HomeMy WebLinkAbout120814_ca03Consent A-enda
615 Sheridan Street?
fort Townsend, WA 98368
www,JeffersonCounfyPublicHealth.org
October 10, 2014
JEFFERSON COUNTY
RD OF COUNTY COMMISSIONERE
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley,, County Administrator
FROM: Jared Keefer, Environmental Health Director
Tami, Pokorny, Environmental Health Specialist II
DATE:
SUBJECT: Agenda Item — Project Grant Agreement between State of Washington
by and through Salmon Recovery Funding Board (SRFB) and
Recreation and Conservation Office (RCO) and Jefferson County
(Sponsor); December 4, 2013 — December 31, 2016; $329,309.
STATEMENT E:
Jefferson County Public Health, Environmental Health Department, requests Board approval of the Grant
Agreement With SRFB and RCO for.Duckabush Floodplain Acquisition, 2013; December 4, 2013 — December
31, 2016. $329,309.
ANALYSIS STRATEGIC kQALS PROD`S and CON'S:
This project acquires a conservation easement on three parcels, subject of a 2012 SRFB application not fully
funded (RCO #12-1385) and represents an acquisition / restoration proposal the goal of which is to protect
14.7 acres of high quality habitat, critical to salmon recovery, on a 15,2 acre property located, largely,
within the active Duckabush River floodplain. Objectives include a conservation easement on three Gregory
parcels (through a partnership with Jefferson Land Trust, JLT). This project supports salmon habitat by
protecting natural vegetation and soils, re-establishing conifer species, preventing shoreline armoring,
reducing expansion of impervious surfaces and invasive weeds. It allows for channel migration and
enhances opportunities for habitat restoration. This agreement stipulates an on-going obligation by Sponsor
to provide stewardship and maintenance of the site in perpetuity, unless otherwise identified in the
Agreement, The project reimbursement period began on December 4, 2013 and continues until December
31, 201&
FISCAL 'I'MP C'T (COST BENEFIT ANALYSIS: equaling
Agreement comprises federal, state; and county funds, in the form of acquired land Moni es equaling
76.25% of funding comes from Salmon Federal Projects; 5.17% from Puget Sound Acquisition & Projects;
and 18,58% from the project Sponsor (1Q, These percentages represent $251,092, $17,033, and $61,184
respectively. The value of previously acquired land in the Lazy-C Subdivision on the Dosewallips Floodplain
constitutes the County's 18.58% ($61,184) contribution,
Community Health Envlronmenfal Health
Developrriental Disabillfies Wafer Quality
360-385-9400 360-385-9444
360-385..9401 (f) Always working for as safer and healthier community lf) 360379-4487
Consent Agenda
RECOMMENDATION:
JCPH management request approval of the Project Grant Agreement, Duckabush Floodplain Acquisition
2013, for the reimbursement period December 4, 2013 — December 31, 2016 with ongoing stewardship
obligations for a total project cost of $329,309
REVIEWED BY:
Philip Morfcy, County Orninistrator,-) Date
wASWNG,ON STATE
Recreationond
Conservation Office
Project Sponsor: Jefferson County
SalmmooProject Agreement
Salmon Funding Accounts
Project Number; 13-1221 C
Project Title: 0uokabuuhFiondpaim Acquisition 2O13 Approval Date: 12/4/2013
A. PARTIES OF THE AGREEMENT
This project grant Agreement (Agreement) is entered into between the State of Washington »y and through the
Salmon Recovery Funding Board (SRFB) and the Recreation and Conservation Office, P.O. Box 40917, Olympia,
Washington gaou4-p917and Jefferson County (spmnaor).nO Box 1ozn. Port Townsend, vua000nomnu«»amue
binding mn the agents and all persons acting uyur through the parties.
B. PURPOSE mFAGREEMENT
This Agreement sets out the terms and conditions wv which a grant is made from the Salmon Funding Accounts afthe
State of Washington, The grant |w administered wy the Recreation and Conservation Office (nCo)m the sponsor for
the project named above.
C, DESCRIPTION opPROJECT
The project will acquire a conservation easement on three of the parcels that were the subject of a 2012 SRFB
application that wasn't fully funded (now eCD#1u1»Va). This in*n°cqvisimonxeutouuiva combination proposal. The
primary goal of the project is to protect 14.7 acres of a 15.2 acre-property containing high quality habitat located
largely within mmemiveounxvbua»RiverOmmP|aioenm«nom,|tnCwnpvx*m|monnecvvmry,Oujectivaoimcluuo
placement of a conservation easement on three Gregory parcels (through a partnership with the Jefferson Land
Trust), removal of a cabin and invasive species, possible selective thinning of deciduous species, and planting
conifers. Ah°mmuiten/ approximately 0.5 acres will be excluded from the conservation easement. This project will
support salmon habitat by protecting natural vegetation and soils, re-establishing conifer species, preventing shoreline
armoring, reducing expansion of impervious surfaces and invasive weed populations, allowing for channel migration,
and enhancing opportunities for habitat restoration ipparlf,m|a/ the potential placement ofEuw such °"the
installations described in the VVId Fish Conservancy Northwest's Duckabush River Restoration 2012 draft designs.
D. PERIOD oFPERFORMANCE
The project reimburse ment period shall begi n on Decem:be r 4, 2013 a nd end on December 31, 2016. No
expenditure made before m after this period imeligible for reimbursement unless incorporated bywmlenamendment
into this Agreement w specifically provided for uyRCFm and/or nRFa policy o,vuAC.
Requests for time extensions are to be made at least oodays before the Agreement end date. n the request is
made after the Agreement end date, the time extension may bedenied.
The sponsor has obligations beyond this period of performance as described in Section s,
E. ON-GOING OBLIGATION
The Project Sponsor's on-going obligation for the above project funded under this Agreement is to provide stewardship
and maintenance m the site m facility m serve the purpose for which u was intended m perpetuity unless otherwise
identified in this Agreement.
F. PROJECT FUNDING
The total grant award provided uy the funding board for this project shall not exceed $zsa.uo.80. The funding board
shall not pay any amount beyond that approved for grant funding m the project and within the funding board's
percentage uu identified below. The sponsor shall uv responsible for all total project costs that exceed this amount.
The contribution uy the sponsor toward work oo this project uta minimum shall mamw indicated below:
Sppe - mmmvnrou*rauProjevts
Project Sponsor
Total Project Cost
Percentage
Dollar Amount
76.25%
$251.092o0
5.17%
$17.033n0
18.58m
$61.184M
100.00%
$329,309.00
Salmon Project Agreement woom3-1zzic Salmon Funding Accounts
Chapter 7r.00RCvx Chapter 42ovwxC Page 1m/s
pncw^omnp/
RIGHTS AND OBLIGATIONS
All rights and obligations of the parties to this Agreement are subject to this 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 Conditions of the project Agreement, all of which are incorporated herein.
Except as provided herein, no amend me nt/deletions of any of the terms or conditions of this Agreement will be
effective unless provided in writing. All such amendment/deletions must be signed by both parties except the ROO
director may unilaterally make amendments to extend the period of performance. Period of performance extensions
need only be signed by RCO's director or designee.
H. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND RCFB-SRFB POLICIES
This agreement is governed by, and the sponsor shall comply with, all applicable state and federal laws and
regulations, including Chapter 77.135 RCVV, Chapter 420 WAC, and published agency policies, which are incorporated
herein by this reference as if fully set forth.
L SPECIAL CONDITIONS
None
J. FEDERAL FUND INFORMATION
A portion or all of the funds for this project are provided through a federal funding source.
Funds provided from the US Dept of Commerce must be reported under CFDA#11 .438 - PCSRF and Award Number
NA1 3NMF43BO251 for federal fiscal year 2013.
If the sponsor's total federal expenditures are $500,000.00 or more during the sponsor's fiscal-year, the sponsor is
required to have a federal single audit conducted for that year in compliance with Office of Management and Budget
CircularA-1 33. A copy of the final audit report must be provided to RCO within nine months of the end of the sponsor'
s fiscal year, unless a longer period is agreed to in advance by the cognizant or oversight agency.
Failure to provide required A -133 audits will lead to a suspension of payments and may lead to a suspension of RCO
Agreements.
K, PROJECT GRANT AGREEMENT REPRESENTATIVE
All written communications and notices under this Agreement will be addressed and sent to at least the mail address
or the email address listed below if not both:
Prefect Contact
Name:
Tami Pokorny
Title:
Natural Resources Specialist
Address:
615 Sheridan St
Port Townsend, WA 98368
Email:
tpokorny@aco.jefferson.wa.us
SIRFB
Recreation and Conservation Office
Natural Resources Building
PO Box 40917
Olympia, Washington 98504-0917
These addresses shall be effective until receipt by one party from the other of a written notice of any change.
