HomeMy WebLinkAbout111918_cabs01 615 Sheridan Street
' Port Townsend, WA 98368
(Masonwww.JeffersonCountyPublicHealth.org
Public Healt Consent Agenda
November 13, 2018
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Stuart Whitford, Environmental Public Health Director
Tami Pokorny, Natural Resources Program Coordinator
DATE:
SUBJECT: Agenda Item — Presentation/Discussion: Lower Big Quilcene Floodplain
Acquisition Update, Grants and MOU — $0
STATEMENT OF ISSUE:
Jefferson County Public Health requests the BoCC hear and discuss information on the status of Lower Big
Quilcene Floodplain Acquisitions, pending grants, and an MOU.
ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S:
In coordination with RCO SRFB — Salmon State Projects, Dept. of Ecology Terry Husseman —Water Quality
Projects, and Hood Canal Salmon Enhancement Group (HCSEG), JCPH will acquire, clean-up, and restore
properties on the lower Big Quilcene River floodplain from willing sellers. Acquisitions also support a
broader effort to recover the natural, self-sustaining channel migration zone functions that generate
productive fish and wildlife habitat in the lower three miles to benefit Hood Canal Summer Chum and Puget
Sound Chinook.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
The costs to hear and discuss the presentation are negligible. Three pending grants (two from RCO and one
from Ecology) and one MOU (with HCSEG) are being submitted separately for signature. The grants and
MOU are paired to provide the requisite match amounts. There is no impact to the General Fund.
RECOMMENDATION:
JCPH Management recommends the BoCC hear and discuss information on the status of Lower Big Quilcene
Floodplain Acquisitions, pending grants, and an MOU.
REVIEWED BY:
iddLâr /a31.
Phi • orley, County Ad inistrator Date
Community Health Environmental Health
Developmental Disabilities Water Quality
360-385-9400 360-385-9444
360-385-9401 (f) Always working for a safer and healthier community (f)360-379-4487
•
" „ DEPARTMENT CSF
ECO LOGY—
s
State of Washington
Agreement No. SEATHA-VER3-JeCoPH-00037
SHORELANDS TERRY HUSSEMAN ACCOUNT V3 AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
JEFFERSON COUNTY PUBLIC HEALTH
This is a binding Agreement entered into by and between the state of Washington, Department of Ecology,
hereinafter referred to as"ECOLOGY,"and Jefferson County Public Health,hereinafter referred to as the
"RECIPIENT,"to carry out with the provided funds activities described herein.
GENERAL INFORMATION
Project Title: Lower Big Quilcene Floodplain Demolitions and
Replanting
Total Cost: $238,735.00
Total Eligible Cost: $35,810.00
Ecology Share: $35,810.00
Recipient Share: $0.00
The Effective Date of this Agreement is: 11/15/2018
The Expiration Date of this Agreement is no later than: 05/15/2020
Project Type: Statewide Significance
Project Short Description:
In coordination with other grant program activities,the RECIPIENT will acquire, clean-up,and restore one or
more properties on the lower Big Quilcene River floodplain for improved water quality. The project also
supports a broader effort to recover the natural, self-sustaining channel migration zone functions that generate
productive fish and wildlife habitat in the lower three miles to benefit Hood Canal Summer Chum and Puget
Sound Chinook.
Project Long Description:
The Big Quilcene River is located in west central Hood Canal and sustains a vitally important run of ESA-listed
Hood Canal Summer-run Chum salmon. The river also provides habitat for Puget Sound Chinook and odd-year
pink salmon as well as Puget Sound steelhead and cutthroat trout. The Hood Canal Summer Chum Recovery
Plan identifies the lower mile of the Big Quilcene River as the area where most of the summer chum spawning
occurs.
State of Washington Department of Ecology Page 2 of t
Agreement No: SEATHA-VER3-JeCoPH-00037
Project Title: Lower Big Quilcene Floodplain Demolitions and Replanting
Recipient Name: Jefferson County Public Health
Since the early 1990s,more than 110 acres of floodplain and estuary have been acquired and cleaned up by
Jefferson County, WDFW and the Hood Canal Salmon Enhancement Group(HCSEG)in anticipation of
comprehensive restoration efforts. Currently,the river channel is artificially straightened, confined and aggraded
and it lacks the habitat diversity needed to sustain fish over time. The preferred restoration designs recommend
removal of the north side levee,construction of a new channel, and relocation and enlargement of an existing
bridge. The final restoration design will be determined by the geography of additional willing landowners.
The RECIPIENT will coordinate and conduct tasks and services and communications necessary to acquire and
restore one or more identified properties(number of properties contingent on their fair market value and
availability of funds). In addition to closing,these may include communications with project partners,
community members,and landowners; performance of environmental site assessments,appraisals, appraisal
reviews, surveys, and inspections; and development of agreements,reports,and agreements.
The RECIPIENT will also conduct necessary testing prior to demolition and/or cleanup of solid waste,vehicles,
or other materials. Submit for permits for demolition, cleanup,well decommissioning including well casing
removal, and onsite septic system decommissioning. Develop and distribute a Request for Proposal (RFP).
Contract for, conduct, and complete demolition, decommissioning(of well and on-site septic system), cleanup,
and re-vegetate properties.
As an outgrowth of this project, land improvements will be removed from the Y
floodplain. Onsite systems and
p
wells will be decommissioned and any solid waste removed. Invasive weeds will be removed and disturbed
areas will be replanted/reseeded in preparation for implementation of the final Lower Big Quilcene Restoration
Design.
This project's scope of work, budget and deliverables are intended to align with those of the RECIPIENT'S
Recreation and Conservation Office Project#16-1480. In addition,the Hood Canal Salmon Enhancement Group
has been awarded a Floodplains by Design grant,Agreement SEAFBD-2017-HoCSEG-00009 for work
associated with this project during the 2017-2019 funding cycle.
Overall Goal:
The project goal is to successfully acquire and restore one or more floodplain properties,up to the limit of
available funds,necessary to the future implementation of the Lower Big Quilcene Restoration Design. The
design,which is currently under development by Hood Canal Salmon Enhancement Group, under a Floodplains
by Design Agreement(SEAFBD-2017-HoCSEG-00009)is intended to reestablish a natural, self-sustaining
channel migration zone and to recover ESA-listed Hood Canal Summer Chum Salmon habitat in the lower mile
of the river.
