HomeMy WebLinkAbout122115_ca05<� 615 Sheridan Street
Port Townsend, WA 98368
/ www.JeffersonCounfyPublicHealfh.org
is He� Consent Agenda
Dec 2, 2015 0
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Tami Pokorny, Environmental Health Specialist II
DATE: �' / � C)
SUBJECT: Agenda Item –Project Agreement Amendment #1 – Quilcene
Acquisitions, 2012, RCO #12-1384C
STATEMENT OF ISSUE:
Jefferson County Public Health (JCPH), Water Quality Division, requests Board approval of the Amendment
to the Project Agreement between JCPH and WA State Recreation and Conservation Office (RCO) to remove
two properties from the original contract description and replace those removed with three others;
12/6/2012-6/30/2016.
ANALYSIS/ STRATEGIC GOALS/PRO'S and CON'S:
Specifically this amendment's purpose is to amend the Project Agreement between JCPH and RCO to
adjust the description by removing the Bergeson and Newman properties and replacing them with the
Henderson, James, and Phelps properties. In all other respects, the agreement remains unchanged. Please
note: upon further discussion with Mike Ramsey (RCO project administrator), the amendment's number was
clarified. As a result of internal RCO database functions, the amendment is numbered five (5); internal
adjustments made in the Compusearch Prism software accumulate often resulting in seemingly out of
sequence numbering. For all practical purposes, JCPH knows this amendment as "Amendment 1, Quilcene
Acquisitions Project, RCO #12-1384C."
FISCAL IMPACT/COST BENEFIT ANALYSIS:
The amendment incurs no further revenue or expense.
RECOMMENDATION:
JCPH management request approval of Washington State Recreation and Conservation Office Amendment
#1 to Quilcene Acquisitions Project, 2012, RCO #12-1384C; 12/6/2012 – 6/30/2016.
R
flip Mo le County A mini rator Date
Community Health
Developmental Disabilities
360-385-9400
360-385-9401 (f)
Always working for a safer and healthier community
Environmental Health
Water Quality
360-385-9444
(f) 360-379-4487
y WASHINGTON STATE
Recreation and
Conservation Office Amendment to Project Agreement
Project Sponsor: Jefferson County
Project Title: Quilcene Acquisitions 2012
Amendment Type:
Agreement Description Change
Amendment Description:
Project Number: 12-1384C
Amendment Number: 5
Amend description to remove the 4rrsti and Newman Properties and add the
Henderson, James, and Phelps Properties.
Agreement Terms
In all other respects the Agreement, to which this is an Amendment, and attachments thereto, shall
remain in full force and effect. In witness whereof the parties hereto have executed this Amendment.
State Of Washington
Recreation and Conservation Office
BY: _,A� �1 Z
aleen Cottingham
TITLE: Director
DATE: I l l~
Pre -approved as to form
BY: /S/
Assistant Attorney General
Project Sponsor
AGENCY:
BY:
TITLE:
DATE:
Approved as o form ooh
6jeffer"Sorw Ce. lro"S��tor"< office
David Alvarez, Chief Civil DPA
SAL Project Agreement Description Change Amendment
State Building Construction Account RCW 77.85, WAC 420
AMENAGR2.RPT
Amendment Agreement Description
Project Sponsor: Jefferson County Project Number: 12-1384 C
Project Title: Quilcene Acquisitions 2012 Amendment Number: 5
Agreement Description
Jefferson County intends to acqunrei, fee simple, up to three parcels totalling 2.1 acres and demolish structures, treat
invasive species and restore Wmative vegetation in an area considered essential to long -terra restoration goals for the Big
Quilcene River and estuary. The Henderson, James, and Phelps Properties, are located within the historic high-risk
channel migration zone adjacent to properties previously acquired in by Jefferson County.
The properties are identified in the Puget Sound Nearshore Ecosystern Restoration Project Final Conceptual Design
Report (PSNERP March 2011 Chapter 3) for restoration measures to improve time integrity and resilience of the
nearshore ecosystem of Hood Canal. This project is also intended to corriplernent the FICSEC Bug Quilcene Delta
Acquisition Project funded by the SRFB in 2011. The ultimate goal is to support high quality riparian habitat for Hood
Canal Summer Chum by returning disturbed lands to healthy riparian forest as part of an activated floodplain and
channel migration zone.
AAGREEDSC.RPT November 24, 2015 Page 1
y WASHINGTON STATE
Recreation and
Conservation Office Salmon Project Agreement
Salmon Funding Accounts
Project Sponsor: Jefferson County Project Number: 12-1384C
Project Title: Quilcene Acquisitions 2012 Approval Date: 12/5/2012
A. PARTIES OF THE AGREEMENT
This project grant Agreement (Agreement) is entered into between the State of Washington by and through the
Salmon Recovery Funding Board (SRFB) and the Recreation and Conservation Office, P.O. Box 40917, Olympia,
Washington 98504-0917 and Jefferson County (sponsor), PO Box 1220, Port Townsend, WA 98368 and shall be
binding on the agents and all persons acting by or through the parties.
B. PURPOSE OF AGREEMENT
This Agreement sets out the terms and conditions by which a grant is made from the Salmon Funding Accounts of
the State of Washington. The grant is administered by the Recreation and Conservation Office (RCO) to the sponsor
for the project named above.
C. DESCRIPTION OF PROJECT
Jefferson County intends to acquire, fee simple, up to three parcels totalling 2.1 acres and demolish structures, treat
invasive species and restore native vegetation in an area considered essential to long-term restoration goals for the
Big Quilcene River and estuary. The parcels, owned by Mr. Bergeson and Newman, are located within the historic
high-risk channel migration zone adjacent to properties previously acquired in by Jefferson County.
The properties are identified in the Puget Sound Nearshore Ecosystem Restoration Project Final Conceptual Design
Report (PSNERP March 2011 Chapter 3) for restoration measures to improve the integrity and resilience of the
nearshore ecosystem of Hood Canal. This project is also intended to complement the HCSEG Big Quilcene Delta
Acquisition Project funded by the SRFB in 2011. The ultimate goal is to support high quality riparian habitat for Hood
Canal Summer Chum by returning disturbed lands to healthy riparian forest as part of an activated floodplain and
channel migration zone.
D. PERIOD OF PERFORMANCE
The project reimbursement period shall begin on December 6, 2012 and end on June 30, 2016. No expenditure
made before or after this period is eligible for reimbursement unless incorporated by written amendment into this
Agreement or specifically provided for by RCFB and/or SRFB policy or WAC.
Requests for time extensions are to be made at least 60 days before the Agreement end date. If the request is
made after the Agreement end date, the time extension will be denied.
The sponsor has obligations beyond this period of performance as described in Section E.
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 of the site or facility to serve the purpose for which it was intended in perpetuity unless
otherwise identified in this Agreement.
F. PROJECT FUNDING
The total grant award provided by the funding board for this project shall not exceed $207,900.00. The funding board
shall not pay any amount beyond that approved for grant funding of the project and within the funding board's
percentage as identified below. The sponsor shall be responsible for all total project costs that exceed this amount.
