The URL can be used to link to this page

Home My WebLink AboutWashington State Recreation and Conservation Office (RCO) Quilcene Acquisition, Amendment No. 2 - 010917'J� WASHINGTON STATE ( [yt i)y Pg1F_A? I . 1 . I-( " V " ✓ Recreation and Conservation Office Amendme) to Project Agreement Project Sponsor: Jefferson County Project Number: 12-1384C Project Title: Quilcene Acquisitions 2012 Amendment Number: 2 Amendment Type: A&E/Admin Limit Change Amendment Description: Increase AA&E to maximum allowed due to the additional properties and restoration deliverables in amendment 1. Project Funding: The total cost of the project for the purpose of this Agreement changes as follows: Old Amount New Amount RCO - SALMON ST PROJ Project Sponsor Total Project Cost Admin Limit A&E Limit Agreement Terms Amount % $207,900.00 80.61% $50,000.00 19.39% $257,900.00 100% $8,000.00 3.46% $1,000.00 5.71% Amount % $207,900.00 80.61% $50,000.00 19.39% $257,900.00 100% $11,400.00 5.00% $4,269.23 30.00% 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 Cottinqham TITLE: Director DATE: //— 30 —1-21Q /F_ Pre -approved as to form: BY: /S/ Assistant Attorney General Jefferson County AGENCY: TITLE: 6, a" LR' Ccs DATE: ,Z 16 SAL Project A&E/Admin Limit Change Amendment State Building Construction Account RCW 77.85. WAC 420 AMENAGR1.RPT 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: f Amend description to remove the 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 TITLE: Director DATE:, 11(241 S Pre -approved as to form: BY: /S/ Assistant Attorney General Project Sponsor AGENCY: / J e f e dvl C&L'q� TITLE:%u� DATE: Approved as o form ons 6 Jefferson Co. Prosecutor ffice David Alvarez, Chief Civil DPA iAL Project Agreement Description Change Amendment hate Building Construction Account RCW 77.85, WAC 420 kMENAGR2.RPT Ar-, ndment Agreement Description Project Sponsor: Jefferson County Project Title: Quilcene Acquisitions 2012 Agreement Description Project Number: '12-1384C Amendment Number: 5 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 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 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. 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 Percentage DollarAmount 80.61% $207,900.00 19.39% $50,000.00 100.00% $257,900.00 Salmon Project Agreement - RCO #12-1384C Salmon Funding Accounts Chapter 77.85 RCW, Chapter 420 WAC Page I of 17 PROJAG R. 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 pa les to the Agreement, Jefferson C By: Name: Title: c Date State of Washington On behalf oFthealm n Recovery Funding Board (SRFB) By: Dateottingh m By: Pre -approved as to form: /s/ Assistant Attorney General Date: June 27, 2011 Approved as form only: Iefferson Co. prosecutor APR 25Ml RECREA?iQiv AiN' kv-; Salmon Project Agreement - RCO #12-1384C Salmon Funding Accounts Chapter 77.85 RCW, Chapter 420 WAC Page 3 of 17 P ROJAG R. 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 SECTION32. AMENDMENTS................................................................................................. 15 SECTION 33. LIMITATION OF AUTHORITY.............................................................................. 15 SECTION34. WAIVER OF DEFAULT....................................................................................... 15 SECTION 35. APPLICATION REPRESENTATIONS - MISREPRESENTATIONS ORINACCURACY OR BREACH.......................................................................... 15 SECTION 36. SPECIFIC PERFORMANCE................................................................................ 16 SECTION37. TERMINATION................................................................................................. 16 SECTION38, DISPUTE HEARING.......................................................................................... 16 SECTION39. ATTORNEYS' FEES.......................................................................................... 17 SECTION 40. GOVERNING LAW/VENUE................................................................................. 17 SECTION41. SEVERABILITY................................................................................................ 17 Salmon Project Agreement - RCO #12-1384C Salmon Funding Accounts Chapter 77.85 RCW, Chapter 420 WAC Page 5 of 17 PROJAGR.RPT C. Definitions. As used throughout thisAgreei- the following terms shall have the meaning set fon ow: acquisition -The purchase of fee or less than fee interests in real property. These interests include, but are not limited to, options, right of first refusal, conservation easements, accessitraii easements, covenants, water rights, leases, and mineral rights. Agreement - The accord accepted by all parties to the present transaction; this Agreement, any supplemental Agreements, any amendments to this Agreement and any intergovernmental Agreements. applicant - Any agency or organization that meets the qualifying 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 - Equipment 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 but 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 eligible activities for this project under a separate Agreement with the sponsor. The term "contractor' and "contractors" means contractor(s) in any tier. secondary sponsor - one of two or more eligible organizations that sponsors a grant -funded project. Of these two sponsors, only one - the primary sponsor - may be the fiscal