Version 10/30/2015
' Stgte of Washington Department of Ecology Page 3 of 24
Agreement No: SEATHA-VER3-JeCoPH-00037
Project Title: Lower Big Quilcene Floodplain Demolitions and Replanting
Recipient Name: Jefferson County Public Health
RECIPIENT INFORMATION
Organization Name: Jefferson County Public Health
Federal Tax ID: 91-6001322
DUNS Number: 184826790
Mailing Address: 615 Sheridan St
Port Townsend, WA 98368
Physical Address: 615 Sheridan St
Port Townsend, Washington 98368
Organization Fax: (360)379-4487
Contacts
Project Manager Tamara Pokorny
Natural Resources Program Coordinator
615 Sheridan St
Port Townsend, Washington 98368
Email: tpokorny@co.jefferson.wa.us
Phone: (360)385-9444
Billing Contact Susan Parke
Financial Operations Coordinator
615 Sheridan Street
Port Townsend, Washington 98368
Email: sparke@co.jefferson.wa.us
Phone: (360)385-9437
Authorized David Sullivan
Signatory Chair, Board of County Commissioners
PO Box1220
Port Townsend, Washington 98368
Email: dsullivan@co.jefferson.wa.us
Phone: (360)385-9103
Version 10/30/2015
State of Washington Department of Ecology Page 4 of 24
Agreement No: SEATHA-VER3-JeCoPH-00037
Project Title: Lower Big Quilcene Floodplain Demolitions and Replanting
Recipient Name: Jefferson County Public Health
ECOLOGY INFORMATION
Mailing Address: Department of Ecology
Shorelands
PO BOX 47600
Olympia, WA 98504-7600
Physical Address: Shorelands
300 Desmond Drive SE
Lacey, WA 98503
Contacts
Michelle McConnell
Project
Manager
PO Box 47775
Olympia, Washington 98504-7775
Email: micm461@ecy.wa.gov
Phone: (360)407-6349
Amy Krause
Financial
Manager
PO Box 47600
Olympia, Washington 98504-7600
Email: amkr461@ecy.wa.gov
Phone: (360)407-7107
Version 10/30/2015
State of Washington Department of Ecology Page 5 of 24
Agreement No: SEATHA-VER3-JeCoPH-00037
Project Title: Lower Big Quilcene Floodplain Demolitions and Replanting
Recipient Name: Jefferson County Public Health
AUTHORIZING SIGNATURES
RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things
necessary for or incidental to the performance of work as set forth in this Agreement.
RECIPIENT acknowledges that they had the opportunity to review the entire Agreement, including all the terms and
conditions of this Agreement, Scope of Work,attachments, and incorporated or referenced documents,as well as all
applicable laws, statutes,rules, regulations,and guidelines mentioned in this Agreement. Furthermore,the
RECIPIENT has read, understood,and accepts all requirements contained within this Agreement.
This Agreement contains the entire understanding between the parties,and there are no other understandings or
representations other than as set forth, or incorporated by reference,herein.
No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed
by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. ECOLOGY and
RECIPIENT may change their respective staff contacts without the concurrence of either party.
This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be
binding until so approved.
The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their
respective organizations to this Agreement.
IN WITNESS WHEREOF:the parties hereto,having read this Agreement in its entirety, including all attachments, do
agree in each and every particular and have thus set their hands hereunto.
Washington State
Department of Ecology Jefferson County Public Health
By: By:
Gordon White Date David Sullivan Date
Shorelands Chair,Board of County Commissioners
Program Manager
Template Approved to Form by
Attorney General's Office
Version 10/30/2015
State of Washington Department of Ecology Page 6 of 24
Agreement No: SEATHA-VER3-JeCoPH-00037
Project Title: Lower Big Quilcene Floodplain Demolitions and Replanting
Recipient Name: Jefferson County Public Health
SCOPE OF WORK
Task Number: 1 Task Cost: $945.00
Task Title: Project Administration/Management
Task Description:
A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements.
Responsibilities include,but are not limited to: maintenance of project records; submittal of requests for
reimbursement and corresponding backup documentation; progress reports; and a recipient closeout report(including
photos).
B. The RECIPIENT shall maintain documentation demonstrating compliance with applicable procurement,
contracting,and interlocal agreement requirements;application for, receipt of, and compliance with all required
permits, licenses, easements,or property rights necessary for the project; and submittal of required performance items.
C. The RECIPIENT shall manage the project. Efforts include, but are not limited to: conducting, coordinating,and
scheduling project activities and assuring quality control. Every effort will be made to maintain effective
communication with the RECIPIENT's designees;ECOLOGY; all affected local, state,or federal jurisdictions; and any
interested individuals or groups. The RECIPIENT shall carry out this project in accordance with any completion dates
outlined in this agreement.
Task Goal Statement:
Properly managed and fully documented project that meets ECOLOGY's grant administrative requirements.
Task Expected Outcome:
* Timely and complete submittal of requests for reimbursement,quarterly progress reports and recipient closeout
report.
* Properly maintained project documentation
Recipient Task Coordinator: Tami Pokorny
Project Administration/Management
Deliverables
Number Description Due Date
1.1 Quarterly Progress Reports
1.2 Recipient Closeout Report 05/15/2020
1.3 Project Outcome Summary Report 05/15/2020
Version 10/30/2015
' State of Washington Department of Ecology Page 7 of 24
Agreement No: SEATHA-VER3-JeCoPH-00037
Project Title: Lower Big Quilcene Floodplain Demolitions and Replanting
Recipient Name: Jefferson County Public Health
SCOPE OF WORK
Task Number: 2 Task Cost: $26,330.00
Task Title: Property Acquisition
Task Description:
The RECIPIENT will work with project partners and landowners to acquire key parcels located in the"Lower One
Mile"Reach of the Big Quilcene River floodplain.
Property acquisitions involve one or more properties, up to the limit of available funds, in the"lower One Mile Reach
(see EAGL Update screen for Exhibit 2.).
Acquisition Report:
For each property purchased, The RECIPIENT will prepare an Acquisition Report. The Acquisition Report will be
completed prior to submittal to Ecology and request for reimbursement.Each Acquisition Report will include but is
not limited to the following documents:
A. Acquisition Face Sheet(ECOLOGY Form).
B. Appraisal including:
-Name/Address of seller.
-General Vicinity Map.
-Site Specific Map.
-Legal Description.
-Title Report.
C. Offer letter of just compensation.
D. Settlement Statement or equivalent.
E. Hazardous Substances Certification(ECOLOGY Form), and Property Assessment Checklist*,both signed by the
County's Public Health Department.
Note: If underground tanks/septic have been left on properties until final demolition/decertification,please provide an
explanatory note/memorandum of action to be taken.
F. Annotated photographic documentation of each property acquired in sufficient quantity and quality to document the
state of the properties prior to and after acquisition. "After" photos are particularly needed if site is subsequently
cleared of human elements such as structures,wells,septic systems, fencing, etc.
G. Conservation Covenant(ECOLOGY Form): All properties acquired shall be protected as open space in perpetuity
for floodplain and wetland functions, including a potential setback levee, a natural riverine environment,and as
applicable: non-motorized public access trails and viewpoints with restroom facilities,nature preserves, cultivation,
grazing and unimproved porous parking.
(The Acquisition Report will include the pre-recorded Conservation Covenant and deed. The recorded Conservation
Version 10/30/2015
State of Washington Department of Ecology Page 8 of 24
Agreement No: SEATHA-VER3-JeCoPH-00037
Project Title: Lower Big Quilcene Floodplain Demolitions and Replanting
Recipient Name: Jefferson County Public Health
Covenant and deed will be submitted to Ecology after recording with County).