L. ENTIRE AGREEMENT
This Agreement, with all amendments and attachments, constitutes the entire Agreement of the parties. No other
understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties.
M. EFFECTIVE DATE
This Agreement, for project 13-1221 C, shall be subject to the written approval of the RCO's authorized representative
and shall not be effective and binding until executed by both the Sponsor and the RCO. Reimbursements for eligible
and allowable costs incurred within the period of performance identified in Section D above are allowed only when this
Agreement is fully executed and an original is received by RCO.
Salmon Project Agreement - RCO #13-1221 C Salmon Funding Accounts
Chapter 77 85 RCK Chapter 420 VVAC Page 2 of 16
PROJAGR RPT
The sponsor/s has read, fully understands, and agrees to be bound by all terms and conditions as set forth in this
Agreement. The signators listed below represent and warrant their authority to bind the parties to this Agreement.
jefferson County
By:
Name: (printed)
Title:
State of Washington
On behalf of the Salmon Recovery Funding Board (SRFB)
0
Kaleen Gottingharn
Director
Pre-approved as to form:
By. — Is/ —
Assistant Attorney General
Date: . ... ..
Date:
Date: June 7, 2013,
Salmon Project Agreement - RCO 413-1221C Salmon Funding Accounts
Chapter 77.85 RCVV, Chapter 420 VVAC Page 3 of 16
PROAGR.RPT
Standard Terms and Conditions
of the Project Agreement
Table mContents
Page
secnoN 1.
CITATIONS, HEADINGS AND DEFINITIONS ........ ----_---......................... –
*
SECTION 2.
PERFORMANCE ovTHE SPONSOR. ... ............. ............... ....... .............. .........
7
SECTION3.
ASSIGNMENT _–_ ............... _ ... ...... ....... _ ................ — ... ...........
/
SECTION 4.
RESPONSIBILITY FOR PRoxEcr-- ..... ----.... .............. ........ --....... _
/
SECTION 5.
INDEMNIFICATION –__ ................. ............. ...... .................. _ ............. ......
r
SECTION 6.
INDEPENDENT CAPACITY op THE SPONSOR .................................................. _
/
SECTION 7.
CONFLICT mF INTEREST ......... –.... – ... – ........ .................................. .......
o
SECTION 8.
ACKNOWLEDGMENT AND SIGNS ................................. --............ _–...... ........
n
SECTION 9.
COMPLIANCE WITH APPLICABLE LAW ................................. ___--.............
8
SECTION 10,
HAZARDOUS SUBSTANCES .................. ........... ................. ............... ..........
8
SECTION 11 '
' � n -------'--- _
e
SECTION 12.
TREATMENT gpASSETS ....... ......... ............... ......... .............. ........ --_--
y
SECTION 13.
mGVT- ��m��emno��''��--'._-�7 ---- .......
m
SECTION IC
STEWARDSHIP AND MONITORING ....... .................... ................ .............. ........
10
SECTION 15.
DEBARMENT CERTIFICATION, --_--_----_–_............. _ ............ –'
10
SECTION16.
PROJECT FUNDING .................... __............... ................ ........ – ......... .......
1$
SECTION 17.
PROJECT REIMBURSEMENTS ........ ......................... --- ........... ............. ........ .
m
SECTION 18.
ADVANCE PAYMENTS ..... –................................. ...... ........ ......... ....... ......
11
se:TIOm/9�
RECOVERY up PAYMENTS ..... ---_........... ... ---- ........ _ .... ................
n
SECTION 20.
coNvEwAwT AGAINST CONTINGENT FEES .......... --_–..... – ................... _
11
SEcnoNu1�
PROVISIONS APPLYING To DEVELOPMENT, RENOVATION AND
RESTORATION PROJECTS- ........ –........ .................... ............ ................... _
11
SECTION 22.
PROVISIONS APPLYING To ACQUISITION PnoJeCTS. ....... ........ ............. __
12
SECTION 23.
RESTRICTION oN CONVERSION mr REAL PROPERTY
xmDIWn FACILITIES To OTHER uusm-- ................ .......... –__–...................
12
SECTION 24.
CONSTRUCTION, OPERATION, USE AND MAINTENANCE
OpASSISTED PROJECTS ........ –...... --- ............. –_–......... –............. ......
m
SECTION 25.
INCOME AND INCOME USE ...............................................
13
Salmon Project Agreement RCow1*1221C Salmon Funding Accounts
Chapter 77.85 ecvv Chapter 42ovmAo page 4 of 16
p*oJAonxpr
SECTION 27. p
pmov�mwa����r��noCoRpOmwnE</wCLumnGmomPRor�)
SPONSORS.................................. ........... ................................ ......................
13
SECTION 28. L
LIABILITY INSURANCE nsQuIRMEwns FOR FIREARMS
AND ARCHERY RANGE SPONSORS ................ .............. _ .................... ........ __ 1
14
SECTION 29. R
REQUIREMENTS uP THE NATIONAL PARK SERVICE ._-- . 1
1*
SECTION 30. F
FARMLAND PRESERVATION ACCOUNT- ---- ... __ ........ .............. 1
14
SECTION n1. O
ORDER npPnscEoEwoe .............. ................. ....................................... ....... 1
1*
SECTION32. A
AMENDMENTS .............. .......... ... ... ....... ___ ............ ...... __.... ............ 1
14
SECTION 33. L
LIMITATION OF AurxomTY .......... ................... ____.................. _ .... ...... 1
14
SECTION 34, W
WAIVER oF DEFAULT ----__ ..................... _.................... .................... *
*a
SECTION 35. m
mppucpTmmnEpREoEwTAnomm - mISnspnsSswrmTImmS
VnINACCURACY oR BREACH ... ................... ... .... --- ............. ....... ........ —' 1
15
SECTION 36. S
SPECIFIC PERFORMANCE .............. .............. _ ........... _ ................ _........... 1
15
SECTION37. T
TERMINATION ................... ........ _ ............................ ...... ................. ...... 1
15
SECTION38. D
DISPUTE HEARING ........... --- ... ...... _ ............. _ ............... .................. -- 1
15
ssonowm9� /
/TTuRwsvS'FssS ............... .... .......... _ .............. ._______............ 1
16
SECTION 40, G
GOVERNING LmmwEwms .... .... _ ............... __ ......... ................. __......... 1
16
Salmon Funding
�m.=''~r—=--me� Page *mm
Chapter 77.85 RCW, Chapter 420 WAG
,no*Gnnp/
j� W^SHIosmpo^o
Recreation and
Conservation Office Standard Terms and Conditions
of the Project Ag reeme n!t
Project Sponsor: Jefferson County Project Number: 13-1221C
Project Title: DuokobuohF|oodp|ain Acquisition 2O13 Approval Date: 12/4/2013
ssCT|mm1. CITATIONS, HEADINGS AND DEFINITIONS
A. Any citations referencing specific documents refer to the current version at the date of project Agreement and/or any revisions in
the future,
B Headings used in this Agreement are for reference purposes orry and shall not be considered a substantive part of this
Agreement
C, Definitions. As used throughout this Agreement, the foilowing terms shall have the meaning set forth below:
acquisition -The purchase of fee or less than fee interests in real property These interests include, but are not limited to,
conservation easements, access/trad easements, covenants, water rights, leases, and mineral rights.
«geomu^t The accord accepted *y all parties to the present transaction; this Agreement, any supplemental Agreements, any
amendments ,u this Agreement and any intergovernmental Agreements.
applicant - Any agency or organization that meets the qualifying standards, including deadlines, for submission of an ap�cation
soliciting y grant nf funds from the funding Board.
npwnoa«vp The documents and other materials that an applicant submits to the RCO to support the applicant's request for
grant funds; this incodes materials required for the "Application" in the RCO's automated project information system, and other
documents av noted nn the application checklist including but not limited to legal opinions, maps, plans, evaluation presentations
and scripts.
asset - Equipment purchased wy the sponsor or acquired u,transferred to the sponsor for the purpose ur this Agreement, This
definition is restricted to non-fixed assets, including but not limited to vehicles, computers or machinery.
cognizant ur oversight agency Federal agency responsible for ensuring compliance with federal audit revui,"mmmt$,
xvmtrmotv, Shall mean one not in the employment of the sponsor who is performing ak or part of the eligible activities for this
project under e separate Agreement with the sponsor. The term "connammr' and "cmntracto,u^mr""ncnntrmctor(s) |v any oor.
development ' The construction mrn, work resulting in new elements, including but not limited /o structures. facilities, and/OF
materiais to enhance outdoor recreation, salmon recovery or habitat conservation resources.
director The chief executive officer of the Recreation and Conservation Office or that person's designee.
elements, items and w^rxtypps Components of the funded project v" provided nn the project description.
funding board The board that authorized the funds in this Agreement, either the Recreation and Conservation Funding Board
(scFe) created under chapter rmA 25.110 RCVV, or the Salmon Recovery Funding Board (SRFB) created under chapter
77-85-110 RCVV-
grantee - The organizational entity or individual to which a grant (or cooperative agreement) is awarded and signatory to the
Agreement which is responsible and accountable both for the use of the funds provided and for the performance of the
grant-supported project oractivities.
landowner agreement A landowner agreement is required between a SRFB and/or RTP project sponsor and landowner for
projects located on land not owned, nr otherwise controlled, oy the sponsor.
lower tier participant refers m any sponsor receiving a federal grant through nno. Lower tier participants also refer toany
grantee, uuwgrantec.n/ contractor nf any grantee nrswbgnmmtee from the original sponsor funded uxnCO.
milestone An important event with a defined deadline for an activity related to implementation of a funded project.
period m,performance The time period specified in the Agreement, under Section D, period of performance.
project The undertaking that is the subject of this Agreement and that is, or may be, funded in whole or in part with funds
administered uvRcovnuo^a|f"f the funding board.