The contribution by the sponsor toward work on this project at a minimum shall be as indicated below:
SRFB - Salmon State Projects
Project Sponsor
Total Project Cost
Salmon Project Agreement - RCO #12-1384C
Chapter 77.85 RCW, Chapter 420 WAC
PROJAGR.RPT
Percentage
DollarAmount
80.61%
$207,900.00
19.39%
$50,000.00
100.00%
$257,900.00
Salmon Funding Accounts
Page 1 of 17
G. RIGHTS AND OBLIGATIONS
All rights and obligations of the parfses to this Agreement are subject to thus Agreement and Its attachments, as now
existing or hereafter amended, lncluding the sponsor's application, eligPbtle scope activities, project milestones, and
the Standard Terms and Conditions of the project Agreernent, all of wh'icli are Incorporated herreln,
Except as provided herein, no amendment/deletions of any of the terms or conditions of tins Agreement will be
effective unless provided in writing. All such amendment/deletions must be signed by both parties except the RCO
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 77,85 RCW, Chapter 4201 WAC, and published agency policies, which are
Inxorporated herein by th Is reference as if fully set forth„
1. SPECIAL CONDITIONS
None
J. FEDERAL FUND INFORMATION
(none)
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:
Rmip Ist SRFB
Name: Tami Pokorny Recreation and Conservation Office
Title: Natural Resources Specialist Natural Resources Building
Address: 615 Sheridan St PO Box 40917
Port Townsend, WA 98368 Olympia, Washington 98504-0917
Email: tpokorny@co.jefferson.wa.us
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.
K EFFECTIVE DATE
This Agreement, for protect 12-1384C, shall be subtext to the written approval of the RCO ,s authorizers represents ive
and shall not be effective and binding until executers 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 ....�_..a. _... ...— .............,,.. . ..
ro ect - RCO #12-1384C Salmon Funding Accounts
Chapter 77.85 RCW, Chapter 420 WAC Page 2 of 17
PROJAGR, RPT
The sponsods has read, fully understands, and agrees to be bound by all terms and conditions as set forth in this
Agreement, The signatory listed below represent and warrant their authority to bind the parties to this Agreement.
Jefferson Ci
By:
Name:
Title:
m
IOate°
State of Washington
J Board (SRFB)
On behalf of tttta alm n
RecoveryFu dine
By. -31
Date —�
een Cottirtgh . rn
Director
Pre -approved as to form;
By: /s/ Date: dune 27, 2011
Assistant Attorney General
Approved ! !
as to n
qIL
rosec I's (ew,
. 'Ea I V E�r
APR 2 57('10
Iii C `
f�,EMiOrdANiI.)��UI`,pli:��`bQlio,io U)1k Yf;u':
Protect Agreement - RCO #12-1384
...— .—..... —...m..—...... er 77.85 RCW, Chapter 420 WAC �.
Salmon 4C a mon Funding Accounts
pPage 3 of 77
Cha
PROJAGR.RPT
Standard Terms and Conditions
of the Project Agreement
Table of Contents
HAZARDOUS SUBSTANCES...............................................................................
Page
SECTION 1.
CITATIONS, HEADINGS AND DEFINITIONS........,..„...........................•.•.•.....,..,.•.••.•.•
6
SECTION 2.
PERFORMANCE BY THE SPONSOR.....................................................................
8
SECTION3.
ASSIGNMENT ............... .............. ........ ...........,.,.......... ..... -- ........ ........
8
SECTION 4.
RESPONSIBILITY FOR PROJECT........: .... ...... ......... ................. ,..,.............. ....,.....,
8
SECTION 5.
INDEMNIFICATION------- ......... ........ ......... ..-1... ................
8
SECTION 6.
INDEPENDENT CAPACITY OF THE SPONSOR.......................................................
8
SECTION 7.
CONFLICT OF INTEREST.... ...,... ....... ....... .......„. .......
8
SECTION 8.
ACKNOWLEDGMENT AND SIGNS........................................................................
8
SECTION 9.
COMPLIANCE WITH APPLICABLE LAW...............................................................
9
SECTION 10.
HAZARDOUS SUBSTANCES...............................................................................
10
SECTION11.
RECORDS.„... .................... ............. ........ ..,..............,
10
SECTION 12.
TREATMENT OF ASSETS.... ........:. ......... .................... ...............
10
SECTION 13.
RIGHT OF INSPECTION.......................................................................................
10
SECTION 14.
STEWARDSHIP AND MONITORING......................................................................
10
SECTION 15.
DEBARMENT CERTIFICATION. —... - . . ......... ............ ......... ---- ........
11
SECTION16.
PROJECT FUNDING...........................................................................................
11
SECTION 17.
PROJECT REIMBURSEMENTS............................................................................
11
SECTION18.
ADVANCE PAYMENTS.......................................................................................
11
SECTION 19.
RECOVERY OF PAYMENTS...............................................................................
12
SECTION 20.
CONVENANT AGAINST CONTINGENT FEES--- .............. --- .......... ...............
12
SECTION 21.
PROVISIONS APPLYING TO DEVELOPMENT, RENOVATION AND
RESTORATION
12
...,. .
PROJECTS .......,TION
SEC 22.
ONS APPLYING TO ACQUISITION PROJECTS.,..... .... .
PROVISIONS
SECTION 23.
RESTRICTION ON CONVERSION OF REAL PROPERTY
AND/OR FACILITIES TO OTHER USES.................................................................
13
SECTION 24. CONSTRUCTION, OPERATION, USE AND MAINTENANCE
OF ASSISTED PROJECTS.,..., ........... .......... ........ 13
SECTION 25. INCOME AND INCOME USE................................................................................ 14
SECTION 26. PREFERENCES FOR RESIDENTS..--,------ ..... 14
Salmon Project Agreement RCO#12
1384C Salmon Funding Accounts
Chapter 77,85 RCW, Chapter 420 WAC Page 4 of 17
PROJAGR.RPT
SECTION 27.
PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT)
14
SPONSORS...............................................................,......,................................
SECTION 28.
LIABILITY INSURANCE REQUIRMENTS FOR FIREARMS
AND ARCHERY RANGE SPONSORS...................................................................
14
SECTION 29.
REQUIREMENTS OF THE NATIONAL PARK SERVICE .............................................
15
SECTION 30.
FARMLAND PRESERVATION ACCOUNT.............................................................
15
SECTION 31.
ORDER OF PRECEDENCE................,.............—......................................
15
SECTION 32.
AMENDMENTS .......... ............... . 1111.. ........ -.....1111 ......
15
SECTION 33.
LIMITATION OF AUTHORITY...................................................... .......................
15
SECTION 34.
WAIVER OF DEFAULT ........................ ....,--- .....................
15
SECTION 35.
APPLICATION REPRESENTATIONS - MISREPRESENTATIONS
ORINACCURACY OR BREACH..........................................................................
15
SECTION 36.
SPECIFIC PERFORMANCE................................................................................
16
SECTION 37.
TERMINATION. —. —........ .,........ --- .......... .,..,....
16
SECTION38.
DISPUTE HEARING..........................................................................................
16
SECTION 39.
ATTORNEYS" FEES. ..,.......1,1,1..1 — ... --........ ...,.,
17
SECTION 40.
GOVERNING LAWNENUE.................................................................................
17
SECTION 41.
SEVERABILITY ..................111. ..,.. .,...1..1...1.,.1., ..... .....,........
17
Agreement RCO
Salmon Project
#12 1384C Salmon Funding Accounts
Page 5 of 17
Chapter 77.85 RCW, Chapter 420 WAC
PROJAGR.RPT
.� WASHINGTON STATE
Recreation and
Conservation Office Standard Terms and Conditions
of the Project Agreement
Project Sponsor: Jefferson County Project Number: 12-1384C
Project Title: Quilcene Acquisitions 2012 Approval Date: 12/5/2012
SECTION 1. 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 only and shall not be considered a substantive part of this
Agreement.
