HomeMy WebLinkAbout010917_ca05615 Sherisnu�n l revida
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Port Townsend, WA 98368
eks�ort www.JeffersonCountyPublicHealth.org
Public HO� December 5, 2016
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Vicki Kirkpatrick, Environmental Health Director
Tami, Pokorny, Environmental Health Specialist II
DATE:
SUBJECT: Agenda Item — Amendment 1 to 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 — June 30, 2017
STATEMENT OF ISSUE:
Jefferson County Public Health, Environmental Health Department, requests Board approval of Amendment 1
to move the expiration date of the agreement with SRFB and RCO for Duckabush Floodplain Acquisition from
December 30, 2016 to June 30, 2017.
ANALYSIS/ STRATEGIC GOALS/PRO'S and CON'S:
This amendment continues the Duckabush Floodplain Acquisition project approved by the Board in 2014
(WQ-14-232). Objectives of the project 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. The project reimbursement period began on December 4, 2013 and will continue, with
Board approval, until June 30, 2017.
FISCAL IMPACT COST BENEFIT ANALYSIS:
The original reimbursement period of 12/04/2013 to 12/31/2016 will be extended until 06/30/2017.
RECOMMENDATION:
JCPH management request approval of Amendment 1, Duckabush Floodplain Acquisition 2013, for the
reimbursement period December 4, 2013 — June 30, 2017
•
ZVORWAR, -
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Community Health
Developmental Disabilities
360-385-9400
360-385-9401 (f)
12/711
Date
Always working for a safer and healthier community
Environmental Health
Water Quality
360-385-9444
(f) 360-379-4487
WASHINGTON STATE
Recreation and
Conservation Office Amendment to Project Agreement
Project Sponsor: Jefferson County Project Number: 13-1221 C
Project Title: Duckabush Floodplain Acquisition 2013 Amendment Number: 1
Amendment Type:
Time Extension
Amendment Description:
Pursuant to a request from Jefferson County the Project Agreement identified above is
amended to extend the end date of this agreement.
The project period of 12/04/2013 to 12/31/2016 is extended to allow the contracting party
until 06/30/2017 to complete the project.
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:
Kaleen Cottingham
TITLE: Director
DATE: 1/17311I
1
By:
Pre -approved as to form:
Assistant Attorney General
1 ZIL_ 1 ;-
illy
SAL Project Time Extension Amendment
State Building Construction Account
TIMEXTEN.RPT
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RCW 77.85, WAC 420
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WASHINGTON STATE
Recreation and
Conservation Office
Project Sponsor: Jefferson County
Salmon Project Agreement
Salmon Funding Accounts
Project Number: 13-1221 C
Project Title: Duckabush Floodplain Acquisition 2013 Approval Date: 12/4/2013
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.
DESCRIPTION OF PROJECT
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 RCO #12-1385). This is an acquisition/restoration 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 the active Duckabush River floodplain and critical to Chinook salmon recovery. Objectives include
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. A homesite of 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 - in particular the potential placement of ELJs such as the
installations described in the Wild Fish Conservancy Northwest's Duckabush River Restoration 2012 draft designs.
D. PERIOD OF PERFORMANCE
The project reimbursement period shall begin on December 4, 2013 and end on December 31, 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 may 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.
PROJECT FUNDING
The total grant award provided by the funding board for this project shall not exceed $268,125.00. 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 Federal Projects
SRFB - Puget Sound Acq. & Restoration
Project Sponsor
Total Project Cost
Percentage
DollarAmount
76.25%
$251,092.00
5.17%
$17,033.00
18.58%
$61,184.00
100.00%
$329,309.00
Salmon Project Agreement - RCO #13-1221C Salmon Funding Accounts
Chapter 77.85 RCW, Chapter 420 WAC Page 1 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 A-
.. I All_1:
By: Hale:
Name: (printed) )_ILL �I�1� b
Title:
State of Washington
On behalf ofthe Sal an Recav ending Board (SRFB)
By:
Kaleen Cottingham
Director
Pre -approved as to form:
By: /s/
Assistant Attorney General
Date- + //s7Y'z
Date: June 7, 2013
A roved as tq form only
fe .� t' � . rid'
co. U 11r
David Alvarez, Chef Civ. op
A
RECREApON A NWA STATE
D CONSERVATION OFFICE
Salmon Project Agreement - RCO #13-1221 C Salmon Funding Accounts
Chapter 77.85 RCW, Chapter 420 WAC Page 3 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:Cd4�"
State of Washington
on behalf of the Salmon Recovery Funding Board (SRFB)
By:
Kaleen Cottingham
Director
Pre -approved as to form:
By: /S/
Assistant Attorney General
12
Date' Zell
Date: June 7, 2013
A roved as t form only
.JcF r� � ! Nh Terson Co. P mecca#ar'
David Alvarez, Chief Civt DPA
Funding Accounts F
un
Salmon Project Agreement - RCO #13-1221 C SalmonPage 3 of 16
Chapter 77.85 RM Chapter 420 WAC
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 signatory 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)
By:
Kaleen Cottingham
Director
Pre -approved as to form
By: /s/
Assistant Attorney General
Salmon Project Agreement - RCO #13-1221 C
Chapter 77.85 RCW, Chapter 420 WAC
PROJAGRAPT
Date:
Date:
June 7, 2013
Salmon Funding Accounts
Page 3 of 16
SECTION 27.
PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT)
SPONSORS...................................................................................................... 13
SECTION 28.
LIABILITY INSURANCE REQUIRMENTS FOR FIREARMS
AND ARCHERY RANGE SPONSORS................................................................... 14
SECTION 29.
REQUIREMENTS OF THE NATIONAL PARK SERVICE ............................................. 14
SECTION 30.
FARMLAND PRESERVATION ACCOUNT............................................................. 14
SECTION 31,
ORDER OF PRECEDENCE................................................................................. 14
SECTION32.
AMENDMENTS.— ...... -- - -- ... ........................ ........................................ I .... 14
SECTION 33.
LIMITATION OF AUTHORITY.............................................................................. 14
SECTION34.
WAIVER OF DEFAULT..._...............................................................».................. 15
SECTION 35.
APPLICATION REPRESENTATIONS - MISREPRESENTATIONS
ORINACCURACY OR BREACH........................................................................ 15
SECTION 36.
SPECIFIC PERFORMANCE................................................................................ 15
SECTION37.
TERMINATION................................................................................................. 15
SECTION38.
DISPUTE HEARING.... •....... ......................................................... I ... I........ 15
SECTION39.
ATTORNEYS' FEES.........................................................................................1 16
SECTION 40.
GOVERNING LAW/VENUE................................................................................. 16
SECTION41.
SEVERABILITY................................................................................................. 16
Salmon Project Agreement - RCO #13-1221 C Salmon Funding Accounts
Chapter 77.85 RCW, Chapter 420 WAC Page 5 of 16
PROJAGR.RPT
SECTION 2. PERFORMANCE BY THE SPONSOR
The sponsor, and secondary sponsor where applicable, shall undertake the project as described in this Agreement, post evaivalion
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, all as finally approved by the funding board. All 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 and 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 and 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 project
itself remains the sole responsibility 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 project. When a project is sponsored by more than one entity, any and all sponsors are equally responsible for the project and all
post-oompletion stewardship responsibilities.
SECTION 5. INDEMNIFICATION
The sponsor shall defend, Indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at
law Or equily arising In whole or in part from the actual or alleged acts, errors, omissions or negligence of, or the breach of any
obligation under this Agreement by, the sponsor or the sponsor's agents, employees, subcontractors or vendors, of any tier, or any
other persons for whom the sponsor may be 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 or suits based solely upon the negligence of, or breach of any obligation under this Agreement by the State, its
agents, officers, employees, subcontractors or vendors, of any tier, or any other persons for whom the State may be legally liable.
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, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor is legally liable, and (b) the
State Its agents, officers, employees , subcontractors and or vendors, of any tier, or any other persons for whom the State may be
legally liable, the indemnity obligation shall be valid and enforceable only to the extent of the sponsor's negligence or the negligence
of the sponsor's agents, employees, subcontractors or vendors, of any tier, or any other persons for whom the sponsor may be
legally liable.
This provision shall be included in any Agreement between sponsor and any subcontractor and vendor, of any tier.
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
approprialion or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the sponsor or the
sponsor's agents, employees, subcontractors or vendors, of any tier, or any other persons for whom the sponsor may be legally liable,
in performance of the Work under this. Agreement or arising out of any use in connection with the Agreement of methods, processes,
designs, information or tither items fumished or communicated to State, its agents, officers and employees pursuant to the
Agreement; provided lhal this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper
appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from State's,
its agents', officers' and employees' failure to comply with specific written instructions regarding use provided to State, its agents,
officers and employees by the sponsor, its agents, employees, subcontractors or vendors, of any tier, or any other persons for whom
the sponsor may be legally liable.