RCo Recreation and Conservation Off cu The state office that provides administrative support \o the Recreation and
Conservation Funding Board and Salmon Recovery r*ndinsonwrd, RCO includes the director and staff, created byChapters
7n*z5.11$ and 7sAxs.1onnCw and charged with administering this Agreement uv Chapters 77ao,1n and 7a^.zn.240nCvv,
reimbursement - Payment of eligible and allowable costs that have already been paid by the sponsor per the terms of the
Agreement.
mmno°»u= The activities intended to improve an existing site or structure in order to increase its service life or fundions. 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 functionality of
aane
mrp Recreational Trails Program A federal grant program administered wyRCo that allows for the development and
maintenance o,unp'uuu*rytrails.
secondary sponsor - one of two or more eligible organizations that sponsors a grant-funded project. Of these two sponsors,
only one the primary sponsor may bw the fiscal agent.
sponsor The eligible applicant who has been awarded a grant of funds and is bound by this executed Agreement; includes its
officers, employees, agents and successors.
subgrantee - The government or other legal entity to which a subgrant is awarded and which is accountable to the grantee for
the use oY the funds provided
Salmon Project Agreement RCO #1 3w221C Salmon Funding Accounts
Chapter 77 85mom Chapter moWm Page om10
pnoJmznapr
esCnOw2� PERFORMANCE ev THE SPONSOR
The sponsor, and secondary sponsor where applicable, shalt undertake the project me described inmis*greemewip"st evaluation
summary, the sponsor's application, and in accordance with the sponsor's proposed goals and objectives described in the application
or documents submitted with the application, aH as finally approved by the funding board. All submitted documents are incorporated
by this reference as iffully set forth herein, The Order of Precedence is covered in Section 31.
Timely completion ur the project and submission mrequired documents, including progress and final reports, io important. Failure m
meet critical milestones or compllete the project, as set out in this, Agreement, is a material breach of the Agreement.
SECTION 3. AsamwMsmT
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the sponsor without prior
written consent of the Recreation and Conservation Office.
oeonOw4. RESPONSIBILITY FOR PROJECT
While the funding board undertakes to assist the sponsor wlth the project by providing a grant pursuant to fts Agreement, the project
itself remains the sole responsibility of the sponsor, The funding board undertakes ma responsibilities m the sponsor, usecondary
oponsor, m��nytm�pony.mmermuanamimexp�»o�m�nmtmm�*g�emem�Tmenepnmoiunuy�rnoaimp|emenxawonufme
'
project issolely that of the sponsor, m"'xmoneaponnioi|*,�r any mumur suit nf any nmmrebw any mi�pmuymnomdio any way ma the project. When o project |o sponsored u y more than one entity, any and aw sponsors are equally responsible for the project and all
post-completion stewardship responsibilities
SECTION 5, INDEMNIFICATION
The oponsyshall de�nu.mdemnu�.and hum�esmm�mwon�oe�and employees xomoaanom�,�om,�demands, muuxuuu
|owmoqu.~ ^��nein whole orinpm�homm«a�uu|nra|�gaum�m.enom. omissions o,mevn0onovotar�eu�mn»ofany
uuu0�ion^,ue-mm*e�em=ot .mesponsor urmmw`»ne"r'»onemn.rm�oyeoa.muuconu��n�o,^enup�.ce any uo�orany
omurpersons for whom the sponsor may ue legally liable.
Provided that nothing herein shall require a sponsor to defend or indemnify the State against and hold harmless the State from
claims, demands u,ouus based uo|myupon m°n=e/�enucc�mbmocmnv any nm/opuonunder �ioA0neunmm^y the S��.i�
xgvnt, officers, employees, subcontractors or vendors, of any tier, nr any other persons forwwnmmrNatemavae|emu|ly|ioble.
Provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the sponsor or the sponsor's
agents, employees, suuopotramo�orvenu»�.ox any n°r.or any mnePo�onem'whom me Sponsor `u|o9anxuau|e. and (Nmo
3t�ei`a8=nteo0omm.ump|nyena.muuron�"�ommo8urwondom.cxaoyVe�nranyo�e,pmmuno�nwxnmthp��axemw/be
|ogul�`~nmo �' mmemni�yuomSmmomahanun»a|�mnmrnfn�=*meoo|ytomeomemo,�ewnrn"n/*neguoenceurtmeneg|i8vn«n
'' ' - » mm�osu,veouu� of ur any other pe�onu�rwhom �mommno, maybe
o�mm�legally liable.
vomso/o"gmmm.�mp|cv�ee'�u subcontractors . .
This provision shall be included m any Agreement between sponsor and any subcontractor and vendor, o{ any Oer,
The sponsor shall also defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or
suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper
appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights o, inventions uy the sponsor |^rim=
sponsor's agents, employees, muucontrm�urnu, vendors, * any »ecor any ume'persons x�whom mesponsor may ne/agmy/mo/e.
-memmmu=u,mmisx0�ome�oramsinuu�afenvvoainnnpmrmvo°wmmcAomemmntnfmnmovs.pmrrs°e*.
mp»n*'mwnm:� ��orue�u�rn/y»�dn,cvmmun^om�eo��,a,�ivag�n�ummoemandomn|vyeeupum"umt to the
uen�gvv information or . .
*o�em'ntpm*ummth��`uinmemni�mhwun»/upP�t^amvaN»meupotemmroopyngminmngemommrm�rm|�ged|vimpmpm
^ ��,m��m�o�w na�rn� pmpma��in�nnauon know-»uw.uupyngmngmton'imvenVnnu/ouvoinm,mmmt�*'o.
mypmv�auonormm=u . ^ .
nuaneotu' m�m'�'and -��'nnmva*a'e|u�tm comply with aPemnownu*nmn�o#|"nv,egunmlo$ use pnnmu,mmGt�e. its anen�.
mhce�un' employees by the sponsor, its agents, employees, subcontractors or vendors, of any tier, or any other persons for whom
the sponsor may ue legally liable.
The sponsor specifically assumes potential liaWity for actions brought by the sponsor's own employees or its agents against the State
and, solely for the purpose or this indemnification and defense, the sponsor npocifi"wnvwaives any immunity under the state industrial
mnvmnce law, Title 51 RCvv.
T^=ncO is included within the term State, as are all other agencies, departments, boards, or other entities of state government
aECTIOw*. INDEPENDENT CAPACITY uF THE SPONSOR
The sponsor an�uuem�n�eamagen�^cdmminA�du,m�*Q�mnm�r�nmvm:u�rmnuveeemaDno�of*=�nd*guom*u
' vwnnm»nmm*°ov�mm nor claim �ueemumom� employee or agent vfmCo.amnuinouoamvrnf�emm�nf
»rnCo�Tnmurono /»esponsor make any dmimmd0h|.pdN|ageorb*ne� which would auuma�ao employee under Chap��
mum`momn.no,xwu,
41 06 m28enom
The sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions o/ any kind required uvfederal,
zz1� Salmon F^mx*sAuuoumu
°=.~~''`_—~— pa����s
c��n.���o��r4�mm
state, and/or local laws.
mEoTIOm7. CONFLICT urINTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO mavmm,aolediscredon,uywri«ennoucw
the sponsor uannmote this Agreement nmis found after due notice and examination mvwCD that mere isa violation nf the Ethics m
Public Service Act, Chapter 42,52 RCW; or any similar statute involving the sponsor in the procurement of, or performance under, this
Agreement.
m the event this Agreement is terminated as provided above, nCO shall be entifledm pursue the same remedies against the sponsor
asn could pursue inthe event ofpbreach of the Agreement by the sponsor. The rights and remedies of RCO provided for in this
clause shall not be exclusive and are in addition to any other rights and remedies provided by law.
eEcTmwn. ACKNOWLEDGMENT AND SIGNS
A. Publications. The sponsor shall include language which acknowledges the funding contribution m the applicable grant program m
this project /n any release or other publication developed ormuu|fivd for, nr 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 project which acknowledge the applicable grant program's funding contribution, unless
exempted in funding board policy or waived vy the director,
C. Ceremonies, The sponsor shall notify uoOm" later than two weeks before a dedication ceremony for this project The sponsor
shall verbally acknowledge the apvlicable grant program's funding contribution at all dedication ceremonies.