ProjectAgr� .... _.
� Agreement - RICO #1 2-1384C Salmon Funding Accounts
Salmoneeme
Page s of 17
Chapter 77,85 RCW, Chapter 420 WAC
PROJAGR.RPT
C. Definitions. As used throughout this Agreer ,.,nt, the following terms shall have the meaning set forw oelow:
acquisition -The purchase of fee or lass than fee interests in real prciperty.. These interests include, but are not limited to,
options, right of first refusal, conservation easements, access/trail easements, covenants, water rights, leases, and mineral
rights,
Agreement. The accord accepted by all parties to the present transaction; this Agreerraent, any supplemental Agreements, any
arrrendnlents to this Agreement and any intergovernmental Agreement's.
applicant- Any agency or orgarilzaVon that meets the quatrfying standards, including deadlines, for submission of an
application soliciting a grant of funds from the funding Board.
application The documents and other materials that an applicant submits to the RCO to support the applicant's request for
grant funds; this includes materials required for the"Application" in the RCO's automated project information system, and other
documents as noted on the application checklist including but not limited to legal opinions, evaluation presentations and scripts.
asset - Equ'ipmont purchased by the sponsor or 'acquired or transferred to the sponsor for the purpose of this Agreement. This
definition is restricted to non -fixed assets including bort not limited to vehicles, computers or machinery.
cognizant 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 or part of the elpgubte activities for this
project under a separate Agreement with the sponsor ' The terns "contractor" and "contractors" means contractor(s) in any tier.
secondary sponsor one of two or, more ehigibPe organizations that sponsors a grant -funded project. Of these two sponsors,
only one . the primary sponsor,- may be the fiscal agent.
development . The construct lo ill of or work resulting in new elements, including but not limited to structures, facilities, and/or
materials 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 worktypes - Cornporients of the funded project as provided in the project description.
funding board - The board that authrorized the funds in this Agreement, epther the Recreation and Conservation Funding Board
(RCFB) created under chapter 79A.2'5.110 RCW, or the Salmon Recovery Funding Board (SRFB) created under chapter
77 85,11 [1 RCW.
grantee - The organizational entity or 'i'ndividual 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 or activities.
landowner agreement - A landowner 'a'greement Is required between a SRFB project sponsor and landowner for projects
located on land not owned, or otherwise controlled, by the sponsor.
lower tier participant - refers to any sponsor receiving a federal grant through RCO. Lower tier participants also refer to any
grantee, subgrantee, or contractor of any grantee or subgrantee from the original sponsor funded by RCO.
milestone • Arr important event with a defined deadline for an activity related to implementation of a funded project,
period of p,erfornrl . The tpn°re period spec'if'ied In the Agreement, under Section D, period of performance.
project - The undertaking that is the .subject of this Agreement Land that is, or may be, funded in whole or in part with funds
administered by RCO on behalf of the funding board.
RM - Recreation and Conservation Office - The state office that provides adinin trative support to the Recreation and
Conservation Funding Board and Salmon Recovery Funding Board. RCO includes the director and staff, created by Chapters
79&25,J 10 said 79A.25.150 RCW and charged with administering this Agreement by Chapters 77.85. 110 and 79A.25.240
RCW.
reimbursement - Payment of eligible and allowable costs that have already been paid by the sponsor per the terms of the
Agreement.
mprove an existing site or structure in order to increase its service life or functions. This
renovation - The activities intended to i
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 a site,
grant of funds and is bound by this executed Agreement; includes its
sponsor - The eligible applicant who has been awarded a
officers employees, agents and successors.
subgrarl The term subgranlee means the government or other legal entity to which a subgrant is awarded and which is
accountable too the grantee for the use of the funds provided.
—
i Agreement RCO #1 ..... ectAg � 2-1384 Salmon Funding Accounts
Salmon Pro
C Page 7 of 17
Chapter 77.85 RCW, Chapter 420 WAC
PROJAGR.RPT
SECTION 2. PERFORMANCE BY THE SPONSOR
The sponsor, widsectmdary sporlsor where, applicable, shall undertake the project as descdbed in thus Agreement Post evaluation
summary, they sponsor's applicalion, and In occordance with time sponsor's proposed goals and objectives described in the
application or documents Subrnlited with the application, all: as finaliy approved by the funding board, Ali submitted documents are
incorporated by this reference as If fUlly set forth herein. The Order of Precedence Is covered in Section 31.
Timely completion of the project and submission of required documents, including progress arid final reports, is important. Failure to
meet critical milestones or complete the project, as set out in this Agreement, is a material breach of the Agreement.
SECTION 3. ASSIGNMENT
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 acid Conservation Office.
SECTION 4. RESPONSIBILITY FOR PROJECT
While the funding board undertakes to assist the sponsor with the project by providing a grant pursuant to this Agreement, the
PrOjeGIL Itself rernains the role responsibiRy of the sponsor. The funding board undertakes no responsibilities to the sponsor, a
secondary sponsor, or to any third party, other than as is expressly set out in this Agreement. The responsibility for the
implementation of the project Is solely that of the sponsor, as Is the responsibility for any claim or suit of any nature by any third
party related in any way to the pro)ect. When a project is sponsored by more than one entity, any and all sponsors are equally
responsible for tile project and, all Post-coniptetion stewardship responsibilities.
SECTION 5. INDEMNIFICATION
To tl)e ftfllest extent permitted by the law, the sponsor expressly agrees to and shall indemnify, defend and hold harmless the State
and its agencies, officiais, agents and employees from and against all claims, actions, costs, damages, or expenses of any nature
arising out of or incident to, time sponsor's or any contractor's performance or failure to perform the Agreement. Sponsor's obligation
to indernnify, defend and hold harmless also Includes any claim by sponsor's agents, employees, representatives or any contractor
or its empioyees, Sponsor's obligation to defend includes payment of any costs or attorneys' fees.
Sponsor's obligation shall not include such claims that may be caused by the sole negligence of RCO, its officials, agents, and
employees, if time claims ordamages are caused by or result from the concurrent negligence of (a) RCO, its agents or employees
and (b) the sponsor, its contractors, agents, or employees, this indemnity provisIon shall be valid and enforceable only to the extent
of the negligence of the sponsor or [Is contractors, agents, or employees. The sponsor expressly agrees to waive his/her immunity
under Title 51 IRcw las to the State, and "its agencies but not as to any employee, worker or third party,) to the extent required to
indemnity, defend, arid hold harmless the State and its agencies, officials, agents or employees.
SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR
The sponsor and Its erliployees or agents perforn'ting under this Agreement are not officers, employees or agents of the funding
board or RCO. The sponsor will not hold litseptout as nor cWirn to be an officer, employee or agent of RCO, a funding board or of the
strafe of Washington, nor will the sponsor r,rjako any claim of right, privilege or benefit which would accrue to an employee under
Chapters 41.06 or 28B RCW.
The sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of any kind required by
federal, state, and/or local laws.
SECTION 7. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Et[nics Board or other tribunal, RCO may, in its soie discretion, by written notice
to the sponsor terminate lhis,Agrperm,ic,irlt if it is found after due notice and exar6nafion by RCO that there is a violation of the Ethics
In Public Service Act, Chapter 42.52 RCW; or any similar statute involving Hie sponsor in the procurement of, or per-forman(m, under,
this Agreement.