agent. development - The construction 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 - Components of the funded project as provided in the project description. funding board - The board that authorized the funds in this Agreement, either the Recreation and Conservation Funding Board (RCFB) created under chapter 79A.25.110 RCW, or the Salmon Recovery Funding Board (SRFB) created under chapter 77.85.110 RCW. grantee -The organizational entity or individual to which a grant (or cooperative agreement) is awarded and signatory to the Agreement which is responsible and accountable both for the use of the funds provided and for the performance of the grant -supported project or activities. landowner agreement - A landowner agreement 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 - An important event with a defined deadline for an activity related to implementation of a funded project. period of performance - The time period specified in the Agreement, under Section D, period of performance. project - The undertaking that is the subject of this Agreement and that is, or may be, funded in whole or in part with funds administered by RCO on behalf of the funding board. RCO - Recreation and Conservation Office - The state office that provides administrative support to the Recreation and Conservation Funding Board and Salmon Recovery Funding Board. RCO includes the director and staff, created by Chapters 79A.25.110 and 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. renovation - The activities intended to improve an existing site or structure in order to increase its service life or functions. This does not include maintenance activities. restoration -Bringing a site back to its original function as part of a natural ecosystem or improving the ecological functionality of a site. sponsor - The eligible applicant who has been awarded a grant of funds and is bound by this executed Agreement; includes its officers, employees, agents and successors. subgrantee - The term subgrantee means the government or other legal entity to which a subgrant is awarded and which is accountable to the grantee for the use of the funds provided. Salmon Funding Accounts Salmon Project Agreement - RCO #12-1384C Page 7 of 17 Chapter 77.85 RCW, Chapter 420 WAC PROJAGR.RPT C. Ceremonies. The sponsor shall notify RCu iter than two weeks before a dedication ceremony is project. The sponsor shall verbally acknowledge the applicable grant program's funding contribution at all dedication ceremonies. D. Federally Funded Projects. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing a project funded in whole or in part with federal money provided for in this grant, sponsors shall clearly state: 1. The percentage of the total costs of the project that is financed with federal money; 2. The dollar amount of federal funds for the project; 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 implement the Agreement in accordance with applicable federal, state, and local laws, regulations and RCO and funding board policies regardless of whether the sponsor is a public or non-public organization. The sponsor shall comply with, and RCO is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, and/or policies, including, but not limited to: State Environmental Policy Act; Industrial Insurance Coverage; Architectural Barriers Act; permits (shoreline, Hydraulics Project Approval, demolition); land use regulations (critical areas ordinances, Growth Management Act); federal and state safety and health regulations (Occupational Safety and Health Administration/Washington Industrial Safety and Health Act); and Buy American Act. Endangered Species For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the sponsor shall not commence with clearing of riparian trees or in -water work unless either the sponsor has complied with 50 CFR 223.203 (b)(8), limit 8 or until an Endangered Species Act consultation is finalized in writing by the National Oceanic and Atmospheric Administration. Violation 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 The sponsor shall comply with all applicable federal, state, and local nondiscrimination laws and/or policies, including but not limited to: the Americans with Disabilities Act; Civil Rights Act; and the Age Discrimination Act. In the event of the sponsor's noncompliance or refusal 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 funding 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 and 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 all workers, laborers, or mechanics employed in the performance of any part of this contract if state law applies to the lands in question and the prevailing wage law applies to the work being 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 Cultural Resources 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 compliance 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 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 executive -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 appropriations pending before the U.S. Congress or any state legislature. Salmon Project Agreement - RCO #12-1384C oa -',y r.-- Chapter 77.85 RCW, Chapter 420 WAC Page 9 of 17 PROJAGR.RPT SECTION 15. DEBARMENT CERTIFICATION A. For Federally Funded Projects By signing the Agreement with RCO, the sponsor certifies that neither it nor its principals nor any other lower tier participant are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department or agency. Further, the sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party that is on the "General Services Administration's Excluded from Federal Procurement or Non -procurement Programs at http://www.epis.