H. Escrow Process: (if applicable): If RECIPIENT requires resources to acquire property in advance of closing.
The RECIPIENT can request(an exception to Ecology's reimbursement policy)by going process.
through the
This process allows Ecology to pay RECIPIENT's grant funds in advance for the property acquisition through the title
company.
The RECIPIENT,working through an established title company, will provide ECOLOGY with supporting documents
including:
1)(Hard copy)(red)Face Sheet for acquisitions.
2)(Electronic)Payment Request entered in Ecology's web based grant system.
3)(Hard copy)Title Company's "Wire Transfer Request" with routing number, and wiring instructions for specific
property referenced.
4)(Hard copy) Settlement Statement.
5)Closing date of property.
ECOLOGY will wire funds to the title company for acquisition at the time of closing.
NOTE: Allow sufficient time for ECOLOGY and the Office of the State Treasurer to process documentation(a
minimum of three(3)weeks prior to closing).
Task Goal Statement:
Acquire specific properties from willing sellers in the lower Big Quilcene valley to restore floodplain to open space in
perpetuity per the respective conservation covenants.
Task Expected Outcome:
Protecting people from flood prone properties; removing structures unrelated to floodplain recovery; and providing
open space in perpetuity for floodplain restoration.
Recipient Task Coordinator: Tami Pokorny
Property Acquisition
Deliverables
Number Description Due Date
2.1 Acquisition Report for each property purchased. Upload to EAGL. 05/15/2020
2.2 Include Summary report with photos of acquisition and waste removed in 05/15/2020
the RECIPIENT Closeout Report and the Project Outcome Summary
Report(Task 1).
Version 10/30/2015
' State of Washington Department of Ecology Page 9 of 24
Agreement No: SEATHA-VER3-JeCoPH-00037
Project Title: Lower Big Quilcene Floodplain Demolitions and Replanting
Recipient Name: Jefferson County Public Health
SCOPE OF WORK
Task Number: 3 Task Cost: $6,535.00
Task Title: Demolition and Cleanup
Task Description:
A. The RECIPIENT will conduct necessary testing prior to demolition and the cleanup of solid waste and other
materials. The RECIPIENT will complete and submit all permitting required by federal, state, and local laws and
ordinances, for demolition, cleanup, decommissioning of wells including well casing removal, and decommissioning
of the onsite septic system.
B. The RECIPIENT will assess the presence and condition of any underground septic and or oil tanks and, if
applicable and if necessary, will develop a removal and decommission plan.
C. The RECIPIENT will develop and distribute a Request for Proposal(RFP), conduct a proper bid process,and select
a contractor to complete the removal and cleanup.
D. The RECIPIENT will ensure the completion of the contract to safely remove debris off site, and to dispose of any
associated hazardous materials, in an environmentally approved manner,to a certified hazardous waste facility.
E. The RECIPIENT will develop two Inadvertent Discovery Plans(IDP)using an approved template provided by
ECOLOGY's Project Manager. The RECIPIENT will upload copies of the IDP to EAGL prior to implementation. The
RECIPIENT will instruct the contractor to keep the IDPs at each of the project sites,make the IDPs readily available to
anyone working at the project sites, discuss the IDPs with the crew working at the project sites, and implement the IDP
if and when cultural resources or human remains are found at the project sites.
Task Goal Statement:
Remove threats to water quality,floodplain function,and habitat in the Lower Big Quilcene.
Task Expected Outcome:
The expected outcome of this task is the completion of all necessary steps for the safe removal and disposal of any
associated debris along the shoreline of Lower Big Quilcene. •
Version 10/30/2015
State of Washington Department of Ecology Page 10 of 24 •
Agreement No: SEATHA-VER3-JeCoPH-00037
Project Title: Lower Big Quilcene Floodplain Demolitions and Replanting •
Recipient Name: Jefferson County Public Health
Recipient Task Coordinator: Tami Pokorny
Demolition and Cleanup
Deliverables
Number Description Due Date
3.1 Complete all required permitting and upload documentation that all
permit requirements have been met for each site to EAGL,prior to
implementation.
3.2 Complete and upload an Inadvertent Discovery Plan(IDP)for each
project site, into EAGL prior to implementation.
3.3 Complete competitive bids,contractor selection, contracting,contract
management, and upload all related documentation to EAGL.
3.4 Ensure removal of structures and associated debris from property. The
RECIPIENT will provide documentation that this was done to the
ECOLOGY Project Manager and will record this in the progress report.
3.5 Include before and after photos of the site in both the Recipient Closeout 05/15/2020
Report and the Project Outcome Summary Final Report(Task 1).
Version 10/30/2015
' State of Washington Department of Ecology Page 11 of 24
Agreement No: SEATHA-VER3-JeCoPH-00037
Project Title: Lower Big Quilcene Floodplain Demolitions and Replanting
Recipient Name: Jefferson County Public Health
SCOPE OF WORK
Task Number: 4 Task Cost: $2,000.00
Task Title: Site Restoration and Revegetation
Task Description:
The restoration methods,materials, and species for vegetation used by the RECIPIENT will be consistent with specific
needs of the properties areas.
A. The RECIPIENT will develop a planting plan for each of the properties. The plan will include a map of the
planting areas,plant list, identify the responsibilities to be undertaken, and will include a maintenance schedule.
B. The RECIPIENT will hire a contractor, or WCC crew if available,to remove invasive vegetation at one or more
properties.
C. The RECIPIENT will instruct the contractor,or WCC crew,to manually and mechanically remove invasive
species, on one or more properties,with a specific focus on controlling all Himalayan Blackberries,and other invasive
species, as time allows.
D. The RECIPIENT will develop two Inadvertent Discovery Plans(IDP)using an approved template provided by
ECOLOGY's Project Manager. The RECIPIENT will upload copies of the IDP to EAGL prior to implementation. The
RECIPIENT will instruct the contractor, or WCC crew,to keep the IDPs at the project sites,make the IDP readily
available to anyone working at the project sites,discuss the IDP with the crew working at the project sites, and
implement the IDP if and when cultural resources or human remains are found at the project sites.
E. Once invasive plants and non-native weeds are well controlled,the RECIPIENT will re-vegetate the area by
reseeding and planting bare root conifer seedlings at a minimum density of 20 feet on center. Plants used shall be
compatible with the site soil conditions, and the appropriate plant protection used to reduce plant mortality.
Task Goal Statement:
Reduce invasive weed presence and restore properties to their native vegetated state.
Task Expected Outcome:
Properties acquired to support implementation of the Lower Big Quilcene Restoration Plan are returned to open space
and disturbed soils are stabilized by reseeding and replanting of native seedlings.
Version 10/30/2015
State of Washington Department of Ecology Page.12 of 24
Agreement No: SEATHA-VER3-JeCoPH-00037
Project Title: Lower Big Quilcene Floodplain Demolitions and Replanting
Recipient Name: Jefferson County Public Health
Recipient Task Coordinator: Tami Pokorny
Site Restoration and Revegetation
Deliverables
Number Description Due Date
4.1 Complete a detailed planting plan. Upload to EAGL.
4.2 Hire a contractor to remove and treat invasive weeds and plant native
species on each property. Upload all related documentation to EAGL.
