CANSTi+tJCTIt]N, flfaEfZATIC7N, t35E ANC7 fiJIAINTENANCE OF ASSISTED FRi;)JECTS Far aaquisitian, development, renovation and restoration protects, sponsors must ensure teat properties or facilities assisted with funding board funds, including undeveloped sues, are built, operated. used, and maintained: A, According to applicable federal, state, and local laws and regulations, including public laealtp standards and building codes. B. in a reasonably safe condition for the ,project's intended use. C. Throughput its estimated life so as #a prevent undue deterioration. Q. incompliance with all federal and state nondiscrimination laws, regulations and policies. Salmon Funding Accounts $alrnon Project Agreement - RC4 #12-13840 page t3 of ^~ Chapter 77.85 RCW, Chapter 423 WAC PF2C?.lA~R RP7 For acr~uisition, development, renovation and restoration projects, faciYities open and accessible to the general public must: E. 8e canstruGted and maintained to meet or exceed the minimum requirements of the most current local or state codes, Uniform FederalAccessibality Standards, guidelines. or rules, inviuding Guf not limited. to: the international Building Code, the Americans vaith C7isataiiitYes Avt, and the Architectural Barriers Avt, as updated. Appear attractive and inviting to the public exaept for brief installs#ion, Ganstruction, or maintenance periods. G. Be available for use by the general public without reservation at reasonable hours and times of the year, aGOOrding to the type of area or facility. SECTION 25. 1T1CDtNE AND INGC7IVtE USE ,q- Income. 1. CompatYble source. The source of any inGOme generated in a funded project or project area must be compatible with the funding source and the Agreerraent. ~. Fees. 'User andlor other fees may be charged in connection with land acquired or favi9ities developed with funding board grants if the fees are consistent with the: {a} Value of any services}furnished;. {b} Value of any opportunities furnished; and (c} Prevailing range of public fees in the state far the activity involved. Excepted are Firearms and Rrchery Range Recreation Program safety Glasses (firearm andlor hunter} for which a faci'litylrange fee must not be charged {Chapter 79A,25.2~0 RCW}- B. Income use. Regardless of whether income yr fees in a project work site ~Yncluding entrance, utility corridoe permit, wattle grazing, timber harvesting, farrrbing, etc-) are gained during or after the reimbursement period cited in the Agreement. unless precluded by state or federal law, the revenue may only be used to offset 1. The sponsor's matching funds; 2. The project's total oust; ~. The expense of operation, maintenance, stewardship, monitoring, andlor repair of the facility or program assisted by the funding board grant; 4. The expense of operation, maintenance, stewardship, monitoring, andlor repair of ether similar units 'rn the sponsor's system; andlor ~, Capital expenses for similar acquisition andlor development. SECTtC)N 25• PFtEFEFtENCES 'FOR RESIDENTS Sponsors shall not express a preference for users of grant assisted projects vn the basis of residence {including preferential reser+ratYon, membership„ andlor permit systems} except that reasonable differences in admission and other fees may be maintained on the basis of residence- Even so, the funding board discourages the imposition of differential fees- Fees for nonresidents must not exceed twice the fee unposed on residents. Where there 6s na fee for residents but a fee ks charged to nonresidents, khe nonresident fee shall not exceed the amount that would be imposed on residents at comparable state or 'local public facilities- SECTICIN Z7. PRpVkSIt3N5 RELATED TC GCJRPCiRATE (kNCLt9k71NG N(7NPRDFiT) SP©NSL}RS A corporate sponsor, Yncluding any nonprofit sponsor, shall: A. Maintain corporate status with the state, including registering with the Washington Sevretary of Skate's office, throughout the sponsor s obligation to the project as identified in the Agreement- B. Notify RCt? prier to corporate dissolution. Within 30 days of dissolution khe sponsor shall name a qualified successor khat will agree in vwriting to assume any on-going project responskbilities. A qualifed successor is any party eligible to apply for funds in khe subject grant program and capable of Complying with the terms and conditions of this Agreement- RCO wilt process an amendmenf transferring the sponsor`s obligafion to the qualified successor if requirements are met. C. Sites yr facilities open to the public may not require exokusive use, (e.g., memkaers only}- SEGTIC)N 28. LlAStLITY 1NStfRANCE REQUIREMENTS F{)R FIREARMS ANt7 ARCHERY RANGE SPON50RS A, The sponsor of a firearms