In the everit this Agreement is terminated as provided above, RCO shall be entitled to pursue the same remedies against the
sponsor as it could pursue In the eveint of I breach 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.
SECTION 8. ACKNOWLEDGMENT AND SIGNS
A. pubticatioris, The sponsor shall Include language which acknowledges the funding contribution of the applicable grant program
to this project in any release or other publication developed or modified for, or referring to, the project during the project period
and in the future.
B. Signs, The sponsor also shall post signs or other appropriate media during the project period and in the future at project
entrances and other locations on the project which acknowledge the applicable grant program's funding contribution, unless
exempted In funding board policy or weived by the director,
. ..... Salmon Funding Accounts
Salmon Project Agreement - RCO #1 2-1384C Page 8 of 17
Chapter 77.85 RCW, Chapter 420 WAC
PROJAGR.RPT
C. Ceremonies. The sponsor shall notify RCt, .,o later than two weeks before a dedication ceremony ur this project. The sponsor
shall verbally acknowledge the applicable grant program's funding contribution at all dedication ceremonies.
D. Federally Funded Projects. When issuing state rents, 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
state:
1. The percentage of the total costs of the project that is financed with federal nioney;
2. The dollar amount of federal funds for the protect; and
3. The percentage and dollar amount of the total costs of the project that is financed by nongovernmental sources .
SECTION 9. COMPLIANCE WITH APPLICABLE LAW
The sponsor will implernent the Agreement in accordance with applicable federal, state, and local laws, regulations and RCO and
funding board policies regardless of whetI,jer the sponsor is a public or non-public organlzaflon.
The sponsor shall comply, with, and RCO is not responsible for determining compliance with, any and all applicable federal, state,
and local laws, rague0ons, andlor policies, including, but not limited to: State Environmental Policy Act; Industrial Insurance
Coverage; Architectural Barriers Act; permits (shoreline, Hydraullcs Project Approval, devriollfion); land use regulations (critical areas
ordinances, Growth ManagerrreritAct)e federal and state safety and health regulations (Occupational Safety and Health
AdmintstrationANashington industrial Safety and Health Act); and Buy American Act.
Endangered Species
f=or habitat restoration projects funded in part or whole with federal funds administered by the SRFH the sponsor shall not
commence with clearing of riparian trees or in -water work unless either the sponsor has compiled with 50 CFR 223,203 (b)(8), limit 8
or until an Endangered Species Act consultation is, finalized in writing by the Natlonali Oceanic and Atmospheric Administration.
Volatjori of this requirement may be grounds for terminating this project Agreement. This section shall not be the basis for any
enforcement responsibility by RCO.
Nondiscrimination Laws th all applicable federal, state, and local nondiscrimination laws and/or policies, including but not limited
The sponsor shall comply w! Age Discrimination Act. In the event of the sponsor's noncompliance
to. the Americans with Disabilities ActCivil ; lights Actand the
�
of refusal to comply with any nondiscrimination law or policy, the Agreement may be rescinded, cancelled, or terminated in whole or
in part, and the sponsor may be declared ineligible for further grant awards from the ftindlng board. The sponsor is responsible for
any and all costs or liability arising from the sponsor's failure to, so comply with applicable law.
Wages avid Job Safety
The sponsor 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 sponsor agrees to pay the prevailing wage rate to MI workers, laborers, or mechanics
employed in the performance of any part of this contract if state law applies to the lands in question and the prevailing wage low
applies to the work being performed. The Washington State Department of Labor and Industries should be consulted to determine
whether prevailing wage laws apply. Further the sponsor agrees to comply with the provisions of the Davis -Bacon Act as required,
and any other applicable federal laws.
Archaeological and CUItUral ROSOXIMOS
The sponsor Must comply with Executive Order 05-05 or the National Historic Preservation Act before initiating ground disturbing
activity, The funding board requires documented cornpRance with Executive Order 05-05 or Section 106 of the National Historic
Preservation Act, whichever is applicable to the project, if a federal agency declines to COnSUlt, the sponsor shall comply with the
requirements of Execulive Order 05-05, In the event that archaeological or historic Materials are discovered during project activities,
work in the location of discovery and immediate vicinity must stop instantly, the area must be secured, and notification must be
provided to the following: concerned 'Tribes'cultural staff and cultural committees, RCO, and the State Department of Archaeology
and 1-tistDric Preservation, it liuman remains are discovered during project activity, Work in the location of discovery and inirnediate
vicinity must stop instantly, the area must be secured, and notification provided to the concerned Tribe's cultural staff and cultural
committee, RCO, State Department of Archaeology, the coroner and local law enforcement in the Tinost exped4ious manner possible
according to RCW 68.50
Restrictions on Grant Use
No part of any funds provided under this grant shall be used, other than for normal and recognized executive -legislative
relationships„ for publicity or Propaganda pLirposes, or for the preparation, distribution, or use of any kit, pamphlet, booklet,
publication, radio, television, or video presentation designed to support or defeat legWation ponding 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 U.S. Congress or any state
legislature.
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SECTION 10, HAZARDOUS SUBSTANCES
A. Certification. The sponsor shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site for the
presence of hazardous subsjar,ices, as defined in Chapter 70,101,5D.020 (11) RCW, and certify:
No hazardous substances were found on the site, or
2. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal
laws, and the site deemed "clean."
B. Responsibility, Nothing in this provision alters the sponsor's duties and liabilities regarding hazardous substances as set forth in
Chapter 70.105D RCW.
C. Hold Harmless. 'rlie sponsor will defend, protect and tiold harmless RCO and any and all of its employees and/or agents, from
,and against any and all liability, Cost (including but not lImiled to all costs of defense and attorneys" fees) and any and all loss of
any nature from any and all clWrns or suits resuiring from the presence of, or the release or threatened release of, hazardOUS
substances On the property the sponsor is acquiring.
SECTION 11. RECORDS
A, Maintenance, The sponsor shall maintain books, records, documents, data and other evidence relating to this Agreement and
performance rmance of the services described herein, including but not limited to accounting procedures and practices which sufficiently
and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. Sponsor shall
retain such records for a period of Six years from the date RCO deems the project complete , as defined in Section 1'7(C) below.
If any litigation, clairn 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.
B. Access to records and data, At no additional cost, the records relating to the Agreement, including materials generated under
the Agreement, shall be subject at all reasonable times to inspection, review or audit by RCO, personnel duty authorized by
RCO, the office of the State Auditor, and federal said slate officials so authorized by law, regulation or Agreement. This includes
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 acknowledges that the funding board is subject to chapter 42.56 RCW and that this Agreement and
any records sponsor submits or has submilled to the State shalt be a public record as defined In chapter 42L56 RCW
Additionally. in compliance with RCW 77,85 130(8), sponsor agrees to disclose any information in rNards to expendituire of any
funding recelv(-,,d from the SRM By submttlrig any record to the state sponsor understands that the State 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 it
possesses SLICh legal rights as are necessary to permit the State to disclose and copy such document to respond to a request
under state public records IaWs- The Sponsor hereby agrees to release the State from any claims arising out of allowing such
review or copying pursuant to a public 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.
SECTION 12. TREATMENT OF ASSETS
A. , sets shall remain in the possMlon of the sponsor for the duration of Vie project or applicable grant prograrn, mien the
sponsor discontinues use of the asset(s) for the purpose for Which it was funded, RCO will require the sponsor to deliver the
asset(s) to RCO, dispose of the asset according to RCO policies, or return the fair market value of the asset(s) to FC0, Assets
shatJ be used only for the purpose Of this Agreement, unless otherwise provided herein or approved by RCO in wrlfing,
B. The sponsor shall be responsOle for any loss or damage to assets which results from the negligence of the sponsor or wNch
results from the failure on the part of the sponsor to maintain and administer that asset in accordance with sound management
practices.