4.3 Complete and upload an Inadvertent Discovery Plan(IDP)for each
project site,into EAGL prior to implementation.
4.4 Include before and after photos of the site in both the Recipient Closeout 05/15/2020
Report and the Project Outcome Summary Final Report(Task 1).
Version 10/30/2015
' State of Washington Department of Ecology Page 13 of 24
Agreement No: SEATHA-VER3-JeCoPH-00037
Project Title: Lower Big Quilcene Floodplain Demolitions and Replanting
Recipient Name: Jefferson County Public Health
BUDGET
Funding Distribution EG190200
NOTE: The above funding distribution number is used to idents this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to identify each budget.
Funding Title: Terry Husseman Account(Coastal Protection Funding Type: Grant
Funding Effective Date: 11/15/2018 Funding Expiration Date: 05/15/2020
Funding Source:
Title: Terry Husseman Account(Costal Protection Fund)
Type: State
Funding Source%: 100%
Description: Terry Husseman Account(Coastal Protection Fund)
Approved Indirect Costs Rate: Approved State Indirect Rate: 30%
Recipient Match%: 0%
InKind Interlocal Allowed: No
InKind Other Allowed: No
Is this Funding Distribution used to match a federal grant? No
Terry Husseman Account(Coastal Protection Fund) Task Total
Project Administration/Management $ 945.00
Property Acquisition $ 26,330.00
Demolition and Cleanup $ 6,535.00
Site Restoration and Revegetation $ 2,000.00
Total: $ 35,810.00
Version 10/30/2015
State of Washington Department of Ecology Page 14 of 24
Agreement No: SEATHA-VER3-JeCoPH-00037
Project Title: Lower Big Quilcene Floodplain Demolitions and Replanting
Recipient Name: Jefferson County Public Health
Funding Distribution Summary
Recipient/Ecology Share
Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total
Terry Husseman Account 0.00 % $ 0.00 $ 35,810.00 $ 35,810.00
(Coastal Protection Fund)
Total $ 0.00 $ 35,810.00 $ 35,810.00
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
GENERAL FEDERAL CONDITIONS
If a portion or all of the funds for this agreement are provided through federal funding sources or this
agreement is used to match a federal grant award,the following terms and conditions apply to you.
A. CERTIFICATION REGARDING SUSPENSION,DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION:
1. The RECIPIENT/CONTRACTOR,by signing this agreement, certifies that it is not suspended, debarred,
proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal
government,or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is
unable to certify to the statements contained in the certification,they must provide an explanation as to why they
cannot.
2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become
erroneous by reason of changed circumstances.
3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant,
person,primary covered transaction,principal, proposal,and voluntarily excluded, as used in this clause, have
the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.
You may contact ECOLOGY for assistance in obtaining a copy of those regulations.
4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction
with a person who is proposed for debarment under the applicable Code of Federal Regulations,debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction.
5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement,that it will include this clause titled
"CERTIFICATION REGARDING SUSPENSION, DEBARMENT,INELIGIBILITY OR VOLUNTARY
EXCLUSION"without modification in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
6. Pursuant to 2CFR180.330,the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier
covered transaction complies with certification of suspension and debarment requirements.
7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of
Version 10/30/2015
State of Washington Department of Ecology Page 15 of 24
Agreement No: SEATHA-VER3-JeCoPH-00037
Project Title: Lower Big Quilcene Floodplain Demolitions and Replanting
Recipient Name: Jefferson County Public Health
Federal Regulations may result in the delay or negation of this funding agreement,or pursuance of legal
remedies, including suspension and debarment.
8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file,that it,and all lower tier recipients or
contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for
reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in
<http://www.sam.gov>and print a copy of completed searches to document proof of compliance.
B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA)REPORTING
REQUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form(ECY 070-395)and return it
with the signed agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five
top executives using the FFATA Data Collection Form.
• Receives more than$25,000 in federal funds under this award.
• Receives more than 80 percent of its annual gross revenues from federal funds.
• Receives more than$25,000,000 in annual federal funds.
Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form.
Ecology is required to report the FFATA information for federally funded agreements, including the required
DUNS number,at www.fsrs.gov<http://www.fsrs.gov/>within 30 days of agreement signature. The FFATA
information will be available to the public at www.usaspending.gov<http://www.usaspending.gov/>.
For more details on FFATA requirements, see www.fsrs.gov<http://www.fsrs.gov/>.
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State of Washington Department of Ecology Page'16 of 24
Agreement No: SEATHA-VER3-JeCoPH-00037
Project Title: Lower Big Quilcene Floodplain Demolitions and Replanting
Recipient Name: Jefferson County Public Health
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington,Department of Ecology
GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 1/22/2018 VERSION
1. ADMINISTRATIVE REQUIREMENTS
a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans—EAGL
Edition." (https://fortress.wa.gov/ecy/publications/SummaryPages/1701004.html)
b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper
management of all funds and resources made available under this Agreement.
c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring
all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right
to request proof of compliance by subgrantees and contractors.
d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the
extent and character of all work and services.
2. AMENDMENTS AND MODIFICATIONS
This Agreement may be altered,amended, or waived only by a written amendment executed by both parties. No
subsequent modification(s)or amendment(s)of this Agreement will be of any force or effect unless in writing and
signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff
contacts and administrative information without the concurrence of either party.
3. ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological and historic
resources. The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to
historical or cultural artifacts discovered,disturbed, or damaged due to the RECIPIENT's project funded under this
Agreement.
RECIPIENT shall:
a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their
project:
• For capital construction projects or land acquisitions for capital construction projects, if required, comply with
Governor Executive Order 05-05,Archaeology and Cultural Resources.
• For projects with any federal involvement, if required, comply with the National Historic Preservation Act.
• Any cultural resources federal or state requirements must be completed prior to the start of any work on the project
site.
b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan(IDP)to ECOLOGY prior to
implementing any project that involves ground disturbing activities. ECOLOGY will provide the IDP form.
RECIPIENT shall:
• Keep the IDP at the project site.
• Make the IDP readily available to anyone working at the project site.
• Discuss the IDP with staff and contractors working at the project site.
• Implement the IDP when cultural resources or human remains are found at the project site.
c) If any archeological or historic resources are found while conducting work under this Agreement:
• Immediately stop work and notify the ECOLOGY Program,the Department of Archaeology and Historic
Preservation at(360) 586-3064,any affected Tribe, and the local government.
d) If any human remains are found while conducting work under this Agreement:
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• Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office,and
then the ECOLOGY Program.
e) Comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal
laws protecting cultural resources and human remains.
4. ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT.
5. COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees,
ECOLOGY,all affected local, state, or federal jurisdictions,and any interested individuals or groups.