The sponsor specifically assumes potential liability for actions brought by the sponsor's own employees or its agents against the State
and, solely for the purpose of this indemnification and defense, the sponsor specifically waives any immunity under the state industrial
insurance law, Title 51 RCW.
The RCO is included within the term State, as are all other agencies, departments, boards, or other entities of state government.
SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR
The sponsor and Its employees or agents performing under this Agreement are not officers, ernployees or agents of the funding board
or RCO. The sponsor will not hold itself out as nor claim to bean officer, employee or agent of RCC), a funding board or of the state of
Washington, nor will the sponsor make 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,
Salmon Project Agreement - RCO #13-1221 C Salmon Funding Accounts
Chapter 77.85 RCW, Chapter 420 WAC Page 7 of 16
PROJAGR.RPT
Executive 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 Historic
Preservation. If human remains are discovered during project activity, work in the location of discovery and immediate 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 most expeditious 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 execulive-legislative relationships,
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 appropriatiens pending before the U.S. Congress or any state
legislature.
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 substances, as defined in Chapter 70.105D.020 (10) 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. The sponsor will defend, protect and hold harmless RCO and any and all of its employees and/or agents, from
and against any and all liability, cost (including but not limited to all costs of defense and attorneys' fees) and any and all loss of
any nature from any and all claims or suits resulting 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 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 RCC} deems the project complete , as defined in Section 17(C) below.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all
litigation, claims, or audit findings Invoiving 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 duly authorized by RCO, the
Office of the State Auditor, and federal and state 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 submitted to the State shall be a public record as defined in chapter 42.56 RCW. Additionally, in
compliance with RCW 77.85.130(8), sponsor agrees to disclose any information in regards to expenditure of any funding
received from the SRFB. By submitting 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
such legal rights as are necessary to permit the State to disclose and copy such document to respond to a 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 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. Assets shall remain in the possession of the sponsor for the duration of the project or applicable grant program. When the
sponsor discontinues use of the 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 RCO. Assets
shall be used only for the purpose of this Agreement, unless otherwise provided herein or approved by RCO in writing.
B. The sponsor shall be responsible for any loss or damage to assets which results from the negligence of the sponsor or which
results from the failure on the part of the sponsor to maintain and administer that asset in accordance with sound management
practices.
Salmon Project Agreement - RCO #13-1221 C Salmon Funding Accounts
Chapter 77.85 RCW, Chapter 420 WAC Page s of 16
PROJAGR.RPT
3. A final project report is submitted to and accepted by RCO;
4. Any other required documents are complete and submitted to RCO;
5. A final reimbursement request is submitted to RCO;
6. The completed project has been accepted by RCO;
7. Final amendments have been processed; and
8. Fiscal transactions 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 reimbursement 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
reimbursable activities occurring between July 1 and June 30. Sponsors must refer to the most recently published/adapted 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 SRFB and must comply with SRFB policy. See WAC 420-12-060 (5).
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 reimburse 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 time that payment becomes 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 the purpose of securing business. RCO shall have the right, in the event of breach
of this clause by the sponsor, to terminate this Agreement without Ilabflity or, in its discretion, to deduct from the Agreement grant
amount or consideration or recover by other means the full amount 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 implementation. Review and approval by RCO will be for
compliance with the terms of this Agreement.
B. Contracts for Development, Renovation, or Restoration. Sponsors must have a procurement process that follows applicable state
and/or required federal procurement principles. If no such process exists the sponsor must follow these minimum procedures:
(1) publish a notice to the public requesting bids/proposals for the project (2) specify in the notice the date for submittal of
bidstproposals (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 the RCO that they have followed any applicable state and/or federal procedures or the
above minimum procedure where state or federal procedures do not apply.
C Contract Change Order. Only change orders that impact the amount of funding or changes to the scope of the project as
described to and approved by the funding board or RCO must receive 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 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 Management Practices. Project sponsors are encouraged to use best management practices developed as part of
the Washington State Aquatic Habitat Guidelines (AHG) Program. The best management practices are described in three
documents: "Stream Habitat Restoration Guidelines: Final Draft". 2004; "Design of Road Culverts for Fish Passage", 2003; and
"Integrated Streambank Protection Guidelines", 2002. These documents and other information can be found on the AHG website.
Salmon Project Agreement - RCO #13-1221 C Salmon Funding Accounts
Chapter 77.85 RCW, Chapter 420 WAC Page 11 of 16
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SECTION 24. CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED PROJECTS
For acquisition, development, renovation and restoration projects, sponsors must ensure that properties or facilities assisted with
funding board funds, including undeveloped sites, are built, operated, used, and maintained:
A. According to applicable federal, state, and local laws and regulations, including public health standards and building codes.