SECTION 13. RIGHT OF INSPECTION
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 of Washington or Vie federal government, at all reasonable times, in order to monitor and evaluate performance,
compliance, and/or quality assurance under this Agreement
If a IindownerAgreernent or other form of control and tenure has been executed, it will further stipulate and define the funding board
and RGO's right to inspect and access lands acquired or developed with funding board assistance.
SECTION 14. STEWARDSHIP AND MONITORING
Sponsor agrees to perform monitoring and stewardship functions as stated in 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.
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SECTION 15. DEBARMENT CERTIFICATION
A, For Fede,,rafly Funded Projects
By signing the Agreement with RCO, thm sponsor certrfies that neither it nor its principals nor any, other lower tier pirticipant are
presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from pinicipation in this,
transection by any Federal department or agency, Further, the sponsor agrees not to enter into any arrangements 01"GOntl"acts
related to this Agreement with any party that is on the "'Gene mull Services Administration's Excluded from f=ederal Procurement
or Non -procurement Programs at hitp:/Jwww,epls,gov,
The sponsor (prospective lower tier participant) shall provide immediate written notice to RCO if at 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 RCO, the sponsor certifies that neither it nor its principals nor any other lower tier participant are
prespAifly debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this
transaction by Washington State Labor and Industries. Further, the sponsor agrees not to enter into any arrangements or
contracts related to this Agreement with any party that Is on the "Contractors riot Ailowed to Bid on Public Works Projects" list at
tittp:/fwww,lurk .wa,gov/"]'r,adesLicensin.giPrevWage)AwardingAgencies/DebarredContractors/
SECTION 16. PROJECT FUNDING
A. Additional Amounts, The funding board shall riot be obligated to pay any amount beyond the dollar amount as identified in this
Agreement, unless an additional amount has been approved in advance by the funding board or director and incorporated by
written amendment into th is Aq reement,
B. Before (tie Agreement. No expenditure made, or obligation incurred, by the sponsor before the project start date shall be eligible
for grant funds, in whole or In part, unless specifically provided for by funding board policy, such as a waiver of retroactivty 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 of performance shall be
eligible, in whole or in part, for grant funds hereunder. In addition to any remedy the funding board may have under this
Agreement, time grant amounts identified in this Agreement shall be reduced to exclude any SLich expenditure from participation.
SECTION 17. PROJECT REIMBURSEMENTS
A. This contract is administered on a reimbursement basis, The sponsors may only request reimbursement after eligible and
allowable, costs have already been paid by the sponsor and rernitted 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 donations which the sponsor may use as part of its percentage. All reimbursement requests must include
proper documentation of expenditures as required by RCO.
B. compliance and Payment. The obligation of RCO to pay, any amount(s) under this Agreement is expressly conditioned on strict
compliance with the terms of this Agreement by the sponsor.
C, Compliance and Retainage, RCO reserves the right to withhold disbursement of up to the final ten percent (10%) 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 or required activities outlined In the Agreement are done;
2, on . -site signs are In place ('if applicable);
3. A final project repwl is submitted to and accepted by RCC;
4, Any other required docunients are complete and submitted to RCO;
5�. A finni reimbursement request is submitted to: RCO;
0. The completed project has, been accepted by RCO„
T Final amendments have been processed; and
8. Fiscal transactlons are complete.
9. RCO has accepted a final boundary map, if required for the project, for which the Agreement terms will apply in the future.
D. Reimbursement Request Frequency, Sponsors are encouraged to send RCO a ieirnbursenient request at least quarterly.
Sponsors are required to submit a reimbursement request to RCO,, at a minimum for each project at least once a year for
teinnbursable activities occurring between Jully I arid!, June 30, Sponsors must refer to the most recently published/adopted
RCO policies and procedures regarding reimbursement requirements
SECTION 18. ADVANCE PAYMENTS
Advance payments of or in anticipation of goods or services to be provided under this Agreement are limited to grants approved by
the SIRFB and must comply with SRFB p00 y, See WAC 420-12-060 (5).
. . ............Salmon Funding Accounts
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SECTION 19. RECOVERY OF PAYMENTS
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 of the project total, RCO 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 law or in equity.
The sponsor shall reirnburse RCO for any overpayment or erroneous payments made under the Agreement. Repayment by the
sponsor of such funds under this recovery provision shall occur within 30 days of demand by RCO. Interest shall accrue at the rate
of twelve percent (12%) per annum from the tirre that payment becornes due and owing,
SECTION 20. 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 Vie purpose of securing buslness, RCO shall have the right, in the event of breach
of this clause by the sponsor, to ternihiate this Agreement without liability or, in its discretion, to deduct from the Agreement grant
arnount or consideration or recover by other means the full arlioulit of such commission, percentage, brokerage or 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 of land or facilities for outdoor recreation, habitat conservation, or salmon recovery:
A. Document Review and Approval. The sponsor agrees to submit one copy of all development, renovation, restoration or
construction plans and specifications to RCO for review prior to implernentation. Reviewand approval by RCO will be for
compliance with the terms of this Agreement.
B. Contracts for Development, Renovation or Restoration, Sponsors must follow any applicable state and/or required federal
procurement procedures, if such procedures do not apply, Sponsor Must follow these minimurn procedures` (1) publish a notice
to the: public requesting bids/proposals for the project (2) specify in the notice the date for submitW of 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 In selecting a bidder or
proposer, This procedure creates no rights for the benefit of third parties, including any proposers, and may not be enforced or
subject to review of any kind or manner by any other entity other than the RCO, Sponsors may be required to certify to tile RCO
they have followed any applicable state andlor federal procedures or the minimum procedure where the foirnier procedures do
not apply.
C. Contract Change Order. Only change orders that irnpact the atrnount of funding or changes to the scope of the project as
described to and approved by the funding board or RCO must receive prior written approval.
D. Control and Tenure. The sponsor must provide documentation that shows appropriate tenure (land owner Agreement, long term
leaseAgreement easement, or fee simple ownership) for the land proposed for development, renovation or restoration. The
documentation must meet current RCO requirements.
E. Nondiscrimination, Except where a nondiscrimination clause required by a federal funding agency is used, the sponsor shall
insert the following nondiscrimination clause in each contract for construction of this project:
"During the performance of this contract, the contractor agrees to comply with all
federal and state nondiscrimination laws, regulations and policies."
F. Use of Best Managernent Practices, Project sponsors are encouraged to use best rnanagement practices developed as part of
the Wnshflngton State Aquatic Habitat Guidelines (AHG) Program. The best nianagernent practices are described In three
documents: "Stream P,iabjtat Restoration Guidelines: Final Draft", 2004; "'Design of Road Culverts for Fish Passage", 2003„ and
"Integrated Stroanibank protection Guidelines", 2002, These docurnents and other information can be found on the AHG
website.
SECTION 22. PROVISIONS APPLYING TO ACQUISITION PROJECTS
The following provisions shall be in force only if the project described in this Agreement is for the acquisition of interest in real
property (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
policy,
B. Evidence of Title. The sponsor agrees to provide documentation that shows the type of ownership interest for the property that
has been acquired. This shall be done before any payment of finar-Icial assistance.