6. COMPENSATION
a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the
RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted.
b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement.
c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified
with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to
expenditure.
d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY.
e) ECOLOGY will not process payment requests without the proper reimbursement forms,Progress Report and
supporting documentation. ECOLOGY will provide instructions for submitting payment requests.
f) ECOLOGY will pay the RECIPIENT thirty(30)days after receipt of a properly completed request for payment.
g) RECIPIENT will receive payment through Washington State Department of Enterprise Services' Statewide Payee
Desk. RECIPIENT must register as a payee by submitting a Statewide Payee Registration form and an IRS W-9 form
at the website,http://www.des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx. For
any questions about the vendor registration process contact the Statewide Payee Help Desk at(360)407-8180 or email
payeehelpdesk@watech.wa.gov.
h) ECOLOGY may, at its sole discretion,withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement.
i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein,or a portion
thereof, has been completed if,at ECOLOGY's sole discretion,such payment is reasonable and approved according to
this Agreement,as appropriate, or upon completion of an audit as specified herein.
j) RECIPIENT must submit within thirty(30)days after the expiration date of this Agreement, all financial,
performance, and other reports required by this agreement. Failure to comply may result in delayed reimbursement.
7. COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders,regulations, and permits
related to this Agreement,including but not limited to:
a) RECIPIENT 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.
b) RECIPIENT agrees to be bound by all applicable federal and state laws, regulations, and policies against
discrimination.
c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements.
d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits
required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project
timeline for the permit and approval processes.
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ECOLOGY shall have the tight to immediately terminate for cause this Agreement as provided herein if the
RECIPIENT fails to comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered
modified to conform to that statute or rule of law.
8. CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer,member, agent, or employee,who exercises any function or
responsibility in the review,approval,or carrying out of this Agreement, shall not have any personal or financial
interest, direct or indirect,nor affect the interest of any corporation,partnership, or association in which he/she is a part,
in this Agreement or the proceeds thereof.
9. CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall
award all contracts for construction,purchase of goods,equipment, services, and professional architectural and
engineering services through a competitive process, if required by State law. RECIPIENT is required to follow
procurement procedures that ensure legal,fair, and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT
may be required to provide written certification that they have followed their standard procurement procedures and
applicable state law in awarding contracts under this Agreement.
ECOLOGY reserves the right to inspect and request copies of all procurement documentation,and review procurement
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with
state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion.
10. DISPUTES
When there is a dispute with regard to the extent and character of the work, or any other matter related to this
Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal
decisions as provided for below:
a) RECIPIENT notifies the funding program of an appeal request.
b) Appeal request must be in writing and state the disputed issue(s).
c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal.
d) ECOLOGY reviews the RECIPIENT's appeal.
e) ECOLOGY sends a written answer within ten(10)business days, unless more time is needed, after concluding the
review.
The decision of ECOLOGY from an appeal will be final and conclusive,unless within thirty(30)days from the date of
such decision,the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or
duly authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's
decision will not be taken to Environmental and Land Use Hearings Office.
Pending final decision of a dispute,the RECIPIENT agrees to proceed diligently with the performance of this
Agreement and in accordance with the decision rendered.
Nothing in this Agreement will be construed to limit the parties' choice of another mutually acceptable method, in
addition to the dispute resolution procedure outlined above.
11. ENVIRONMENTAL DATA STANDARDS
a) RECIPIENT shall prepare a Quality Assurance Project Plan(QAPP)for a project that collects or uses
environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact
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the ECOLOGY Program issuing the grant or loan. If a QAPP is required,the RECIPIENT shall:
• Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY,unless ECOLOGY Quality Assurance
(QA)officer or the Program QA coordinator instructs otherwise.
• Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies,July
2004(Ecology Publication No. 04-03-030).
• Submit the QAPP to ECOLOGY for review and approval before the start of the work.
b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the
Environmental Information Management system(EIM),unless the ECOLOGY Program instructs otherwise. The
RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM,find
instructions at: http://www.ecy.wa.gov/eim.
c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System(GIS)data is collected
and processed. Guidelines for Creating and Accessing GIS Data are available at:
https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT,
when requested by ECOLOGY,shall provide copies to ECOLOGY of all final GIS data layers, imagery,related tables,
raw data collection files, map products, and all metadata and project documentation.
12. GOVERNING LAW
This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought
hereunder will be in the Superior Court of Thurston County.
13. INDEMNIFICATION
ECOLOGY will in no way be held responsible for payment of salaries,consultant's fees,and other costs related to the
project described herein, except as provided in the Scope of Work.
To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the
other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act
or omission of that party or that party's agents or employees arising out of this Agreement.
14. INDEPENDENT STATUS
The employees,volunteers, or agents of each party who are engaged in the performance of this Agreement will continue
to be employees,volunteers, or agents of that party and will not for any purpose be employees,volunteers, or agents of
the other party.
15. KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement
to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift
in return for award of a subcontract hereunder.
16. MINORITY AND WOMEN'S BUSINESS ENTERPRISES (MWBE)
RECIPIENT is encouraged to solicit and recruit,to the extent possible,certified minority-owned(MBE)and
women-owned(WBE)businesses in purchases and contracts initiated under this Agreement.
Contract awards or rejections cannot be made based on MWBE participation;however,the RECIPIENT is encouraged
to take the following actions, when possible, in any procurement under this Agreement:
a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods
or services.
b) Divide the total requirements,when economically feasible, into smaller tasks or quantities,to permit maximum
participation by qualified minority and women's businesses.
c) Establish delivery schedules,where work requirements permit,which will encourage participation of qualified
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minority and women's businesses.
d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises
(OMWBE)(866-208-1064)and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as
appropriate.
17. ORDER OF PRECEDENCE
In the event of inconsistency in this Agreement, unless otherwise provided herein,the inconsistency shall be resolved
by giving precedence in the following order: (a)applicable federal and state statutes and regulations; (b)The
Agreement; (c) Scope of Work; (d)Special Terms and Conditions; (e)Any provisions or terms incorporated herein by
reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; and(f)the
General Terms and Conditions.
18. PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the
fulfillment of this Agreement:
a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten(10)business days
prior to production and distribution.
b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline.
c) If requested, RECIPIENT shall provide ECOLOGY two(2)final copies and an electronic copy of any tangible
products developed.
Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets,
videos,audio tapes,CDs,curriculum,posters,media announcements, or gadgets with a message, such as a refrigerator
magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to
provide a copy,then the RECIPIENT shall provide a description(photographs,drawings,printouts, etc.)that best
represents the item.
Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's
graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's
logo contact ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY.
19. PROGRESS REPORTING
a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress
reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does
not document timely use of funds.
b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed
without a progress report. ECOLOGY will define the elements and frequency of progress reports.
c) RECIPIENT shall use ECOLOGY's provided progress report format.
d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1
through September 30,and October 1 through December 31. Reports shall be submitted within thirty(30)days after
the end of the quarter being reported.
e) RECIPIENT must submit within thirty(30)days of the expiration date of the project,unless an extension has been
approved by ECOLOGY, all financial,performance, and other reports required by the agreement and funding program
guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format.