B. ' In a reasonably safe condition for the project's intended use.
C. Throughout its estimated life so as to prevent undue deterioration.
D. In compliance with all federal and state nondiscrimination laws, regulations 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 or state 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, 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) Prevailing 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 grazing,
timber harvesting, farming, etc.) are gained during or after the reimbursement period cited in the Agreement, unless precluded by
state or federal law, the revenue may only be used to offset:
1. The sponsor's matching funds;
2. The project's total cost;
3. The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program assisted by the
funding board grant;
q 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 shall not express a preference for users of grant assisted projects on the basis of residence (including preferential
reservation, membership, and/or permit systems) except that reasonable differences in admission and other fees may be maintained
on the basis of residence. Even so, the funding board discourages the imposition of differential fees. Fees for nonresidents must not
exceed twice the fee imposed on residents. Where there is no fee for residents but a fee is charged to nonresidents, the nonresident
fee shall not exceed the amount that would be 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 prior to corporate dissolution. Within 30 days of dissolution the sponsor shall name a qualified successor that will
agree in writing to assume any on-going 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).
Salmon Project Agreement - RCO #13-1221 C Salmon Funding Accounts
Chapter 77.85 RCW, Chapter 420 WAC Page 13 of 16
PROJAGRAPT
SECTION 34. WAIVER OF DEFAULT
Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the
Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of
the terms of the Agreement 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
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
Agreement.
SECTION 36. SPECIFIC PERFORMANCE
The funding board and RCO may enforce this Agreement by the remedy of specific performance, which usually will mean completion
of the project as described in this Agreement. However, the remedy of specific performance shall not be the sole or exclusive remedy
available to RCO. No remedy available to the funding board or RCO shall be deemed 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 application for a grant as finally approved by the funding board
A. For Cause. The funding board or the director may suspend or terminate the obligation to provide funding to the sponsor under
this Agreement:
i. In the event of any breach by the sponsor of any of the sponsor's obligations under this Agreement; 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 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 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 legislative 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 until the necessary action by the Legislature or the Office of f=inancial
Management occurs. If RCO participation 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 in 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 for 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 state:
A. The disputed issues;
B. The relative positions of the parties;
C. The sponsor's name, address, project title, and the assigned project number.
In order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that the
procedure under this section 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 shall be chosen by the funding board's chair.
Any hearing under this section shall be informal, with the spec]fic 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 otherwise unlawful.
Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party. The request shall 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
Salmon Project Agreement - RCO #13-1221 C Salmon Funding Accounts
Chapter 77.85 RCW, Chapter 420 WAC Page 15 of 16
PROJAGR,RPT
Legal Description
Project Sponsor: Jefferson County Project Number: 13-1221 C
Project Title: Duckabush Floodplain Acquisition 2013 RCO Approval: 12/04/2013
Worksite Name
Property Name
Legal Description
Worksite #1 Duckabush Powerlines
Gregory
Worksite #2 Dosewallips Powerlines
Fulton
LEGALDSCAPT October 10, 2014 Page 1
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, Steelhead-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
hftp://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:
12.5
Planting
Acres Planted in riparian:
12.0
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 Salmon -Odd year
ESU, Steelhead-Puget Sound DPS
Targeted species (non -ESU species):
Unknown
Project Identified In a Plan 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
ELIGREIM RPT October 10, 2014 Page:
Milestone Report By Project
X = Milestone Complete
I = Critical Milestone
1MILESTO.RPT October 10, 2014 Page:
Final Report in PRISM
12/01/2016
Restoration Complete
Agreement End Date
Final Design to RCO
12/04/2016
12/31/2016
12/31/2016
As -built planting plan
Final Billing to RCO
01/15/2017
X = Milestone Complete
I = Critical Milestone
1MILESTO.RPT October 10, 2014 Page:
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; nate:—_ ti �J (A
�
Name:(printed)
!+
Title: Ll�f
State of Washington
On behalf of the I
on Recov ending Board (SRFB)
By: Sal
Date' A
LI
} aleen Cottingham
Director
Pre -approved as to form:
By: lsl Date: June 7, 2013
Assistant Attorney General
Lxc�ved as t form oo r�on Co. ecttf �., ,A �
David Al ° xx
vam. chiefCi�.i i;J�A
RECREATIONANWA S TATE
D CONSERVATION OFFICE
Salmon Project Agreement - RCO #13-1221 C
Chapter 77.85 RCW, Chapter 420 WAC
PROJAGR RPT
Salmon Funding Accounts
Page 3 of 16