ar archery range recreation project shelf procure an endorsement, or other addition, to liability insurance it may currently carry, or shall procure a new policy of liability insurance, in a total coverage amcunt the sponsor deems adequate to ensure it wily have resources to pay successful claims of persons who may be killed or injured, or suffer damage to property, while present at the range facility to which Phis grant is related, or by reason of being in the vicinity of that facility; provided that the coverage shall be at 0east one million dollars {$1,OOO,g0i7} for the death of, or injury ta, each person. Y3. The liability insurance policy, includng any endorsement or addition, shall' name Washington State, the funding beard, and RCC] as additional insured and shalt be in a form approved by the funding beard yr director. Salmon Funding Accounts Salmon Project Agreement - FtCC7 #t2-13840 P~g~ i~ Gf i7 Chapter 77.85 RCW, chapter 420 WAC PRD.9.ACzR.RPT C. The policy, endorsement or other addition, or a similar liability insurance policy meeting the requirements of this section, shall be kept in force throughout the sponsor's obligatlan to the project as identiCed to this Agreement. D. The policy, as modified by any endorsement or other addition, shal6 provide that the issuing company small give written notate to RCC3 not less than #hirty (3Q] valendar days in advance of any vancellation of the policy by the insurer,. and within ten {i0} calendar days following any termination of the policy by the sponsor. ~. The requirement of Subsection A through D above shall snot apply if the sponsor is a federal, state, yr municipal government which has established a program of self-insurance or a policy of self-insurance with respec# to vlaims arising from its facolities or activities generally, including such facilities as (rearms or archery ranges, when the applicant declares and describes that program yr policy as a part of its applivativn to the funding board. F. 93y this requirement, the funding hoard and RGQ does not assume any duty to any individual person with respect to death, injury, or damage ko property which that person may suffer while present at, or in the vicinity of, the facility to which this grant relates. Any such 'person, or any other person making claims based on such death, injury, or damage, must look to the sponsor, yr ethers,. for any and all remedies that may be available by law. S~C'ftf.7h! 29. REC1UIt~ENt~ENTS DF 7HE i~ATtDf~AL PANIC St=RVICE If the prQjevt has been approved by the ftilationaG Park Service, US Department of the Interior, for funding assistance from the federa9 Land and Water Conservation Fund (LWCF), the "Pro]ectAgreement General Provisians° in the LWCF State Assistance Program Federal Fknancial Assistance Manual are also made part of thss Agreement. The sponsor shall abide by these LWCI° General Provisions, in addition to this Agreement, as they now exFSt or are hereafter amended. Fuether, the sponsor agrees to provide RCO with reports or documents needed to meet the requirements of the L4VCF Genera! 'Provisians.. $EC71DN 30. FARNtLANt7 PRESERVATtDN ACCQUNT For projects funded through the Vtilasl'wingtvn V'Ifildlife and Recreation Program farmland Preservation Account,. the following sections will not apply if covered separately in a recorded E~CC7 approved Agricultural Conservation I~ asement. • Section $ -Acknowledgement and Signs. • Section 1 Q -Hazardous Subsfanoes, Section '14 - 5tewardshdp and IuRonitoring • Section 2~ - Prov~sivnsApplying to Acquisition Projects, Sub-sections F and G. Section 23 -Restriction on Conversion of Real. Property andlvr Facilities to tither Uses, and . Section 2~f -Construction, Operation, Use and Maintenance of Assisted Projects, Sub-sections E, 1`, and G • Section 25 -Income and Income Use SECTION 33. DRpER DF pRECECJENCE This Agreement is entered into, pursuant ta, and under the authority granted by applicable federal and state laws. The provisions of the Agreement shall be construed to conform to those laws. do the event of an inconsistency in the terms of this Agreement, or het'aveen its #erms and any applicable statute, rule, yr poGicy or procedure, the inconsistency shall be resolved by giving precedence in the following order: A. ,Applicable federal andlor state statutes, regulations, policies and procedures including RCC7lfunding board pa[icies and procedures, applicable federal office of IVlanagement and Budget (C71V1B) circulars and federal and state executive orders: B. Project agreement including attachments; C. Special Conditions; D- Standard Terms and Conditions of t'he Project Agreement. S~C71Dht 32. At~EIJ17M~N3S