C. Legal Description of Real Property Rights Acquired, The legal description of the real 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.
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The funding board and RCO rely oil the sponsor . application in making its determinations as to eligIbIlity tor, 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
Agreement.
SECTION 36. SPECIFIC PERFORMANCE
The funding board and RCO may enforce this Agreement by the remedy of specific, performance, which tisually wisp rnearl completion
of the project as described in this, Agreement However, the remedy of specific performance shall not be the sole or exclusive remedy
available to RCO, No remedy available to the funding board or RCO shail be deemed exc[tisive. The funding board or RCO "lay
elect to exercise any, a combination of, or al I of the rernedies available to it under this Agreement, or under any provision of law,
common law, or equity.
SECTION 37. TERMINATION
The funding board and RCO will require strict compliance by the sponsorwith all the terms ofr this Agreement including, but not
limited to, the requirement$ of the applicable statutes, rules and all funding board and RCO policies, and with the representafioins of
the sponsor in its application foi a grant as finally approved by the funding board
A. For Cause. The funding board or the director may suspend or terminate the obligation to provide funding to the sponsor under
this Agreement
L in the event of any breach by the sponsor of any of the sponsors obligations under this Agreement; or
ii. If the sponsor fails to make progress, satisfactory to the fLaWing board or director toward completion of the project by the
completion date set out in oils Agreement, Included in progress is adherence to milestones and other defined deadlines
In the event this Agreement is terminated by the funding board, or director, under this section or ar)y 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 to RCO for redeposit into the account from which the funds were derived.
B. Non Availability of Funds. The obligation of the RCO to make payments is contingent on; the availability of state and federal
funds through logtsiative appropriation and state allotment. If amounts sufficient to 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 untilthe necessary action by the Legislature or the office of Financial
Management occurs. If RCO participation is suspended under this section for a C011finUOUS period of one year, RCO's obfigation
to provide any future funding under this Agreement shall terminate. Termination of the Agreement under this section is not
subject to appeal by 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 tile mailing, terminate this Agreement, in whole or In part, If this Agreement is so terminated, RCO shall be
liable only forpayment required under the terms of this Agreenr)ent for services rendered or goods delivered prior to the effective
date of termination.
SECTION 38. DISPUTE HEARING
Except as may otherwise be providedi 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. Either party's request
for a dispute hearing must be in writing and clearly state:
A. The disputed issues;
B. The relative positions of the parties;
C. The sponsor's narne, 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 shall 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. If a third person cannot be agreed on, the third person shalt be chosen by the funding board's chair.
Any hearing under thus section shall be informal, with tile specific processes to be determined by the disputes panel according to the
nature and complexity of the Issues involved, The process may be solely based on written material if the parties so agree, The
disputes panel shall be governed by the provisions of this Agreement in deciding the disputes.
The parties shall be bound by the decision of the disputes panel, unless the remedy directed by that panel shall be without the
authority of either or both parties to perform, as necessary, or is o9ierwlse unlawful.
Request for a disputes hearing under this seclion, by either party shall be delivered or mailed to the other party. 'Th(,, iequest shall be
delivered or mailed within thirty (30) days of the date the requesting party has received notice of the action or position of the other
party which It wishes to dispute, The written Agreement to use the Process under this section:, for resolution of tl°nose issues shall be
delivered or nailed 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.
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For acquisition, development, renovation and restoration projects, facilities open and accessible to the general public must:
E. Be constructed and maintaiined to meet or exceed the minimum requirements of the most current local or state codes, Uniform
Federal Accessibility Standards, guidelines, or rules, including but not limited to: the International Building Cod': , the Americans
with Disabilities Act, and the Architectural Barriers Act, as updated.
F. Appear attractive and inviting to the public except for brief installation, construction, or 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.
2. Fees. User and/or other fees may be charged in connection with land acquired or facilities developed with funding board
grants if the fees are consistent with the:
(a) Value of any service(s) furnished;
(b) Value of any opportunities furnished; and
(c) Prevaiiing range of public fees in the state for the activity involved.
Excepted are Firearms and Archery Range Recreation Program safety classes (firearm and/or hunter) for which a
facility/range fee must not be charged (Chapter 79A 25 210 RCW).
B, Income use. Regardless of whether income or fees in a project work site (including entrance utility corridor permit, cattle
gracing timber harvesting, farming, etc.) are gained during or after the reimbursement period cited in the Agreement, unless
precluded by state or federal Daws, the revenue may only be used to offset:
1. The sponsor's matching funds;
2. The project's total cost;
3. The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program assisted by the
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
5. Capital expenses for similar acquisition and/or development.
SECTION 26. PREFERENCES FOR RESIDENTS
Sponsors sfuall not express a preference for users of grant assisted projects on the basis of residence (including preferential
reservation„ membership, andlor permit systems) except thatreasonable differences in admission and other fees may be maintained
on the basis of residence. Every so, the funding board discourages the in uposltion of differential fees. Fees for nonresidents must not
exceed twice the fee imposed on residents. Where there is no foe for residents but a fee is charged to nonresidents, the nonresident
fee shall not exceed the amount that would tae imposed on 'residents at comparable state or local public facilities.
SECTION 27. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) SPONSORS
A corporate sponsor, Including any nonprofit sponsor, shall:
A. Maintain corporate status with the state, including registering with the Washington Secretary of State's office, throughout the
sponsor's obligation to the project as identified in the Agreement.
B Notify RCO poor, to corporate dissolution. Within 30 days of dissolution the sponsor shall name a qualified successor that will
agree in writing to "assume any ongoing project responsibilities. A qualified successor is any party eligible to apply for funds in
the subject grant program and capable of complying with the terms and conditions of this Agreement. RCO will process an
amendment transferring the sponsor's obligation to the qualified successor if requirements are met.
C. Sites or facilities open to the public may not require exclusive use, (e.g., members only).
SECTION 28. LIABILITY INSURANCE REQUIREMENTS FOR FIREARMS AND ARCHERY RANGE SPONSORS
A The sponsor of a firearms or archery range recreation project shall procure an endorsement, or other addition, to liability
insurance It dray currently carfy, or shall procure a now policy of liability insurance in a total coverage amount the sponsor
(teems adequate to ensure it will have rosour'c s to pay successful claims of persons who may be k0led or injured, or suffor
darnage to property, white present at the range facility to which this grant is related or by reason of being in the vicinity of that
fac'ilaty; provided ti`wat the coverage shall be at least one million dollars ($1,0100,0001) for the death of, Or injury to, each person,
B. The liability insurance policy, including any endorsement or addition, shall name Washington State, the funding board, and RCO
as additional insured and shall be in a form approved by the funding board or director.
Agreement RCO #12-1... __.....
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C. The policy, endorsement or other addition, „r a similar liabll0y insurance policy meeting the requirements of this section, shall
be kept in force throughout the sponsor's obligation to the project as identified in this Agreement.
D. The policy, as modified by any endorsement or other addition, shall provide that the issuing company shall give written notice to
ROO not less than thirty (30) calendar days in advance of any cancellation of the policy by the insurer, and within ten (10)
calendar days following any termination of the policy by the sponsor.
E. The requirement Of Subsection A through D above shall not apply if the sponsor Is a federal, state, or municipal government
which has, established a program of self-insurance or a policy of self-insurance with respect to claims arising from its facilities or
activities generally, including such facilltieS as firearrns or archery ranges, when the applicant declares and describes that
program, or policy as a part of its application to the funding board.