20. PROPERTY RIGHTS
a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable
property under this Agreement,the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free,
nonexclusive, and irrevocable license to reproduce,publish, recover, or otherwise use the material(s)or property,and to
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authorize others to use the same for federal, state, or local government purposes.
b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY
information; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos,reports,
maps, or other data in printed reports, signs,brochures,pamphlets, etc., appropriate credit shall be given to ECOLOGY.
c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials.
d) Tangible Property Rights. ECOLOGY's current edition of"Administrative Requirements for Recipients of Ecology
Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part
with funds furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary,
or upon specific instructions with respect thereto in this Agreement.
e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the
RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by
ECOLOGY. If said property is lost, stolen,or damaged while in the RECIPIENT's possession,then ECOLOGY shall
be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property.
f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds
for the acquisition of land or facilities:
1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in
this Agreement.
2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to
disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens
certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien,or claim
which would impair the uses intended by this Agreement.
g) Conversions. Regardless of the Agreement expiration date,the RECIPIENT shall not at any time convert any
equipment,property, or facility acquired or developed under this Agreement to uses other than those for which
assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned
upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance
which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such
property.
21. RECORDS, AUDITS,AND INSPECTIONS
RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any
engineering documentation and field inspection reports of all construction work accomplished.
All records shall:
a) Be kept in a manner which provides an audit trail for all expenditures.
b) Be kept in a common file to facilitate audits and inspections.
c) Clearly indicate total receipts and expenditures related to this Agreement.
d) Be open for audit or inspection by ECOLOGY,or by any duly authorized audit representative of the State of
Washington,for a period of at least three(3)years after the final grant payment or loan repayment,or any dispute
resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify
discrepancies in the records.
ECOLOGY reserves the right to audit, or have a designated third party audit,applicable records to ensure that the state
has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be
enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to
ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of
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this Agreement and for at least three(3)years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY,or any other authorized representative, at all reasonable times,
in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement.
22. RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory
performance of this Agreement and completion of the work described in the Scope of Work.
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s)
or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT.
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this
Agreement.
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments
within thirty(30)days of a written notice. Interest will accrue at the rate of twelve percent(12%)per year from the
time ECOLOGY demands repayment of funds.
Any property acquired under this Agreement, at the option of ECOLOGY,may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
23. SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid,
such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid
provision, and to this end the provisions of this Agreement are declared to be severable.
24. STATE ENVIRONMENTAL POLICY ACT(SEPA)
RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State
Environmental Policy Act(Chapter 43.21C RCW and Chapter 197-11 WAC)have been or will be met. Any
reimbursements are subject to this provision.
25. SUSPENSION
When in the best interest of ECOLOGY,ECOLOGY may at any time,and without cause, suspend this Agreement or
any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT.RECIPIENT shall
resume performance on the next business day following the suspension period unless another day is specified by
ECOLOGY.
26. SUSTAINABLE PRACTICES
In order to sustain Washington's natural resources and ecosystems,the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement.
a) Sustainable practices may include such activities as: use of clean energy, use of double-sided printing,hosting low
impact meetings, and setting up recycling and composting programs.
b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers
and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges,products
with reduced packaging,office products that are refillable,rechargeable, and recyclable, and 100%post-consumer
recycled paper.
For more suggestions visit ECOLOGY's web page: Green Purchasing, ,
https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing.
27. TERMINATION
a) For Cause
ECOLOGY may terminate for cause this Agreement with a seven(7)calendar days prior written notification to the
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RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material
breach of any term or condition. If this Agreement is so terminated,the parties shall be liable only for performance
rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination.
Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to
commence work on the project funded within four(4)months after the effective date of this Agreement, or by any date
mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work.
Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the
RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the
opinion of ECOLOGY,to perform any obligation required of it by this Agreement,ECOLOGY may refuse to pay any
further funds,terminate in whole or in part this Agreement, and exercise any other rights under this Agreement.
Despite the above,the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by
ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY
may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from
the RECIPIENT is determined.
b) For Convenience
ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best
interest of ECOLOGY,with a thirty(30)calendar days prior written notification to the RECIPIENT, except as noted
below. If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs incurred in
accordance with the terms of this Agreement prior to the effective date of termination.
Non-Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event
funding from state, federal or other sources is withdrawn,reduced,or limited in any way after the effective date and
prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate
the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions.
ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding
insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions, although
ECOLOGY will make a reasonable attempt to provide notice.
In the event of termination or suspension,ECOLOGY will reimburse eligible costs incurred by the recipient/contractor
through the effective date of termination or suspension.Reimbursed costs must be agreed to by ECOLOGY and the
recipient/contractor. In no event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the
agreement and any amendments.
If payments have been discontinued by ECOLOGY due to unavailable funds,the RECIPIENT shall not be obligated to
repay monies which had been paid to the RECIPIENT prior to such termination.
RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon
availability of funds by the RECIPIENT's governing body.
c) By Mutual Agreement
ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written
agreement.
d) In Event of Termination
All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs,reports or other
materials prepared by the RECIPIENT under this Agreement,at the option of ECOLOGY,will become property of
ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work
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completed on such documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
accordance with Recovery of Funds, identified herein.
28. THIRD PARTY BENEFICIARY
RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement,the state
of Washington is named as an express third party beneficiary of such subcontracts with full rights as such.
29. WAIVER
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach,
and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the
authorized representative of ECOLOGY.
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WASHINGTON STATE
Recreation and
Conservation Office Funding Board Project Agreement
Project Sponsor: Jefferson County Public Health Project Number: 16-1480C
Project Title: Lower Big Quilcene Floodplain Acquisitions Approval Date: 12/8/2016
A. PARTIES OF THE AGREEMENT
This Project Agreement(Agreement)is entered into between the State of Washington by and through the Recreation
and Conservation Funding Board(RCFB or funding board)and Salmon Recovery Funding Board(SRFB or funding
board)and the Recreation and Conservation Office, P.O.Box 40917,Olympia,Washington 98504-0917 and Jefferson
County by and through the Jefferson County Public Health(sponsor),615 Sheridan St,Port Townsend,WA 98368
and shall be binding on the agents and all persons acting by or through the parties. The sponsor's Data Universal
Numbering System(DUNS)Number is 184826790.
B. PURPOSE OF AGREEMENT
This Agreement sets out the terms and conditions by which a grant is made from the General Fund-Federal and
State Building Construction Account of the State of Washington.The grant is administered by the Recreation and
Conservation Office(RCO)to the sponsor for the project named above per the director's authority granted in RCW
79A.25.020.