D, Federally Funded Projects. When issuing statements, press releases, requests for proposals, bid solicitations, and other
documents describing a project funded in whole or in part with federal money provided for in this grant, sponsors shall clearly
stm,e�
1. The percentage of the total costs of the project that |sfinanced with federal money;
2r The dollar amount of federal funds for the project; and
o. The percentage and dollar amount uf the total costs of the project that in financed by nongovernmental sources
SECTION 9. COMPLIANCE WITH APPLICABLE LAW
The sponsor will implement the Agreement in accordance with applicable federal, state, and local laws, regulations andnCO and
funding board policies regardless of whether the sponsor is a public or non-publicorganization.
The sponsor shall comply with, and I is not responsible for determining compliance with, any and all applicable federal, state, and
local laws, regulations, and/or pollcies, including, but not limited to: State Environmental Policy Act; Industrial Insurance Coverage;
Architectural Barriers Act; permits (s^ureun*. Hydraulics Project Approval, memmnwn); land use regulations (critical areas ordinances,
Growth Management *u); federal and state safety and health regulations K}ccmpouvna| Safety and Heu*x*uminiotrumnx«as^inamn
Industrial Safety and Health Act)� and Buy American Act,
Endangered Species
For habitat restoration projects funded m part o, whole with federal funds administered by the Snr8 the sponsor oho not commence
with clearing of riparian oxex or in-wm:e/wom vn|=nn either the sponsor has complied with ooCFR 223�203 (b)(8), limit Voruntil an
Endangered Species Act consultation is finalized in writing by the National Oceanic and Atmospheric Administration. mu|auonof\mo
requirement may u= grounds for terminating this project Agreement. This section shall not *v the basis for any enforcement
responsibility uyRCm
Nondiscrimination Laws
The sponsor shall comply with all appficable federal, state, and local nondiscrimination laws and/or policies, including but not limited
to: the Americans with Disabilities Act; Civil Rights Act; and the Age Discrimination Act. In the event of the sponsor's noncompliance or
refusal mcomply with any nondiscrimination law v, policy, the Agreement may bu rescinded, cancelled, or terminated in whole v,in
parl, and the sponsor may be declared ineligible for further grant awards from the funding board. The sponsor is responsible for any
and all costs or liability arising from the sponsor's failure mnv comply with applicable law.
Wages and Job Safety
The sponsor agrees m comply with all applicable laws, regulations, and policies m the United States and the State nvWashington
which affect wages and job safety, The sponsor agrees when state prevailing wage, laws (RCW 39.12) are applicable, to comply with
such laws, to pay the prevailing rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this
um`*"m, and to file a statement of intent to pay prevailing wage with the mmsmnomn State Department of Labor and Industries as
required uynCvva91u.0wo The sponsor also agrees to comply with the provisions of the Davis-Bacon Act, and other federal laws,
and the rules and regulations of the Washington State Department of Labor and Industries
Archaeological and Cultural Resources,
TheR[O reviews 0 applicable projects for potential impacts to archaeological sites and state cultural resources. The
sponsor must comply with Executive Order 05-05 or the National Historic Preservation Act before initialing ground disturbing activity.
The funding board requires documented compliance with Executive om=uv'vnnrn;cxon,nn*mawuwuna|n*x"woPmumrvaV,n
Act, whichever ia applicable to the project. If a federal agency decIines to consult, the sponsor shall comply with the requirements of
Salmon Project Agreement xC0*13-1zz1C Salmon Funding Accounts
Chapter rr,8soCvv Chapter 400vwAc Page om16
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Executive Order 05-05.mthe event that archaeological m historic materials are discovered during project activities, work mthe
location ofdiscovery and immediate vicinity must stop instantly, the area must be secured, and notification must be provided mthe
hmowne concerned Tribes'cultural staff and cultural committees, RCO, and the State Department of Archaeology and Historic
i arou��mo=dounnapm4e�a�ivi,'*mmmme|�ao°nof diu�me�and immemia�m�ni�must
P�eorv�ivn�|fownnane�a�n uan«n��cmdoo»mvimewtv'econcemnogTxbe'aou|mrn|�n*andoomu�|m»mmiumamCO
a�omm*ou�.��mneamv^��mu�oum ' modmcm||*w�m���""ntinthe mu�expe^uiuummannm,pvonm|euocominnm`RcW'
��eDop��m�ntor*rcmu�omgy.t�acomnor ..."
68,50
Restrictions vm Grant Use
wu part or any funds provided under this grant shall uu used, other than for normal and recognized executive-legislative reladnnampm,
for publicity or propaganda purposes. or for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio,
television, or video presentation designed to support or defeat legislation pending before the U.S. Congress or any state legislature.
No part of any funds provided under this grant shall be used to pay the salary or expenses of any sponsor, or agent acting for such
sponsor, related to any activity designed to influence legislation or appropriations pending before the US. Congress or any state
SECTION '10, HAZARDOUS SUBSTANCES
A. Certification, The sponsor shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site for the
presence vf hazardous substances, on defined in Chapter 7o1UoD.Uu0(1n) ncW. and certify:
No hazardous substances were found on the site, m
u. Any hazardous substances found have been treated and/or disposed ofmcompliance with applicable state and federal
laws, and the site deemed "clean."
Responsibility. Nothing io this provision otters the sponsor's duties and liabilities regarding hazardous substances moset forth in
Chapter 7V,1aooRCW.
Hold ��snmnno,��uvpenm.u,���mnd*�uhamn�o RCOan« any and all of§oam�nyresardm,agcn�,hnm
~'
and against any and all liability, cost (in clum/ nB but not limited all co stsuf defense mndaummeyu'xeea) ummonvandd||nnwm;
any nature from any and all claims or suits resulting from the presence of, or the release or threatened release of, hazardous
substances nn the properly the sponsor i»acquiring.
xsonomm ncoVRms
A �ain�nmn"e.The apnnemsmmnmaimp/m books, �on�".uno,mamm.u�a�mmxe o°wen"e"�a*ngm��Ag�emen and
A. nnmnc�nf�eor�ioemdo��v°4^m=in.in�uuinguutnntum�dtnmmnvn*ngpmmdunmsmmdpm�inovwmo^s"ffi�enmr
pnnm���—
and properly reflect all direct and indirect costs nf any nature expended in the performance n/ this Agreement. Sponsor shall
retain such records for a period of six years from the date RCO deems the project complete . umuefinedim8moinm1r(C) me
below.
|/ any litigation, claim m audit io started before the expiration v/ the six (6) year period, the records shall be retained until all
litigation, claims, vr audit findings involving the records have been resolved.
B ao�uo�/ecn�uan*dam /mnuoo4uimnm|co�.me,eoo�om|udnmto the A8�vme�.,n�udingmu�Aalegensm�dunder the
� Agreement, shall be subject at all reasonable times to inspection, review or audit by RCO, personnel duly authorized uynoo.the
office of the State Auditor, and federal and state officials so authorized by law, regulation orAgreeiment. This includes access to
all information that supports the costs submitted for payment under the grant and all finuingo,conclusions, and recommendations
of the sponsor's reports, including computer models and methodology for those models.
c Public Records. Sponsor acknowledges that the funding board iosubject to chapter *zssmCvv and that this Agreement and any
records sponsor submits or»oasuumittedmtxeStmenhmnbeapmmic record as defined in chapter 42.56 RCW Additionally, in
compliance with RCVV 77.85.130(8), sponsor agrees to disclose any information in regards to expenditure of any funding
received from the Smpn By submitting any record to the state sponsor understands that the Slate may be requested to disclose
or copy that record under the state public records law, currently codified at RCW 42 56. The sponsor warrants that xpossesses
such legal rights ", are necessary to permit the State m disclose and copy such document m respond ma request under state
public records laws. The Sponsor hereby agrees to release the State from any claims arising out of allowing such review or
copying pursuant ma public records act request, and to indemnify against any claims arising from allowing such review or
copying and pay the reasonable cost ^r state's defense of such claims.
SECTION 12, TREATMENT qpASSETS
A. Assets shall remain in the possession of the sponsor for the duration of the project or applicable grant program, When the
ns=ruimnomonvrvuuo�m*aw�K�m'mmuunPo»emn*mm»it was �n4eu.RCow»n�qu|ncm" sponsor vnueh°e'the
"�u �w= �"�mming�nm��mwzi�os oreumm��mirmm*�,va*�"fmea�eg(��RCQxo�wm
aw"e*��RCo.�iopn= asset . �
shall be used only for the purpose rr this Agreement, unless otherwise provided herein ur approved byeCminwriting,
B The sponsor shaV be responsible for any loss or damage to assets which results from the negligence of the sponsor or which
results from the failure an the part of the sponsor to maintain and administer that asset in accordance with sound management
practices.