F. By this requirement, the funding board and RCO does not assume any duty to any individual person with respect to death,
injury, or diarnage to Property wIlich that person may suffer whole present at, or in the vicinity of, the facility to which this girant
le lates. Any such person, orally other Person making, claims based on such death, injury, or damage, must look to the sponsor,
or others, for any and all remedies that may be available by law.
SECT$QN 29. REQUIREMENTS OF THE NATIONAL PARK SERVICE
if the project has been approved by the National Park Service, US Department of the Interior, for I'Lln&g assistance from the federal
Land and Water Conservation Fund (LWCF), the "Project Agreement General Provisions" in the LWCF State Assistance Program
Federal Financial Assistance Manual are also made part of this Agreement, The sponsor shall abide by these LWCF General
provisions, in addition to this Agreement, as they now exist or are hereafter amended. Further, the sponsor agrees to provide ROO
with reports or documents needed to meet the requirements of the LWCF General Provisions.
SECTION X FARMLAND PRESERVATION ACCOUNT
For, projects funded through the Washington Wildlife and Recreation Program Farmland Preservation Account, the following sections
will r of apply if covered separately in a recorded RCO approved Agricultural Conservation Easement.
Section 8, - Acknowledgernent and Signs,
• Section 10 - Hazardous Substances,
Section 14 - Stewardship and Monitoring
• Section 22 - Provisions Applying to Acquisition Projects, Sub -sections I" and G.
Section 23 - Restriction or, Conversion of Real Property and/or Facilities to Other Uses, and
• Section 24 - Construction, operation, Use and Maintenance of Assisted Projects, Sub -sections E, F, and G
• Section 25 - Income and Income Use
SECTION 31. ORDER OF PRECEDENCE
This Agreement is entered into, pursuant to, and under the authority granted by applicable federal and state laws The provisions of
the Agreement shall be construed to conform to those laws In the event of an inconsistency in the terms of this Agreement, or
edure, the inconsistency shall be resolved by giving precedence
between its terms and any applicable statute rule, or policy or prow.
in the following order: /funding board policies and
A. Applicable federal and/or state statutes, regulations, policies and procedures including RCO
procedures, applicable federal office of Management and Budget (OMB) circulars and federal and state executive orders;
B. Project agreement including attachments;
C. Special Conditions;
D. Standard Terms and Conditions of the Project Agreement.
SECTION 12. AMENDMENTS
Amendments to this Agreement shall be binding only if in writing and signed by personnel authorized to bind each of the parties
except period of perforrnance extensions and minor scope adjwnients need only be signed by RCO's director or designee.
SECTION 31 LIMITATION OF AUTHORITY
Only RCO or RCOs delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority
'
to alter, amend, nlodify, Wwaive ally clause or condition of this Agreement. Furthermore, any alteration, amendment, modificatioln,
or waiver of any clause or condition of dins Agreement is riot effective or binding unless made in writing and signed by ROO.
SECTION 34. WAIVER OF DEFAULT y subsequent default, Waiver or breach of any provision of the
Waiver of any default shall! not be deemed to be a waiver of any
Agreeryientshall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of
the tennis of the Agreerrient unless stated to be such in writing, signed by the director, or the director's designee, and attached to the
original Agreement.
SECTION 35. APPLICATION REPRESENTATIONS -- MISREPRESENTATIONS OR INACCURACY OR BREACH
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The funding board and RCO rely on the sponsor . application in making its determinations as to eligibillLy tor, selection for, and
scope of, funding grants. Any misrepresentation, error or, Inaccuracy in any part of the application may be deerned a breach of this
Agreement.
SECTION 36, SPECIFIC PERFORMANCE
The funding board and RCO may enforce ti-iis Agreement by the rernedy of specific Performance, which usually will mean completion
of tile project as described in this Agreement, However, the remedy of specific performance shall rook f)e the sole or exciusive remedy
available to F�C,O, No remedy available to the funding board or RCO shat be deerned exclusive. The funding board or RCO may
elect to exercise any, a combination of, or all of the remedies available to it under this Agreement, or under any provision of law,
common law, or equity.
SECTION 37. TERMINATION
The Funding board and RCO will require strict 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 RCO policies, and with the representations of
the sponsor in its 81)Pflcati011 for 8 grant as finally approved by Ole funding board
A. For Cause. The funding board or the director may suspend or terminate the obligation to provide funding to the sponsor under
this Agreement:
i. In the event of any breach by the sponsor of any of the sponsors obligations under, this Agreernent; or
ii. if the sponsor fails to make progress satisfactory to the funding board or director toward completion of the project by the
completion date set out in this Agreement, Included in progress is adherence to milestones arid 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 to RCO for redeposit into the account from which the funds were derived,
6, Non Availability of Funds,. The obligation of the RCO to make payments is contingent on tile availability of state and federal
funds through legislative appropriation and state allotment. If amounts sufflcuent to 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 remarnlng unpaid portion of this, grant unless and until the necessary action by the Legislature or the office of Financial
Management occurs. If RCcI paflicipation is, suspended under this section for a continuous period of one year, RCO's obligation
to provide any future funding under this Agreement shall terminate. Termination of the Agreement under this section is not
subject to appeal by the sponsor.
C. For Convenience. Except as otherwise provided Ira this Agreement, RCO may, by ten ('10) days written notice, beginning on the
second day after the mailing, terminate this Agreement, in whole or in part. If this Agreement is so terminated, RCO shall be
liable only far payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective
date of termination.
SECTION 38. DISPUTE HEARING
Except 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. Either party's request
for a dispute hearing must be in writing and clearly stater.
A, The disputed issues;
B. The relative positions of the parties,
C. The sponsors name, address, project title, and the assigned project number.
In order for lhis, section to, aPPIY to the resOIL1110n of any specific, dispute or disputes, the other party most agree in writing that, the
procedure under this section shall be used to resolve those specific !%scues. 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
intiaily appointed, if a third person cannot be agreed on, the third person shall be chosen by the funding board's chair.
Any hearing under this section shot] be informal, with tile, specific processes to be determined by the disputes panel according to the
nature and cornplexhy' of the issues involved, The process, maiy be solely based on written material if the parties so agree, The
disputes panel shall be governed by the provisions of this Agreement in deciding the disputes.
The parties shall be bound by the decision of the disputes, panel, unless the remedy directed by that panel shall be without the
authority of either or both parties to perform, as necessary, or is otherwise unlawful.
Request fol a disputes hearing under this sou flon by either party shall be delivered or mailed to tile other party,"I'he request shalt be
delivered or mailed within thirty (30) days of the date the requesting party has recxived notice of the action or position of tile other
icily which It wishes to dispute. The written m
Agreeent to use tile process under this section for resolution of those issues shall be
delivered ol, filailed by thea receiving pally to the requesting party willhin thirty (30) days of receipt by flie receiving party of the
request.
All costs associated with the implementation of this process shall be shared equally by the parties.
Salmon Funding Accounts
Salmon Project Agreement - RCO #1 2-1384C Page 16 of 17
Chapter 77.85 RCW, Chapter 420 WAC
PROJAGR.RPT
SECTION 39. ATTORNEYS' FEES ract terms, each party agrees to bear its own attorney fees and costs.