C. DESCRIPTION OF PROJECT
Jefferson County will acquire select residential parcels and vacant land located on the floodplain of the Big Quilcene
River up to the limit of available funding.These acquisitions will be restored to native vegetation and added to the
inventory of existing protected open space lands needed in order to build out the final Lower Big Quilcene Restoration
Design. Five properties have been identified as highest priority because they are common to all three preliminary
design alternatives and/or fill an important gap in public ownership.Depending upon the geographical extent of the
final restoration design,acquisition of additional properties may be necessary,and eight of these have been identified
as"Alternative 3"or"Backup"properties.The purpose of the Lower Big Quilcene Restoration Design,a project of
HCSEG and its partners, is to reconnect the lower river with its floodplain and distributory channels in order to support
the recovery of Hood Canal Summer Chum and other salmonids.
D. PERIOD OF PERFORMANCE
The period of performance begins on December 8,2016(project start date)and ends on July 31,2019(project end
date). No allowable cost incurred before or after this period is eligible for reimbursement unless specifically provided
for by written amendment or addendum to this Agreement or specifically provided for by WAC Titles 286,420;or
RCFB and/or SRFB policies published in RCO manuals as of the effective date of this agreement.
The sponsor must request extensions of the period of performance at least 60 days before the project end date.
The sponsor has obligations beyond this period of performance as described in Section E:On-going Obligations.
E. ON-GOING OBLIGATIONS
For the acquisition portion of this project,the sponsor's on-going obligations shall be in perpetuity and shall survive the
completion/termination of this Project Agreement unless otherwise identified in the Agreement or as approved by the
funding board. It is the intent of the funding board's conversion policy(see Section 24: Restriction of Conversion)that
all lands acquired and or facilities and areas developed, renovated,or restored with funding assistance remain in the
public domain in perpetuity.
For the planning portion of this project,the sponsor's on-going obligation shall be the same as the period of
performance identified in Section D: Period of Performance.
F. PROJECT FUNDING
The total grant award provided by the funding board for this project shall not exceed$202,926.00. 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 minimum matching share provided by the sponsor shall be as indicated below:
Percentage Dollar Amount Source of Funding
SRFB-Salmon State Projects 85.00% $202,926.00 State
Project Sponsor 15.00% $35,811.00
Total Project Cost 100.00% $238,737.00
RCO 16-1480C Page 1 of 28
t . i
G. FEDERAL FUND INFORMATION
This project is match to the following federal funding source(s)and the same provisions apply as if this project were
funded by the federal funding source(s)as a federal subaward:
Federal Agency: US Dept of Commerce
Catalog of Federal Domestic Assistance Number and Name: 11.438-PCSRF
Federal Award Identification Number: NA16NMF4380329
Federal Fiscal Year:2016
Federal Award Date:08/09/2016
Total Federal Award:$17,945,000
Federal Award Project Description:FY2016 Pacific Coast Salmon Recovery-Pacific Salmon Treaty Program
Sponsor's Indirect Cost Rate: 10.00%of De Minimus base:MTDC,as defined by 2 CFR 200.414(f)
If federal funding information is included in this section,this Agreement is funded by a federal subaward from a
portion of the total federal award.This funding is not research and development(R&D).
If the sponsor's total federal expenditures are$750,000 or more during the sponsor's fiscal-year,the sponsor is
required to have a federal single audit conducted for that year in compliance with 2 C.F.R. Part 200,Sub Part F-
Audit Requirements,Section 500(2013).The sponsor must provide a copy of the final audit report to RCO within nine
months of the end of the sponsor's fiscal year,unless a longer period is agreed to in advance by the federal agency
identified in this section.
RCO may suspend all reimbursements if the sponsor fails to timely provide a single federal audit;further the RCO
reserves the right to suspend any RCO Agreements with the sponsor if such noncompliance is not promptly cured.
H. RIGHTS AND OBLIGATIONS INTERPRETED IN LIGHT OF RELATED DOCUMENTS
All rights and obligations of the parties under this Agreement shall be interpreted in light of the information provided in
the sponsor's application and the project summary under which the Agreement has been approved as well as
documents produced in the course of administering the Agreement, including the eligible scope activities and
milestones report incorporated herein by reference.Provided,to the extent that information contained in such
documents is inconsistent with this Agreement, it shall not be used to vary the terms of the Agreement, unless those
terms are shown to be subject to an unintended error or omission.This"Agreement"as used here and elsewhere in
this document,unless otherwise specifically stated,has the meaning set forth in the definition of the Standard Terms
and Conditions.
I. AMENDMENTS MUST BE SIGNED IN WRITING
Except as provided herein, no amendment/deletions of any of the terms or conditions of this Agreement will be
effective unless provided in writing and signed by both parties. Except,extensions of the period of performance and
minor scope adjustments need only be signed by RCO's director or designee, unless the consent of the sponsor to an
extension is required by its auditing policies, regulations,or legal requirements,in which case, no extension shall be
effective until so consented.
J. 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 any applicable 16 U.S.C.3645(d)(2),2 C.F.R. Part 1327, RCW 77.85,WAC 420 and RCFB
and/or SRFB policies published in RCO manuals as of the effective date of this agreement,all of which are
incorporated herein by this reference as if fully set forth.
K. SPECIAL CONDITIONS
None
L. AGREEMENT CONTACTS
The parties will provide all written communications and notices under this Agreement to the mail address or the email
address listed below if not both:
Project Contact 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.
RCO 16-1480C Page 2 of 28
I
M. 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.
N. EFFECTIVE DATE
This Agreement,for project 16-1480C,shall be subject to the written approval of the RCO's authorized representative
and shall not be effective and binding until the date signed by both the sponsor and the RCO,whichever is later
(Effective Date).Reimbursements for eligible and allowable costs incurred within the period of performance identified
in Section D:Period of Performance are allowed only when this Agreement is fully executed and an original is received
by RCO.