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SECTION 13. RIGHT opINSPECTION
The sponsor shall provide right of access to the project to RCO, or any of its officers, or to any other authorized agent or official of the
slate m Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance,
arid/or quality assurance under this Agreement.
nm landowner ugnememu,nmr form nf control and tenure has been executed, it will furthe stipulate and define the funding board
and RCO's right to inspect and access lands acquired or developed with funding board assistance.
SECTION 14. nTevw\moewnP AND MONITORING
Sponsor agrees mperform monitoring and stewardship functions as stated io policy documents approved by the funding boards or
RCO. Sponsor further agrees to utilize, where applicable and financially feasible, any monitoring protocols recommended by the
funding board.
SECTION 15. DEBARMENT CERTIFICATION
A. For Federally Funded Projects
By signing the Agreement with RCO, the sponsor certifies that neither it nor its principals nor any other lower tier participant are
presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this
transaction by any Federal department v/agency. Further, the sponsor agrees not # enter into any arrangements o,contracts
related to this Agreement with any party that is on the Office of Inspector General Suspension and Debarment List at
http:�/www.gsaig,gov/�ndex.cfm?LinkServ�D=C4C89080-D2BE-D29A-96355D44Al 3F-4356.
The sponsor (prospective lower tier participant) shall provide immediate written notice mnC0ifm any time the prospective lower
tier participant learns that the above certification was not correct when submitted or has become erroneous by reason of changed
circumstances.
B, For State Funded Projects
By signing the Agreement with RCOl, the sponsor certifies that neither onor its principals nor any other lower merparticipant are
presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this
transaction uy 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 an the "Contractors not Allowed to Bid on Public Works Projects" list at
SECTION 16, PROJECT FUNDING
A. Additional Amounts, The funding board shall not be obligated m pay any amount beyond the dollar amount ao identified mthis
Agreement, unless an additional amount has been approved in advance by the funding board or director and incorporated by
written amendment into this Agreement.
& Before the Agreement, wuexpenditure made, or obligation incurred, by the sponsor before the project start date shall be eligible
for grant funds, in whole or in part, unless specifically provided for by funding board policy, such as a waiver of reiroactivily or
program specific eligible pre-Agreement costs. For reimbursements of such costs, this Agreement must be fully executed and an
original received by RCO. The dollar amounts identified in this Agreement may be reduced as necessary to exclude any such
expenditure from reimbursement.
C� After the period of performance, No expenditure made, or obligation incurred, following the period m performance shall ue
eligible, in whole or in part, for grant funds hereunder. In addition to any remedy the funding board may have under this
Agreement, the grant amounts identified in this Agreement shall we reduced w exclude any such expenditure from participation.
D. Disclosure notice. Projects funded with state Salmon Recovery Funding Board and Puget Sound Acquisition and Restoration
money may be used by RCO, the Puget Sound Partnership or Northwest Indian Fisheries Commission as match to one of the
following federal assistance agreements: 1) United States Department of Commerce Catalog uf Federal Domestic Assistance
Number 11 43x.uro) United State Environmental Protection Agency Catalog nfFemaru� Domestic Assistance Numuesns.12a
and 66.456.
SECTION 17. PROJECT REIMBURSEMENTS
A. This contract is administered on»reimbursement basis, The sponsors may only request reimbursement after eligible and
allowable costs have already been paid by the sponsor and remitted to their vendors. RCO will then reimburse the sponsor for
those costs based upon RCO's percentage as defined in Section F of the Project Agreement of the amount billed to RCO. RCO
does not reimburse for donatlons which the sponsor may use as part of its percentage. Ali reimbursement requests must include
proper documentation ,d expenditures mu required byRon.
B. Compliance and Payment, The obligation of RCO to pay any amoul under this Agreement is expressly conditioned on strict
compliance with the terms af this Agreement uy the sponsor,
C. Compliance and netainpsa.nCO reserves the right m withhold disbursement vfonto the final ten percent (1n%)uf [he total
amount of the grant to the sponsor until the project has been completed. A project is considered "complete" whem
1 All approved ur required activities outlined in the Agreement are done;
2. On-srte signs are in place (if alppllcable)�
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a* final project report m submitted m and accepted bynoo
4 Any other required documents are complete and submitted mRCO;
o *fina| reimbursement request io submitted mRCO;
8 The completed project has been, accepted mvnCm;
T. Final amendments have been processed; and
o , Fiscal transactions are complete.
ary map, if required for the project, for which the Agreement terms will apply imthe future.
91 RQJ has accepted o final bound
D Reimbursement Request Frequency, Sponsors are encouraged to send RCC) a reimbursement request at least quarterly.
u|�u� submit m reimbursement �q�mtmRCo.a,ammimummr each pnUommt least once m year for
8Ppno»rea��muniemoonu�inBuowvn=nJuly 1 and June ou apunaa�must ��rmmvmog�uennvpuNiamo�au opted noO
reim�^�au��mm
policies and procedures mgord|m8 reimbursement requirements,
SECTION I& ADVANCE PAYMENTS
Advance payments ofrrinanticipation of goods or services to be provided under this Agreement are limited to grants approved uy
the SmFa and must comply with SnFepolicy. See vwxC42e1cVso(5).
SECTION 19. RECOVERY opPAYMENTS
In the event that the sponsor fails to expend funds under this Agreement in accordance with state and federal laws, and/or the
provisions of the Agreement, or meet its percentage uf the project total, nCV reserves the right to recover grant award funds inthe
amount equivalent to the exterill of noncompliance in addition to any other remedies available at law or in equity.
The sponsor shall reimburse RcO for any overpayment or erroneous payments made under the Agreement. Repayment by the
sponsor of such funds under fts recovery provision shall occur within 30 days of demand by RCO. Interest shall accrue at the rate of
twelve percent (1u%) per annum from the time that payment becomes due and owing,
SEoTIOmo0� COVENANT AGAINST CONTINGENT FEES
The sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an
Agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide
established agents maintained by the sponsor for the purpose of securing business. RCO shall have the right, |n the event wrbreach
o' this clause bv the sponsor, toterminate this Agreement without liability or, in its discretion, to deduct from the Agreement grant
amount u, consideration nr recover uy other means the full amount nf such commission, percentage, brokerage nv contingent fee.
SECTION 21. PROVISIONS APPLYING TO DEVELOPMENT, RENOVATION AND RESTORATION PROJECTS
The following provisions shall be in force only if the project described in this Agreement is for development, renovation and restoration
w land or facilities for outdoor recreation, habitat conservation, ar salmon recovery:
^ DmmmnnoReview and Appmvu|.The sponsor mg�emtumuum� one copy n« all development, ncncmuoon.�ewmmonor
� construction plans and specificatlons to RCO for review prior to implementation. Review and approval by RCO will be for
compliance with the terms v/ this Agreement.
g
Contracts for Development, Renovation, o, Restoration. Sponsors must have a procurement process that foUowsapplicable state
ond/o, required federal procurement principles, |+no such process exists the sponsor must follow these minimum procedures:
(1) publish a notice `u the public requesting bids/proposals for the project (2:) specify io the notice the date for submittal o/
bids/proposals (3)specify in the notice the general procedure and criteria for selection; and (4) comply with the same legal
standards regarding unlawful discrimination based upon race, ethnicity, sex, or sex-orientation that are applicable to state
agencies 'm selecting " bidder orproposer. This procedure creates ^o rights for the benefit ny third parties, including any
proposers, and may not be enforced or subject to re%dew of any kind or manner by any other entity other than the RCO.
Sponsors may ue required /o certify ,n the nCothat they have followed any applicable state and/or federal procedures o,the
above minimum procedure Where state o, federal procedures do not apply.
�
Contract Change order. Only change orders that impact the amount of funding mchanges to the scope mthe project as
described m and approved uv the funding board vrnCO must receive prior written approval,
D, Control and Tenure, The sponsor must provide documentation that shows appropriate tenure (landowner agreement, long term
lease, easement, or fee simple ownership) for the land proposed for development, renovation or restoration. The documentation
must meet current RCQrequirements.
E Nondiscrimination, Except where a nondiscrimination clause required by a federal funding agency is used, the sponsor shall
insert the following non discnmi nation clause in each contract for construction of this project:
-During the performance of this contract, the contractor agrees m comply with all
federal and state nondiscrimination laws, regulations and pulicmo^
F Use of Best Management Practices. Project sponsors are encouraged muse best management practices developed as part of
the Washington State Aquatic Habitat smiden»ru(**G) Program, The best management practices are described in three
documents: "Stream Habitat Restoration Guidelines: Final Dmft".2OO4, "Design "f Road Culverts for Fish Paesage'.2003;and
"Integrated Streambank Protectlon Guidelines", 2002. These documents and other information can be found on the AHG website.