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 no its principals nor any other lower tier participant are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by Washington State Labor and Industries. Further, the sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party that is on the "Contractors not Allowed to Bid on Public Works Projects" list at http://www.Ini.wa.govfrradesLicensi ng/PrevWage/AwardingAgencies/DebarredContractors/ SECTION 16. PROJECT FUNDING A. Additional Amounts. The funding board shall not 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 this Agreement. B. Before the 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 retroactivity 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, the grant amounts identified in this Agreement shall be reduced to exclude any such 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 remitted to their vendors. RCO will then reimburse the sponsor for those costs based upon RCO's percentage as defined in Section F of the Project Agreement of the amount billed to RCO. RCO does not reimburse for 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. Afinal 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/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 SRFB and must comply with SRFB policy. See WAC 420-12-060 (5). Salmon Funding Accounts Salmon Project Agreement - RCO #12-1384C Page 11 of 17 Chapter 77.85 RCW, Chapter 420 WAC PROJAGR.RPT The funding board and RCO rely on the sponso .plication in making its determinations as to eligibili,, 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 sponsors 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 Financial 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 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 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 party which it wishes to dispute. The written Agreement to use the process under this section for resolution of those issues shall be delivered or mailed by the receiving party to the requesting party within thirty (30) days of receipt by the receiving party of the request. All costs associated with the implementation of this process shall be shared equally by the parties. Salmon Project Agreement - RCO #12-1384C Salmon Funding Accounts Chapter 77.85 RCW, Chapter 420 WAC Page 16 of 17 PROJAGR. RPT C. The policy, endorsement or other addition, - similar liability insurance policy meeting the requires, s 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 RCO 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 facilities as firearms 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 damage to property which that person may suffer while present at, or in the vicinity of, the facility to which this grant relates. Any such person, or any other person making claims based on such death, injury, or damage, must look to the sponsor, or others, for any and all remedies that may be available by law. SECTION 29. REQUIREMENTS OF THE NATIONAL PARK SERVICE If the project has been approved by the National Park Service, US Department of the Interior, for funding assistance from the federal Land and Water Conservation Fund (LWCF), the "Project Agreement General Provisions" in the LWCF State Assistance Program Federal Financial Assistance 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 RCO with reports or documents needed to meet the requirements of the LWCF General Provisions. SECTION 30. FARMLAND PRESERVATION ACCOUNT For projects funded through the Washington Wildlife and Recreation Program Farmland Preservation Account, the following sections will not apply if covered separately in a recorded RCO approved Agricultural Conservation Easement. Section 8 - Acknowledgement and Signs, • Section 10 - Hazardous Substances, Section 14 - Stewardship and Monitoring • Section 22 - Provisions Applying to Acquisition Projects, Sub -sections F and G. Section 23 - Restriction on 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 between its terms and any applicable statute, rule, or policy or procedure, the inconsistency shall be resolved by giving precedence in the following order: A. Applicable federal and/or state statutes, regulations, policies and procedures including RCO/funding board policies and 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 32. AMENDMENTS ing and signed by personnel authorized to bind each of the parties Amendments to this Agreement shall be binding only if in writ except period of performance extensions and minor scope adjustments need only be signed by RCO's director or designee. SECTION 33. LIMITATION OF AUTHORITY Only RCO or RCO's delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Agreement. Furthermore, any alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by RCO. SECTION 34. WAIVER OF DEFAULT deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Waiver of any default shall not be de a waiver of any other or subsequent breach and shall not be construed to be a modification of Agreement shall not be deemed to 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 Salmon Project Agreement- RCO #12-1384C Chapter 77.85 RCW, Chapter 420 WAC P R OJAGR. RPT Salmon Funding Accounts Page 15 of 17 SECTION 