Amendments tv 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 RCC?'s director or designee. SECTIUN 33. LIINITATIDN C}F ALI7HDI~ITY Drily RCO yr RCtJ's delegate by writing {delegation to be made prior to action) shall have the express, implied, or apparent authority to alter. amend, modify, or waive any clause ar condition of thin Agreement. Furthermore, any alteration, amendment, mvdifivativn, or waiver of any clause ar condition of this Agreement is not effective or binding unless made in writing and signed by RC©. SECTitDtV 34. WAIVER DF D'EFAI}LT Waiver of any default shall not be deemed to 6e a waiver of any subsequent default. Waiver or breach of any provision of the Agreement shall riot be deemed tv be a waiver of arty other or subsequent breach and shall not be construed to be a mvdifivation of the terrrss of the Agreement unless stated tv be such in writing, signed by the director, yr the director"s designee, and attached to the original Agreement. SECTION S5, A47PL1GATtDN REPRE5EN1`ATlDNS -- IU11StTEPRESENTATIbNS DR INACCURACY DR BREACH Salmon Funding Accounts Salmon PrvjectAgreernent - RCb #12_t 3840 t~agv t 5 or i7 Chapter 77.85 FtCW'U, Chapter 42t1 WAC F'Ra,fA~R.RPT The funding board and RCC7 rely on the sponsor's application in making its determinations as to eligibility for, selection for, and scope af, funding grants. Any misrepresentation, error or inaccuracy in any part ^f the application may be deemed a breach of this Agreement. SECTION 3fi. SPECIFIC PERFDRMAI~iCE The funding board and RCC7 may enforce this Agreerrtent by the remedy of specific performance, which usually will mean completion of the project as described in this Agreement.. However, the remedy of specific performance shall not be the sole ar exclusive remedy available to RCO. No remedy available to the funding board or RCS shall be deemed exclusive. The funding beard or RGC] may elect to exercise any, a combination of, ar all of the remedies available to it under this Agreement. or under arty provision of law, oommon law, yr equity. 5'~CTipR3 3T. TERriAtI~ATIOf~ The funding board and RC[} will r~~~ire slrict compliance by the sponsor with all the terms of this Agreement including, but not limited to, the requirements of the applicable statutes, rules and all funding board and RCC policies, and with the representations of the sponsor in its application for a grant as finally approved by the funding board A. For Cause. Ttre funding 'board or the director may suspend or terminate the obligation to provide funding to the sponsor under this Agreement: i. in the event of any breach by the sponsor of any of the sponsor's obligations under this Agreement; ar ii. If the sponsor fails to make progress satisfactory to the funding board or director tov~~ard completion of the project by the completion date set ou4 in this Agreement. Included in progress is adherence to milestones and other defined deadlines to the event this Agreement is terminated by the funding board or director, under this section or arty other section after any portion of the grant amount has been paid to the sponsor under this Agreement, the funding beard or director may require that any amount paid be repaid to RCt7 for redeposit into the account from which the funds were derived. 8. 1Von Availability of Funds. The obligation of the RCO to make payments is contingent on the availability of sta#e and federal funds through legislative appropriation and state allotment. If amounts suff`scient to fund the grant made under this Agreement are not appropriated to RC©for expenditure far this Agreement in any ~blennial fiscal period, RC© shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the {7ft3ce of Financial Management occurs. tf RCC3 participation is suspended under this section for a continuous period of one year. RCC}'s obligation do provide any future funding under this Agreement shall terminate. Termination of the Agreement under this section is not subyect to appeal by the sponsor. C. For Canvenlence. s°xcept as otherwise provided in this Agreement, RCi7 may, by ten {1fl} days written notice, begirsning ore the sec^nd day after the mailing, terminate this Agreement, in whole or in part. if this Agreement is so terminated,. RC[7 shall be liable only for payment required under the terms of #his Agreement for services rendered or goads delivered prier to the effective date of termination. SECTIClf3 38. RSSPUTE €tEARING lWxoept as may otherwise be provided in this Agreement, when a dispute arises between 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. Ei#her party's request for a dispute hearing must be in writing and cfeariy state: A. The disputed issues; B. The relative positions of the parties; C. The sponsor`s name, address, project title, and the assigned project. number. In order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that the procedure under this section shaVi be used to resolve those specific issues.. The dispute shall be heard'by a panel of three persons consisting.. of one person chosen by the sponsor, one person chosen by the director, and a third person chosen by the two persons initially appointed. 