�1c Gu|m��v����vma
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SECTION 22. PROVISIONS APPLYING rn ACQUISITION PROJECTS
The following provisions shall uoin force only if the project described in this Agreement m for the acquisition m interest m real properly
(including easements) for outdoor recreation, habitat conservation, salmon recovery purposes, or farmland preservation:
A Evidence of Land Value. Before disbursement of funds by RCO as provided under this Agreement, the sponsor agrees to supply
documentation acceptable to RCO that the cost of the property rights acquired has been established according to funding board
nv|my,
B, Evidence ofmm, The sponsor agrees to provide documentation that shows the type of ownership interest for line property that
has been acquired This shall bedone before any payment uf[nanma|assistance.
C. Legal Description of Real Property Rights Acquired. The legal description of the real properly rights purchased with funding
assistance provided through this project Agreement (and protected by a recorded conveyance of rights to the State of
Washington) shall mu incorporated into the Agreement before final payment.
D. Conveyance of Rights tu the State mf Washington. Document securing long-term rights for the State nrWashington. When real
properly rights (both fee simple and lesser interests) are acquired, the sponsor agrees to execute an appropriate document
conveying certain rights and responsibilities to RCO, on behalf of the State of Washington. These documents include m Deed or
Right, Assignment uf Rights, Easements and/or Leases, The sponsor agrees m use document language provided »vnCn.m
record the executed document in the County where the real property lies, and to provide a copy of the recorded document to
RCO. The document required will vary depending on the project type, the real property rights being acquired and whether ornot
those rights are being acquired ,nperpetuity.
1� Deed ofRight. The Deed of Right conveys to the people of the state of Washington the right to preserve, protect, and/or
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
sponsor has acquired m perpetual easement for public purposes.
Z Assignment o,Rights, The Assignment ur Rights document transfers certain rights such an access and enforcement m
RCO. Sponsors shalt use this document 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 must be incorporated
uv reference io the easement document.
a. Easements and Leases, The sponsor may incorporate required language from the Deed of Right or Assignment of Rights
directly into the easement or lease document, thereby eliminating the requirement for a separate document. Language will
depend or, the situation; sponsor must obtain RCO approval an the draft language prior to executing the easement orlease.
E, Real Property Acquisition and Relocation Assistance
1� When federal funds are part nvthis Agreement, the Sponsor agrees to comply with the terms and conditions m the Uniform
Relocation Assistance and Real Properly Acquisition Policies Act uf1a7o$4 Stm,189w(1n7o)-fublic Law e1-6ws.as
amended by the Surface Transportation and Uniform Relocation Assistance Act, PL 100-17-1987, and applicable regulations
and procedures of the federal agency implementing that Art
u. When state funds are part ua this Agreement, the sponsor agrees m comply with the terms and conditions of the Uniform
Relocation Assistance and Real Property Acquisition ponovnxthr0ote of Washington, Chapter o,zoxCvv and Chapter
*08'100 vv^c.
a. Housing and Relocation. |n the event that housing and relocation couts.mumnu|'euuyfedera||ownetuutimuubmection(1)
above andmr state law set out in subsection (2) above, are involved in the execution of this project, the sponsor agrees to
provide any housing and relocation assistance required.
F Buildings and Structures. In general, grant funds are to The used for outdoor recreation, habitat conservation, or salmon recovery,
Sponsors agree m remove or demolish ineligible structures. Sponsors must consult *CO regarding compliance with section o
Archaeological and Cultural Resources before structures are removed nrdemolished.
SECTION 23. RESTRICTION ON CONVERSION opREAL PROPERTY AND/OR FACILITIES TO OTHER USES
The sponsor shalt not mt any time convert any real property or facility acquired, developed, renovated, and/or restored pursuant to this
Agreement to uses other than those purposes for which funds were approved without prior approval of the funding board in
"nmpxanor with applicable statutes, rules, and funding board policies. n|m the intent ofthe funding board's conversion policy, current
u'ao amended in the future, that all real property m facilities acquired, developed, renovated, and/or restored with funding assistance
remain in the public domain |n perpetuity unless otherwise identified |nthe Agreement orow approved uy the funding board
Determination of whether a conversion has occurred shall be based upon applicable law and RCFB/SRFB policies,
For acquisition projects that are term limited, such as one involving a lease or a term-limited restoration, renovation, or development
project o, easement, this restriction on conversion shall apply only for the length cd the term, unless otherwise provided inwritten
documents u/ required uy applicable state ur federal law. |v such case, the restriction applies to such projects for the length n/the
term specified up the lease, easement, deed, or landowner agreement.
When ,conversion has been determined to have occurred, the sponsor is required mremedy the conversion per established funding
board policies.
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SECTION 24. CONSTRUCTION, OPERATION, USE AND MAINTENANCE oF ASSISTED PROJECTS
For acquisition, dmve|vpmem.nvmmmunnand remvm«on��e�s.sovnoummuo ennum��pmpemesur�mome assisted with
funding board 'ndu.mcluo|ngundeveopemsuno.««:uum.opemted.xseu,mmuma|mainvd:
A, According to applicable federal, state, and local laws and regulation% incIuding public health standards and building codes.
B. |no reasonably safe condition for the project's intended use.
C, Throughout its estimated life aomsxo prevent undue deterioration.
D, In compliance with all federal and state nondiscrimination laws, regutohnno and policies.
For! acquisition, development, renovation and restoration projects, facilities open and accessible to the general public must:
E, Be constructed and maintained to meet or exceed the minimum requirements of the most current local mstate codes. Uniform
Federal Accessibility Standards, guidelines, or rules, including but not limited to: the International Building Code, the Americans
with Disabilities Act, and the Architectural Barriers Act, omupdated,
r� Appear attractive and inwmnB^o the public except for brief installation, construction, ur maintenance periods.
G. Be available for use by the general public without reservation at reasonable hours and times of the year, according to the type of
area or facility.
SECTION 25. INCOME AND INCOME USE
A, Income.
1, Compatible source� The source of any income generated in a funded project or project area must be compatible with the
funding source and the Agreement.
o Fees. User and/or other fees may me charged in connection with land acquired or facilities developed with funding board
i��mwxu*mr�
gran�/«mn fees p�oonn �
(m) Value of any meraor(e) furnished;
cu> Value ur any opportunities furnished; and
(c) prevailing range of public fees in the state for the activity involved.
Excepted are Firearms and Archery Range Recreation Program safety dasses (firearm and/or hunter) for which a
fax|mv/runme fee must not uo charged (Chapter 7n*.uo.z1ORCM,
e � income use. Regardless of whether income or fees in a project work site (including entrance, utility corridor permit, cattle grazing,
timber harvesting, farming, etc ) are gained during or after the reimbursement period cited in the Agreement, unless preuuueumy
state ur federal law, the revenue may only me used tooffset:
1, The sponsor's matching funds;
x The project's total ^n*
3. The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility m program assisted t9the
funding board grant
4. The expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the sponsor's
system; and/or
e. Capital expenses for similar acquisition and/or development.
SECTION 26� PREFERENCES FOR RESIDENTS
Sponsors shall not express a preference for users of grant assisted projects on the basis of residence (including preferential
reservation, m°mo*�mp.vn�»rpom^tnvu�ms)exum�m��aemnab�wimon°�esinadm^xmionanuomer�eamvyuvmainmimed
~ ' Even the funding ooa�mwonu�ge"meimpvumowofuimanenuo|�rs Fees �,00nmuiumnuomu�not
vn�evasioprma�anm`� ��so,
exceed twice the fee imposed o» residents. Where there .unofee for residents but p fee iv charged \o nonresidents, the nonresident
fee shall not exceed the amount that would ue imposed mn residents atcomparable state ur local public facilities,
SECTION 27. PROVISIONS RELATED To CORPORATE (INCLUDING NONPROFIT) SPONSORS
Acmpvrate Sponsor, including any nonprofit sponsor, shall:
A Maintain corporate status with the state, ncluding registering with the Washington Secretary of State's office, throughout the
nsorwvumpu*unmmopmiumns.dcnt�edin the *g�cment.
svu
B Notify RmO prior tocorporate disan|odum Within 30 days of dissolution the sponsor shall name a qualified successor that will
agree ip writing m assume any ongvin0 project responsibilities. Aqum|ifiom successor ie any party eligible m apply for funds im
the subject grant program and capable o« complying with the terms and conditions o( this Agreement. *CO will process mn
amendment transferring the sponsor's obligation w the qualified successor if requirements are met,
C� Sites o, facilities open m the public may not require exclusive use, <e g, members nnh4,
Salmon ,Project Agreement - RCO #13-1221 C Salmon Funding Accounts
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ssornmzm� LIABILITY INSURANCE REQUIREMENTS FOR FIREARMS AND ARCHERY RANGE SPONSORS
A. The sponsor of^firearms or archery range recreation project shall procure am endorsement, orother addition, mliability
insurance it may currently carry, or shall procure a new policy of liability insurance, in a total coverage amount the sponsor
deems adequate m ensure u will have resources m pay svm=r#"t claims p/ persons who may ur killed ur injured, orsuffer
damage w property, while present at the range facility m which this grant is related, oruv reason pf being in the vicinity of that
facility; provided that the coverage shall uamt least one million dollars ($1.ano'ono) for the death of, ur injury to, each person,
B. The liability insurance policy, including any endorsement or addition, shall name Washington State, the funding board, and nCO
as additional insured and shall ue,ma form approved bw the funding board mrdirector.
c� The policy, endorsement or other addition, or a similar liability insurance policy meeting the requirements of this section, shall be
kept m force throughout the sponsor's omiga*nnm the 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 (30) calendar days m advance ofany cancellation of the policy by the insurer, and within ten (10)
calendar days following any termination of the policy by the sponsor.