39. ATTORNEYS' FEES In the event of litigation or other action brouaht to enforce contract terms, each party agrees to bear its own attorney fees and costs. SECTION 40. GOVERNING LAWNENUE 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 county 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 Washington intends to initiate a lawsuit against a federally recognized Indian tribe relating to the performance, breach or enforcement of this Agreement, it shall so notify the Tribe. If the Tribe believes that a good faith basis exists for subject matter jurisdiction of such a lawsuit in federal court, the Tribe shall so notify the State within five days of receipt of such notice and state the basis for such jurisdiction. If the Tribe so notifies the State, the State shall bring such lawsuit in federal court; otherwise the State may sue the Tribe in the Thurston County Superior Court. Interpretation of the Agreement shall be according to applicable State law, except to the extent preempted by federal or tribal law. In the event suit is brought in federal court and the federal court determines that it lacks subject matter jurisdiction to resolve the dispute between the State and Tribal Party, then the parties agree to venue in Thurston County Superior Court. B. Any judicial award, determination, order, decree or other relief, whether in law or equity or otherwise, resulting from such a lawsuit shall be binding and enforceable on the parties. Any money 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 immunity 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 this Agreement are 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 validity of the remainder of the Agreement. Salmon Project Agreement - RCO #12-1384C Salmon Funding Accounts Chapter 77.85 RCW, Chapter 420 WAC Page 17 of 17 P ROJAGR. R PT Eligible Scope Activities Real Property Acquisition Land Acres by Acreage Type (fee simple): 0.16 Riparian No structures on site Existing structures on site: No Clean up of hazardous substances required (yes/no): Incidentals Standard Incidentals Stewardship plan 0.16 Acres included in the stewardship plan: Administrative Costs (Acq) Administrative costs (Acq) .estoration 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 Hood Canal Summer Chum ESAREstoration Project Identified In a Plan or Watershed Assessment: 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 0.00 Total Riparian Miles Streambank Treated: Total Riparian Acres Treated: 1'9 Planting 1.6 Acres Planted in riparian: Miles of streambank planted: Riparian Plant removal / control 1.6 Acres of riparian treated for plant removal/control: 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 615 Sheridan Street Port Townsend, WA 98368 www.JeffersonC( iePcr�!ggi Nealth.org 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: IIG,(Ac)I--�- SUBJECT: Agenda Item — Project Agreement Amendment #2 — Quilcene Acquisitions, 2012, RCO #12-1384C STATEMENT OF ISSUE: Jefferson County Public Health (JCPH), Water Quality Division, requests Board approval of Amendment 2 to the Project Agreement between JCPH and WA State Recreation and Conservation Office (RCO) to increase A&E/Admin funding. ANALYSIS/ STRATEGIC GOALS/PRO'S and CON'S: Specifically this amendment's purpose is to amend the Project Agreement between JCPH and RCO to increase AA&E to maximum allowed due to the additional properties and restoration deliverables in amendment 1. The Admin Limit will increase by $3,400 for a total of $11,400. The A&E Limit will increase by $3,269.23 for a total of $4,269.23. The AA&E total increase is $6,669.23. In all other respects, the agreement remains unchanged. FISCAL IMPACT/COST BENEFIT ANALYSIS: The Admin Limit will increase by $3,400 for a total of $11,400. The A&E Limit will increase by $3,269.23 for a total of $4,269.23. The AA&E total increase is $6,669.23; for a grand total of $273,569.23. RECOMMENDATION: JCPH management request approval of Washington State Recreation and Conservation Office Amendment #2 to Quilcene Acquisitions Project, 2012, RCO #12-1384C; 12/6/2012 — 12/30/2016; Additional $6,669.23 for a grand total of $273,569.23. Z EWED BY: Morle my AdKinistrator 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 -7_�i_ -0 615 Sheridan Street Port Townsend, WA 98368 www.JeffersonCountyPublicHealth.org WQ-15-122- A-2 CONTRACT REVIEW FORM U 0 X016 CONTRACT WITH: RCO Quilcene Acquisitions CONTRACT FOR: Amendment to adjust A&E / Admin limit TERM: 12/6/2012 -12/31/2016 COUNTY DEPARTMENT: Jefferson County Public Health For More Information Contact: Tami Pokorny Contact Phone #: X498 RETURN TO: Jenny Matter RETURN BY: ASAP AMOUNT: $6,669.23 Revenue: Expenditure: Matching Funds Required: Source(s) of Matching Funds: Step 1: REVIEW BY Review b� Date Revn ,,2r-- APPROVED FORM Comments: PROCESS: 13 Exempt from Bid Process ❑ Consultant Selection Process ❑ Cooperative Purchase ❑ Competitive Sealed Bid ❑ Small Work Roster ❑ Vendor List Bid ❑ RFP or RFQ 21 Other: Amendment to RCO #12-1384C C2-�l'c urned for revision (See Comments) Step 2: REVIEW BY PROSECUTING ATT,RN Review by: / Date Reviewed: APPROVED AS TO FORM Li Returned f r rev' ion (See Comments) Comments: (This form to stay with contract throughout the contract review process) Community Health Environmental Health Developmental DisaU ities Water Quality 360-385-9400 360-385-9444 360-385-9401 (f) Always working for a safer and healthier community (f) 360-379-4487