16 a third person cannot be agreed on, the third person shall. be chosen by the funding board's chair. Any hearing under this section shall be informal, with the specific processes to be determined by the disputes panel according to the nature and complexity of the issues involved. The process may be safely 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 pane6 shall be without the authority of either or bath parties to perform,. as necessary. or is otherwise unlawful. Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party. The request shall tae delivered ar mailed within thirty (3t7p days at the date the requesting party has received notice of the action ar position of the ether party which it wishes to dispute. The written Agreement to use the process under this section for resolution of those issues shalV be delivered or mailed by the receiving party to the requesting party within thirty [30J days of receipt by the receiving party of the request. All costs associated with the impiemen#atian of this process shall be shared equally by the parties. Salmon Funding Accounts Selman Frojecf Agreement _ RCp #t2-3384G gage 3s at t~ Chapter 77.85 RCV`d, Chapter A?(i WAC ~~a~a,~E~.RraT SEC7lOd+l 39. ATT~pFtNEYS' FEES In the event of litigataon or other action brought to enforce contract terms, each party agrees to bear its own attorney fees and costs. SliCT1QT~ dt?. GOVERN~~ICa'LAlIVN1=IVUE This Agreement shall be construed and interpreted in accordance with the la+~s of the State of Washing#on. In the event of a Vawsuit involving this Agreement, venue shall be in Thurston County Superior Court if legally proper; otherwise venue shall be in a county where the project is situated. The sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts a# the State of Washington. 9n the cases where this Agreement is between the funding board and a federal6y recognized Indian Tribe, the following governing lawlvenue applies: A. hlotwithstandi,r~g the above venue provision, if the State of Washington intends to initiate a lawsuit against a federally recognized Indian tribe relating to the performance, breach or enforcement of this Agreement, it shall sa notify the Tribe. If the Tribe believes that a good faith basis exists for subject mafter jurisdiction of such a lawsuit in federal court, the Tnbe shall sa notify the State within five days of receipt of such notice and state the basis for such jurisdiction. If the Tribe so notifies the State, ttte State shall bring such lawsuit fn federal court; othenwise the State may sue the Tribe in the Thurston County Superior Court. Interpretation of the Agreement shall be according to applicable State law, except to the extent preempted by federal or tribal law. to the event suit is hrrought in federal court and the federal court determines that it lacks subject matter jurisdiction to resolve the dispute between the State and Tribal Party, then the parties agree to venuern Thurston County Superior Court. B. Any judicial award, deterrijinatlon, order, decree or other relief, whether in law or equity or otherwise resulting from such a lawsuit shat! be binding and enforceable an the parties. Any money judgment or award against a Tribe, tribal officers and members, or the State of Vlfashington and its officers and employees may exceed the amount provided for in Section F~ Project Funding of the Agreement in order to satisfy the judgment. G. The Tribe hereby valves its sovereign immunity tv legal actions as may be brought pursuant to this section and tc the enforcement of any judgment from such legal actions. This waiver Is not for the benefit of any third party and shall riot be enforceable by any third party or by any assignee of the parties. In any enforcement action, the parties shall bear their own enforcement cysts, Including attorneys` fees. SECTII?tV 41. SEVE}3ABlLlTY The provisions of this Agreement are intended to be severable. if any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shah not affeot the validity of the remainder of the Agreement. Salmon Project Agreement - FtCCl #~~-~ 3840 Salmon Funding Accounts Psq~ 1 ~ ~€ ~;7 Chapter 77.85 RCW, Chapter k~2t7 INAC n9~[7.sA~ft RPT 'Eligible Scope ~Ictivities Project Sponsar: ,lefferson County Project Number: 12-1384 Praject Fide: Qu+lcene Acquisitions ~C712 Praject 'Type: Acquisition 8 Restr~raton Program: Salmon State ~'rojects Approval: 121~al2012 project Metrics Project p,Gquisitian t~roject acres by purpose type: Hai~itat Restoratican 2.14 Acquisition Metrics Property: 13ergesor~ [Woricsite '1, t~ui[cene Acq Sites) Peal Property pcquisitian Land Acres by Acreage Type (#ee simple};. Wcilands ®' 1 Riparian 1.84 Existing structures on~ site: Structures to be demolished Clean up of hazardous substances required ~yeslno}: No lncidentais Standard incidentals Cultural resaurcestAcq} ~err~vition Buildings 1 structures to be demolished: RV Shatter and 1938 t7etroiter Matar i~ome (1995 apprax) C?utbuilding 1 (1995 approx) Qutbuiiding 2 (1995 apprax} ©utbuilding 3 (urkknawn age] t3arn (ursknown aga] Woad storage enclosure prive~vay and carzcrete parking area Noxious weed control Ayres treated 'tor noxious vueeds by method: Chemical 1.80 Mechanical 1.84 gigns(Acq) Nurntrer of permanent signs that identify site and funding partners: 1 Stewardship plan Acres included 9n the s#ewardshvp plan: 1.94 I~f~nllniSiratiVe ~USts ~AGCty Administrative costs (Acq) Property: Larson (yyorlcsite ~#~, Quilcer~e Acq Sites) ReaV Property Acquisition Easement Easement type : Habitat Ct:nservation Acres by Acreage Type {easernenij: Riparian 4'95 Clean up of hazardous substances is required Syesfno}: Flo Property: Newsman tiWorksite 1, Quilcene Acq Sites April 1, ~Ct13 Page: ~li~ibie Scope Acti~it.ies Real Property ~4cquistion Land Acres'by Acreage Typs fee simple}: .].'I ~ Rsparian Na structures an site iaxistng structures an site: Na Clean up of i~azardous substances required {yesfno): Incidentals Standard kncictentals Stewardship plan D.16 Acres included in the stewardship plan: Adrnlnistrati^vecasfs. {Acgb pdminlstratlVe costs (Acg1 Restoration Metrics 1J+Jcricsite #1, ~Qe~~lc~ne Acq 5y#es Targeted salmonid ESUlCDf'S. Chinook Salmon-Puget S©und EStJ, Churn Salmon-I-Iood Canal Summer-run IrSII, Pink Salrnon~-{}dd year ~S~J,. Steelhead-Puget Sound [BPS Targeted species ~nan-t~S~ species): Cutthroat t Identified In a Plan ar'+1~#ershed Assessrr~ent: ~ ESA I{ l rojec I PPstorat on F'Ian (]'ll 1 05 WRIA f7 Salrnon l9labitat Limiting, Factors Analysis )11t11lJ2 Big Quilcer~e V'Jatershed Analysis USI-SNVSDNR i~'kl-'4119 Type Of Monitoring: None ftiparkan Flabitat Project Total Riparian Miles Streambank Treated: ~.g~ Total Riparian Acres Treated: 1.g Pkantt n~ ~ .6 Acres Planted in riparian: Miles of streamtaank planted: Riparian Plaint removal l controk ~.~ Acres of riparian treated far plant removallcontrol: 'Miles of strearnlaank treated far plant remova4lcontrak: GeneraV restoration activities Restoration signs t Nuanher of signs installed: Traffic control Cultural Resources Cultural resources Permits Obtain permits prchktectural 8 Engineering Architectural & Errglneering {A&B) April 1, 2{J13 Page; ELIGREI~9.RPT Legal ®escri~tion Projec# Sponsor: ,9efferspn Gounty Project. Title. Quilcerte Acquisitions 2x12 Worksite Dame Property Marne Legai Description Worksite #'i Cisai'Icene Acq Sites 'Bergeson to rspn Newman Project Number: 12-1384 C RCC7 Approvai: 12lC7512d1~ lCOA~GSC.~tP1- April 1, 2013 Page 1 Milestone Ft~part 8y Project Project Number: 12-1384 ~ Project Name: Quiicene Acquisitions 2012 .lefferson County of Sponsor: Project Ntarsager: Mike f~arnsey .. .- Fro~ect Start 1 2106120 3 2 C3rderAppraisal(s) 0510112013 - i 'Progress Report Subnauttecf 06!3012013 i t;7rder Appraisal Review(s) 0710172013 Annual Project Billir7g 0713112013 ~ - E Purchase Agreement Signed 1010112013 'Environmental Assess Complete 1170112013 - Progress Report Submitted 11/0112013 ! - Acquisition Closing 1 2101 7201 3 t __ ~ RecordedAcq Documents to RCO - - 01101!2014 - - Applied for Permits i 0313112014 - . Cultural Resources Complete 05133/2014 i 4 Permits Complete 4513112014 Progress Report Submitted 05/31/2014 Bid AwardedlCantractor t-tired 07731/2014 Annum Project Biking - 07131/2014 t pemalition Complete 10101/2014 Preliminary Design to RCQ 12/0112014 I?raft planting plan t Restaration Started 1210112014 - - - Progress Report Submitted t 1210112034 - Progress Report Submitted 0613072015 l Annua! Projeet Billing 07/3112015 _ _ -- ! Noxious Weed Control CampPete 1210112015_.. Funding Acknowl Sign Passed 1 2101 120 1 5 RCQ Final Inspection 12101/2075 Restoration Complete 1270112015 Stewardship Plan to RCQ 0613072016 ~ Agreement End Date 0613012016 April D1, 2G 13 ~ag~:: 1 1aW4lL~S"r{~ Rf T Milestone Report By Project X r lNilastone Gomp4vte Y = ~r'stic~l Mlestvr+e iMRES7D.R~'1` AprsG Q~, 2J~3 t'~ge