E. The requirement of Subsection * through oabove shall not apply » the sponsor ism federal, state, m municipal government
which has established a program of self-insurance or a policy of self-insurance with respect to claims arising from its facilities or
activities generally, including such facilities as firearms or archery ranges, when the applicant declares and describes that
program nr policy asm part "(uy application m the funding board.
F. By this requirement, the m^dim0 oowmi and nC0000s not assume any duty m any individual person with respect mueath. injury,
or damage to property which that person may suffer while present at, or in the vicinity of, the facility to which this grant reates,
Any such person, or any other person making cIaims based on such death, injury, or damage, must look to the sponsor, or
others, for any and all remedies that may be available uvlaw.
SECTION 29. REQUIREMENTS op THE NATIONAL PARK SERVICE
|[ the project has been approved by the National Park Service, UG Department of the Interior, for funding assistance from the federal
Land and Water Conservation Fund (LWCF), the "Project Agreement General Provisions" in the LWCF State Assistance Program
Federal Financial Assistance Manua|arearaomvdepauofmin*greemen/. The sponsor shall abide by these uwCFGeneral
Provisions, m addition tn this Agreement, as they now exist ar are hereafter amended Further, the sponsor agrees m provide nCo
with reports or documents needed to meet the requirements of the LWCF General Provisions,
SECTION 30, FARMLAND PRESERVATION ACCOUNT
For projects funded through the Washington Wildlife and Recreation Program Farmland Preservation Account, the following seotions
will not apply if covered separately in a recorded RCO approved Agricultural Conservation Easement.
^ Section Acknowledgement and Signs,
'
Section 10 -Hazardous Substances,
'
Section 14 Stewardship and Monitoring
~ seuuu" 22 Provisions Applying to Acquisition pn4rcts. Sub-sections F and G.
-
Section 23 Restriction on Conversion of Real Property and/or Facilities |v Other Uses,
~
Section 24 - Construction, Operation, Use and Maintenance of Assisted Projects, Sub-sections E, F, G, and
^
Section os' Income and Income Use
SECTION 31. ORDER ofPRECEDENCE
This Agreement w entered into, pursuant to, and under the authority granted tymnplico»le feueraandmmte|aws.Thepmvia.nnyor
the Agreement shall me construed m conform /u those laws. In the event uran|nuvwuiswncyiw the terms or this Agreement, o,
between its terms and any applicable statute, rule, or policy or procedure, the inconsistency shall be resolved uy giving precedence in
the following nrdec
^, *pvncame federal and/or state statutes, regulations, policies and procedures including RCO/funding board policies and
procedures, applicable federal Office of Management and Budget (oMe) circulars and federal and state executive orders;
B Project agreement including attachments;
C, Srmum|CondiVonu
o Standard Terms and Conditions m the Project Agreement.
SECTION 32. mmswDMswTm
Amendments ,v this Agreement shall ue binding only «in writing and signed hv personnel authorized * bind each ofmmparties
except period of performance extensions and minor scope adjustments need only be signed by RCO's director or designee.
SECTION 33. LIMITATION opAUTHORITY
Only RCourecO's delegate *y writing (delegation tow= made prior w action) shall have the express, implied, m apparent authority
to alter, amend, modify, or waive any clause or condition of this Agreement. Furthermore, any alteration, amendment, modifiration, Or
waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by RCO
Salmon Project Agreement -ntO#13-1zc1C Salmon Funding Accounts
Chapter r7.ms*CW, Chapter 42ovwAt Page `^of 1e
pwoJxaxepr
SECTION 34. WAIVER OF DEFAULT
m�aw�������W�mu»�������
m�°cofmny���uu��unm������e«i ruf any omern,vv�aouemu�uo» and o»munmueconmuueumumemoum��oo«r
;�e=m�mauaxmum�u��meum�ea�wwr'suu,inw,�nmmign�umythe�/��uc�rm�m��mr.w�e^ignaa and ouachemmma
*ex+rmonf��*g�vm=n�un/esmmo=oo,v"" . .
oog/na|^greement.
SECTION 36. APPLICATION REPRESENTATIONS —MISREPRESENTATIONS On INACCURACY oR BREACH
The funding board and RCO rely on the sponsor's application in making its determinations as to eligibility for, selection for, and scope
of, funding grants. Any misrepresentation, error or inaccuracy in any part of the application may be deemed a breach of this
«*«emam.
up��|p|t�enFoRMAmcE
SECTION 3'6. n�n�m|o*g��ommuym��me��orspoo�cpowonmm�� ��ich�ma|�vwn�emnuvm nn
The funding ov�� and RCo may enforce . ,_.
nf the pmjec a»d=�m»odin this AB�emem. However, meremedy oroPp�mcpe*�nnanoao»aUn�un the sole or exclusive emmuy
available to Nu remedy �mnmm|etnm* funding board orRCO s»axuo deemed exu|uwve The h^ndingboard o,RCq may e|rm
i '` '�ombin�iunox ornU��emmediaaavmi|mme tuitunde,tmnAn�emento/vnueramypmws|nmof|aw.uummun
law, or equity.
me^�mu�o*y,m .
SECTION 37� TERMINATION
��g������mn��r������m���m���i��nm��
Txe�ndmgu»^�en�aCn�m�n
m ' the =nvirrmemso( the app/oao/c gmuwm ^ mvns and �|�nuimnuummand RCopw|ir�s '
and �m�emp�ae^�m°m"nf�e sponsor in its application for v grant um finally approved uythe funding board
*, For Cause. The funding board or the director may suspend orterminate the obligation m provide funding w the sponsor under
this Agreement: � of any / |n,xe��mnr�ny*�oc*uy �spomso, �
� mi|s�umakenmgmw"mmns�om'y�thefmndin8unm�nrm|�*n'tuwa�oomp|e*innnf�xrn�"�uvthe
ii�|f�nsp"»aor
completion date set out in this aQremment� Included imp �g m=suiu adherence m milestones and other defined deadlines
In the event this Agreement is terminated by the funding board 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 board or director may require that
any amount paid be repaid mRoQ for mdePuuu into the account from which the funds were derived.
B Non Availability vfFunds, The obligation »f the nCO to make payments io contingent cm the availability m state and federal funds
through legislative appropriation and state allotment, n amounts sufficient m fund the grant made under this Agreement are not
appropriated to RCO for expenditure for this Agreement in any biennial fiscal period, RCO shall not be obligated to pay any
remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the Office of Financial
Management occurs If RCO participation is suspended under this section for a continuous period of one year, RCO's obligation
m provide any (uture funding under this Agreement shall terminate. Termination d the Agreement under this section isnot
subject m appeal uv the sponsor.
C. For Convenience. Except as otherwise provided in this Agreement, RCO may, by ten (10) days written notice, beginning on the
second day after the mailing, terminate this Agreement, im whole or in, part. n this Agreement iayoterminated, RCO shall ueliable
only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of
SECTION 38. DISPUTE HEARING
Except as may otherwise ue provided m this Agreement, whena dispute arises between the sponsor and the funding board,
wmrx
cannot be resolved, either party may request a dispute hearing according to the process set out in this section. Eu»er party's request
,uvm writing and �va'�m�m�
�a��e��mma
A The disputed issues;
B. The relative positions o, the parties;
� name, ed��an mn*��88� mndt»eaoaionemo"�*moumbur
C. Toeopn�su " . . .
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 uhamurused to resolve those specific issues. The dispute shall on heard vvv panel uf 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.
an»eannNunder tmsar�innmhw|umim�nma».°wmmuop*nmcn�nrn=a"mua determined uyu=mmpw�a panel a�ominmmm*
n»'�and ovmp|cx��mv issues i~m�eo,The nmnr°"may memu|eh based nmwmxenmatova|ifmopumeomnoo�=,The
disputes panel shall m° governed *v the provisions u'this Agreement in deciding the disputes
The parties shall he bound by the derision of the disputes panel, unless the remedy directed by that panel shall be without the
authority of either or both parties to perform, ms necessary, or|s otherwise unlawful.