In the event of litigation or other action brought to enforce cont
SECTION 40. GOVERNING LAWfVENUE
This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a laWSUit
involving, this Agreement, venue shall be in Thurston County Superior Court if legally proper: otherwise venue shall be in a COUlity
where the project is situated, The sponsor, by execution of this Agreement acknowledges the Jurisdiction of the courts of the State of
Washington.
in the cases where this Agreement is between the funding board and a federally recognized Indian Tribe, the following governing
law/venue applies:
A. Notwithstanding the above venue provision, if the, State Of Wadljrigton intends to Initiate a lawsuit against a federally recognized
Indian tribe relating, to the performance, breach or enforcement of this Agreernent, It shall so notify Ole'rribe, If the Tribe
r subject matter jurisdiction of such a lawsuit in federal court, the Tribe shall so notify
believes that a good faith basis exists to
the State within liver days of receipt Of such notice and state the basis for such jurisdiction• if he,jrribo so notifies the State, the
State shalt bring such lawsuit in federal court*, otherwise the State may sue the Tribe in the"I"hurston County Superior Court.
interprotabon of the Agreement shall be according to applicable State law, except to the extent preempted by federal or tribal
law, in, the event suit is brought in federal court and the federal court determines that it lacks subject rnatter 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 fron') such a
lawsuit shall be binding and enforceable on the parties. Any rnoney judgment or award against a Tribe, tribal officers and
members, or the State of Washington 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.
C. The Tribe hereby waives Its sovereign InIMUnity to legal actions as may be brought pursuant to this section, and to the
enforcement of any judgment from such legal actions, This waiver is not for the benefit of any third party and shall not be
enforceable by any third party or by any assignee of the parties. In any enforcement action, the parties shall bear their own
enforcement costs, including attorneys' fees.
SECTION 41. SEVERABILITY
The provisions of thus Agreement Fire intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever,
such illegality or invalidity shall not affect the vaildIty of the remainder of the Agreement.
.. ..... Salmon Funding Accounts
Salmon Project Agreement - RCO #12-138ro 4C Page 17 of 17
Chapter 77.85 RCW, Chapter 420 WAC
PROJAGR RPT
Eligible Scope Activities
Project Sponsor: Jefferson County Project Number: 12-1384
Project Title: Quilcene Acquisitions 2012 Project Type: Acquisition & Restoration
Program: Salmon State Projects Approval: 12/5/2012
Project Metrics
Project Acquisition
Project acres by purpose type:
Habitat Restoration 2.10
Acquisition Metrics
Property: Bergeson (Worksite #1, Quilcene Acq Sites)
Real Property Acquisition
Land
Acres by Acreage Type (fee simple):
Wetlands 0.14
Riparian 1.80
Structures to be demolished
Existing structures on site:
Clean up of hazardous substances required (yes/no): No
Incidentals
Standard Incidentals
Cultural resources(Acq)
Demolition
Buildings / structures to be demolished:
RV Shelter and 1938 Detroiter Motor
Home (1995 approx)
Outbuilding 1 (1995 approx)
Outbuilding 2 (1995 approx)
Outbuilding 3 (unknown age)
Barn (unknown aga)
Wood storage enclosure
Driveway and concrete parking area
Noxious weed control
Acres treated for noxious weeds by method:
Chemical 1.80
Mechanical 1.80
Signs(Acq)
Number of permanent signs that identify site and funding partners: 1
Stewardship plan
Acres included in the stewardship plan: 1.94
Administrative Costs (Acq)
Administrative costs (Acq)
Property: Larson (Worksite #1, Quilcene Acq Sites)
Real Property Acquisition
Easement
Easement type : Habitat Conservation
Acres by Acreage Type (easement):
Riparian 0.95
Clean up of hazardous substances is required (yes/no): No
Property: Newman (Worksite #1, Quilcene Acq Sites)
April 1, 2013 Page:
ELIGREIM.RPT
Eligible Scope Activities
Real Property Acquisition
Land
Acres by Acreage Type (fee simple):
0.16
Riparian
ExistGng structures on site: No structures on site
Clean up of hazardous substances required (yes/no): No
Incidentals
Standard Incidentals
Stewardship plan
Acres included in the stewardship plan: 0.16
Administrative Costs (Acq)
Administrative costs (Acq)
Restoration Metrics
Worksite #1, ,Quilcene Acq Sites
Targeted salmonid ESU/DPS:
Chinook Salmon -Puget Sound ESU,
Chum Salmon -Hood Canal Summer -run
ESU, Pink Salmon -Odd year ESU,
Steelhead-Puget Sound DPS
Targeted species (non -ESU species):
Cutthroat
Project Identified In a Plan or Watershed Assessment:
Hood Canal Summer Chum ESA
REstoration Plan 01/11/05
WRIA 17 Salmon Habitat Limiting
Factors Analysis )1/01/02
Big Quilcene Watershed Analysis
USFS/WSDNR 01/-1/1994
Type Of Monitoring:
None
Riparian Habitat Project
Total Riparian Miles Streambank Treated: 0.00
Total Riparian Acres Treated: 1.9
Planting 1.6
Acres Planted in riparian:
Miles of streambank planted:
Riparian Plant removal / control
Acres of riparian treated for plant removal/control: 1.6
Miles of streambank treated for plant removal/control:
General restoration activities
Restoration signs 1
Number of signs installed:
Traffic control
Cultural Resources
Cultural resources
Permits
Obtain permits
Architectural & Engineering
Architectural & Engineering (A&E)
April 1, 2013 Page: 2
ELIGREIM.RPT
Legal Description
Project Sponsor: Jefferson County
Project Title: Quilcene Acquisitions 2012
Worksite Name
Property Name
Legal Description
Worksite #1 Quilce.—...,.,-..�_,,.."-_
ne Acq Sites
Bergeson
Larson
Newman
Project Number: 12-1384 C
RCO Approval: 12/05/2012
LEGALDSCAPT April 1, 2013 Page 1
Project Number:
Project Name:
sponsor:
Project Manager:
Milestone Report By Project
12-1384 C
Quilcene Acquisitions 2012
Jefferson County of
Mike Ramsey
Draft planting plan
1MILESTO,RPT I April 01, 2013 Page, q
Project Start
12/06/2012
X
Order Appraisal(s)
05/01/2013
I
Progress Report Submitted
06/30/2013
I
Order Appraisal Review(s)
07/01/2013
l
Annual Project Billing
07/31/2013
Purchase Agreement Signed
10/01/2013
Environmental Assess Complete
11/01/2013
l
Progress Report Submitted
11/01/2013
l
Acquisition Closing
12/01/2013
Recorded Acq Documents to RCO
01/01/2014
Applied for Permits
03/31/2014
Cultural Resources Complete
05/31/2014
Permits Complete
05/31/2014
Progress Report Submitted
05/31/2014
Bid Awarded/Contractor Hired
07/31/2014
!
Annual Project Billing
07/31/2014
Demolition Complete
10/01/2014
l
Preliminary Design to RCO
12/01/2014
Restoration Started
12/01/2014
i
Progress Report Submitted
12/01/2014
I
Progress Report Submitted
06/30/2015
Annual Project Billing
07/31/2015
Noxious Weed Control Complete
12/01/2015
Funding Acknowl Sign Posted
12/01/2015
RCO Final Inspection
12/01/2015
Restoration Complete
12/01/2015
Stewardship Plan to RCO
06/30/2016
l
Agreement End Date
06/30/2016
Draft planting plan
1MILESTO,RPT I April 01, 2013 Page, q
Milestone Report By Project
K = Milestone Complete
I = Critical Milestone
1MILESTO,RPT April 01, 2013 Page