Request for a disputes hearing under this section by either party shall be deljvered or mailed tv the other party. The request shall u'
delivered or mailed within thirty (am) days Of the date the requesting party has received notice m the action v, position uf the other
�C ��momFvnmno�o��u��
Salmon "Project Agreement pa��`sm`e
o��r�.�mo�c��'4�W�
pROJAs.nn
party which u wishes to dispute, The written Agreement m use the process undamwoecuu:trreaw*um*mnsemoueoahall be
delivered or mailed by the receiving party to the requesting party within thirty (30) days of receipt by the receiving party of the request,
All costs associated with the implementation of this process shall be shared equally by the parties.
SECTION 39. AT7OmveYa'rsES
In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own attorney fees and costs.
SECTION 40. GOVERNING LAwnEmue
This Agreement shall be construed and interpreted in accordance with the laws ur the State of Washington, m the event m/alawsuit
involving this Agreement, venue shall be in Thurston County Superior Court if legally proper; otherwise venue shall The in a county
where the project is situated. The sponsor, by execution of this Agreement acknowledges thejuUaUimonmmeoomrt*nrmeGta«eur
Washington.
|n the cases where this Agreement is between the funding board and n federally recognized Indian Tribe, the following governing
ia*uvemuompp|iem:
A. Notwithstanding the above venue provision, if the State of Washington intends to initiate a lawsuit against a federally recognized
Indian tntbe relating to the performance, breach or enforcement of this Agreement, it shall so notify the Tribe. |r the Tribe believes
that a good faith basis exists for subject matter jurisdiction of such a lawsuit in federal court, the Tribe shall so notify the State
within five days of receipt of such notice and state the basis for such jurisdiction. n the Tribe au notifies the State, the State uoaU
bring such lawsuit in federal court� otherwise 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, w the event
suit is brought in federal court and the federal court determines that it lacks subject matter jurisdiction to resolve the dispute
between the State and Tribal Party, then the parties agree to venue in Thurston County Superior Court.
B� Any judicial award, determination, order, decree or other relief, whether in law or equity or otherwise, resulting from such
lawsuit shall be binding and enforceable m` the parties. Any money judgment or award against a Tribe, tribal officers and
members, nr the State of Washington and its officers and employees may exceed the amount provided for im Section F-Project
Funding cK the Agreement in order m satisfy the judgment.
C. The Tribe hereby waives its sovereign immunity for suit in state court for the limited purpose ,* allowing the State m bring such
actions auu determines necessary to give effect m this section and to the enforcement of any judgment relating mthe
performance vr breach e, this Agreement. This waiver is not for the benefit of any third party and shall not be enforceable by any
third party u'uv any assignee uf the parties. m any enforcement action, the parties shall bear their own enforeementcosts,
inpmuingmmvrneyu'am
For purposes of this provision, the State includes the RCO and any other state agencies that may be assigned or otherwise Obtain the
right of the RCO to enforce this Agreement.
SECTION 41. SEvExAexuTv
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 o, invalidity shalt not affect the validity m the remainder u, the Agreement.
Salmon Project Agreement 'RCO #13n221C Salmon Funding Accounts
Chapter n.85xcW, Chapter 420 WAC Page em1e
pnoJ^smxpr
Legal Description
Project Sponsor: Jefferson County
Project Title: Duckabush Floodplain Acquisition 2013
Worksite Name
Property Name
Legal Description
Worksite #1 Duckabush Powerlines
Gregory
Worksite #2 DosewalliPs Powerlines
Fulton
Project Number: 13-1221 C
RCOApproval: 12/04/2013
LEGALE)SC.RPT October 10, 2414 Page 1
Eligible Scope Activities
Project Sponsor; Jefferson County Project Number. 13-1221
Project Title: Duckabush Floodplain Acquisition 2013 Project Type- Acquisition & Restoration
Program: Salmon Federal Projects Approval: 12/4/2013
Acquisition Metrics
Property: Fulton (Worksite #2, Dosewallips Powerlin,es)
Real Property Acquisition
10,00
Easement
2.50
Easement type
Habitat Conservation
Acres by Acreage Type (easement):
Riparian
0.30
Incidentals
1930
Signs(Acq)
Number of permanent signs that identify site and funding partners:
Property: Gregory (Worksite #1, Duckabush Powerlines)
13.20
Real Property Acquisition
2.00
Easement
Easement type
Access, Habitat Conservation, Other
Easement
Acres by Acreage Type (easement):
Wetlands
10,00
Riparian
2.50
'Uplands
2.70
Incidentals
Demolition
Buildings / structures to be demolished:
1930
Noxious weed control
Acres treated for noxious weeds by method-.
Chemical
13.20
Mechanical
2.00
Signs(Acq)
Number of permanent signs that identify site and funding partners:
5
Restoration Metrics
Worksite #1, Duckabush Powerlines
ELIGREIM RPT October 10, 2014 Page.
Eligible Scope Activities
Targeted salmonid ESU /DPS:
Chinook Salmon-Puget Sound ESU,
Chum Salmon-Hood Canal Summer-run
ESU, Coho Salmon-Puget Sound/Strait
of Georgia ESU, Pink Salmon-Odd year
ESU, SteeIhead-Puget Sound DPS
Targeted species (non-ESU species):
Unknown
Project Identified In a Plan or Watershed Assessment:
Washington Department of Fish; &
Wildlife and Point No Point Treaty
Tribes, 2005, Shared Strategy for
Salmon Recovery - Mid Hood Canal
Chinook Recovery Planning Chapter
httpi//www.sharedsalmonstrategy.org/pla
n/vol2.htm p. 110
50 CFR Part 226 NOAA Designation of
Critical Habitat for Lower Columbia River
Coho Salmon and Puget Sound
Steelhead
Type of Monitoring:
None
Riparian Habitat Project
Total Riparian Miles Streambank Treated:
0.50
Total Riparian Acres Treated:
115
Planting
12.0
Acres Planted in riparian:
Miles of streambank planted:
0.50
General restoration activities
Restoration fencing and gates
Number of gates:
1
Linear feet of fencing:
100
Worksite #2, DosewallipS Powerlines
Targeted salmonid ESU/DPS:
Chinook Salmon-Puget Sound ESU,
Chum Salmon-Hood Canal Summer-run
ESU, Coho Salmon-Puget Sound/Strait
of Georgia ESU, Pink Salimon-Odd year
ESU, Ste6head-Puget Sound DPS
Targeted species (non-ESU species):
Unknown
Project Identified In a Ptian or Watershed Assessment
Item 20 of Appendix C1 of the Mid Hood
Canal Chinook Recovery Planning
Chapter of the Shared Strategy for
Puget Sound for the Dosewallips River
lists, "Purchase remaining property in
the powerlines reach."
Type of Monitoring:
None
October 10, 2014 Page
ELIGREIM.RPT
Milestone Report By Project
Project Number: 13 -1221 C
Project Name: puckabush Floodplain.Acquisition 2013
Sponsor: Jefferson County of
Project Manager: Mike Ramsey
X Milestone Target Date commentsiDescription
X Project Start 12/04/2013
X
Girder Appraisal(s)
02/28/2014
Progress Report Submitted
10/31/2014
X
X
i
I
Order Appraisal Review(s)
Purchase Agreement Signed
02/01/2015
04/01/2015
r
Progress Report Submitted
04130/2.015
Acquisition Closing
08/01/2015
X
Environmental Assess Complete
06/01/2015
Recorded Acq Documents to RCO
07/01/2015
Cultural! Resources Complete
07/01/2015
Annual Project Billing
07131/2015
Baseline Documentation to RCO
09101/2015
Recorded Land Survey to RCO
00/01/2015
Progress Report Submitted
09130/2015
Applied for Permits
12131/2.015
r
Preliminary Design to RCO
03/3112016
Planting plan
Restoration Started
03131/2016
i
Progress Report Submitted
04/30/2016
X
Permits Complete
05/31/2016
Landowner Agreement to RCO
06/30/201'6
Annual Project Billing
07/31/2016
i
Progress Report Submitted
0913012016
Demolition Complete
10/0112016
Fending Complete
10101/2016
Funding Acknowl Sign Posted
10/0112016
RCO Final Inspection
11/3012016
Noxious Weed Controll Complete
12/01/2016
Stewardship Plan to RCO
1210112016
1MILE:STO.RPT October Iii, 2014 Page_ 1
Milestone Report By Project
X = Milestone COMPlOte
1 = Critical Milestone
1 MILESITro RPT October 10, 2014 Page