The sponsor 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 Public Health
By: Date:
Name: (printed)
Title:
State of Washington,Recreation Conservation Office
On behalf of the Recreation and Conservation Funding Board(RCFB or funding board)and Salmon Recovery
Funding Board(SRFB or funding board)
By: Date:
Kaleen Cottingham
Director
Recreation and Conservation Office
Pre-approved as to form:
By: /s/ Date: June 13,2016
Assistant Attorney General
RCO 16-1480C Page 3 of 28
Standard Terms and Conditions
of the Project Agreement
Table of Contents Page
SECTION 1. CITATIONS,HEADINGS AND DEFINITIONS 6
SECTION 2. PERFORMANCE BY THE SPONSOR 7
SECTION 3. ASSIGNMENT 7
SECTION 4. RESPONSIBILITY FOR PROJECT 7
SECTION 5. INDEMNIFICATION 7
SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR 8
SECTION 7. CONFLICT OF INTEREST 8
SECTION 8. COMPLIANCE WITH APPLICABLE LAW 8
SECTION 9. RECORDS 9
SECTION 10. PROJECT FUNDING 9
SECTION 11. PROJECT REIMBURSEMENTS 10
SECTION 12. ADVANCE PAYMENTS 10
SECTION 13. RECOVERY OF PAYMENTS 11
SECTION 14. COVENANT AGAINST CONTINGENT FEES 11
SECTION 15. INCOME AND USE OF INCOME 11
SECTION 16. PROCUREMENT REQUIREMENTS 11
SECTION 17. TREATMENT OF EQUIPMENT 12
SECTION 18. RIGHT OF INSPECTION 12
SECTION 19. STEWARDSHIP AND MONITORING 12
SECTION 20. PREFERENCES FOR RESIDENTS 12
SECTION 21. ACKNOWLEDGMENT AND SIGNS 12
SECTION 22. PROVISIONS APPLYING TO DEVELOPMENT,MAINTENANCE,RENOVATION,AND
RESTORATION PROJECTS 13
SECTION 23. PROVISIONS APPLYING TO ACQUISITION PROJECTS 13
SECTION 24. RESTRICTION ON CONVERSION OF REAL PROPERTY AND/OR FACILITIES TO
OTHER USES 14
SECTION 25. CONSTRUCTION,OPERATION,USE AND MAINTENANCE OF ASSISTED PROJECTS.. 14
SECTION 26. PROVISIONS RELATED TO CORPORATE(INCLUDING NONPROFIT)SPONSORS 15
RCO 16-1480C Page 4 of 28
SECTION 27. PROVISIONS FOR FEDERAL SUBAWARDS ONLY 15
SECTION 28. PROVISIONS FOR FIREARMS AND ARCHERY RANGE RECREATION PROJECTS
ONLY 17
SECTION 29. PROVISIONS FOR LAND AND WATER CONSERVATION FUND PROJECTS ONLY 17
SECTION 30. PROVISIONS FOR FARMLAND PRESERVATION ACCOUNT PROJECTS ONLY 17
SECTION 31. PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS ONLY 17
SECTION 32. PROVISIONS FOR PUGET SOUND ACQUISITION AND RESTORATION PROJECTS
ONLY 18
SECTION 33. PROVISIONS FOR ESTUARY AND SALMON RESTORATION PROGRAM-EPA AND
MARINE SHORELINE PROTECTION PROJECTS ONLY 20
SECTION 34. PROVISIONS FOR ESTUARY AND SALMON RESTORATION PROGRAM-EPA
PROJECTS ONLY 24
SECTION 35. PROVISIONS FOR MARINE SHORELINE PROTECTION PROGRAM PROJECTS
ONLY .. 24
SECTION 36. ORDER OF PRECEDENCE 26
SECTION 37. AMENDMENTS 26
SECTION 38. LIMITATION OF AUTHORITY 26
SECTION 39. WAIVER OF DEFAULT 26
SECTION 40. APPLICATION REPRESENTATIONS--MISREPRESENTATIONS OR INACCURACY OR
BREACH 26
SECTION 41. SPECIFIC PERFORMANCE 27
SECTION 42. TERMINATION 27
SECTION 43. DISPUTE HEARING 27
SECTION 44. ATTORNEYS'FEES 27
SECTION 45. GOVERNING LAW/VENUE 27
SECTION 46. PROVISIONS APPLICABLE ONLY IF FEDERALLY RECOGNIZED INDIAN TRIBE IS
THE SPONSOR 28
SECTION 47. SEVERABILITY 28
RCO 16-1480C Page 5 of 28
WASHINGTON STATE
Recreation and
Conservation Office Standard Terms and Conditions
of the Project Agreement
Project Sponsor: Jefferson County Public Health Project Number: 16-1480C
Project Title: Lower Big Quilcene Floodplain Acquisitions Approval Date:12/8/2016
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.
C. Definitions.As used throughout this Agreement,the following terms shall have the meaning set forth below:
acquisition project-A project that purchases or receives a donation of fee or less than fee interests in real property.These
interests include,but are not limited to,conservation easements,access/trail easements,covenants,water rights,leases,and
mineral rights.
Agreement or Project Agreement-The document entitled"Project Agreement" accepted by all parties to the present
transaction,including without limitation these Standard Terms and Conditions,all attachments, addendums,and amendments,
and any intergovernmental agreements or other documents that are incorporated into the Project Agreement subject to any
limitations on their effect.
applicant-Any party 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,maps, plans,evaluation presentations
and scripts.
C.F.R.-Code of Federal Regulations
contractor-An entity that receives a contract from a sponsor.A contract is a legal instrument by which a non-Federal entity
(sponsor)purchases property or services to carry out the project or program under a Federal award.A contractor is not the same
as the sponsor or subrecipient.A contract is for the purpose of obtaining goods and services for the non-Federal entity's
(sponsor's)own use and creates a procurement relationship with the contractor(2 C.F.R§200.23(2013)).
development project-A project that results in the construction of or work resulting in new elements,including but not limited to
structures,facilities,and/or materials to enhance outdoor recreation resources.
director-The chief executive officer of the Recreation and Conservation Office or that person's designee.
education project-A project that provides information,education,and outreach programs for the benefit of outdoor
recreationists.
education and enforcement project-A project that provides information,education,and outreach programs;encourages
responsible recreational behavior,and may provide law enforcement for the benefit of outdoor recreationists.
equipment-Tangible personal property(including information technology systems)having a useful life of more than one year
and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the sponsor or$5,000
(2 C.F.R.§200.33(2013)).
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.
indirect cost- Costs incurred for a common or joint purpose benefitting more than one cost objective,and not readily
assignable to the cost objectives specifically benefitted,without effort disproportionate to the results achieved(2 C.F.R.§200.56
(2013)).
landowner agreement-An agreement that is required between a sponsor and landowner for projects located on land not
owned,or otherwise controlled,by the sponsor.
maintenance project-A project that maintains existing areas and facilities through repairs and upkeep for the benefit of outdoor
recreationists.
maintenance and operation project-A project that maintains existing areas and facilities through repairs, upkeep,and routine
servicing for the benefit of outdoor recreationists.
match or matching share-The portion of the total project cost provided by the sponsor.
milestone-An important event with a defined date to track an activity related to implementation of a funded project and monitor
significant stages of project accomplishment.
pass-through entity-A non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program(2
C.F.R.§200.74(2013)). If this Agreement is a federal subaward, RCO is the pass-through entity.
period of performance-The time during which the sponsor may incur new obligations to carry out the work authorized under
this this Agreement(2 C.F.R.§200.77(2013)).
planning(RCFB projects only)-A project that results in one or more of the following:a study, a plan,construction plans and
specifications,and permits to increase the availability of outdoor recreational resources.
planning(SRFB projects only)-A project that results in a study,assessment,project design,or inventory.
pre-agreement cost-A project cost incurred before the period of performance.
RCO 16-1480C Page 6 of 28
project-An undertaking that is,or may be,funded in whole or in part with funds administered by RCO on behalf of the funding
board.
project cost-The total allowable costs incurred under this Agreement and all required match share and voluntary committed
matching share,including third-party contributions(2 C.F.R.§200.83(2013)).
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-RCO's payment of funds from eligible and allowable costs that have already been paid by the sponsor per the
terms of the Agreement.
renovation project- A project intended to improve an existing site or structure in order to increase its useful service life beyond
original expectations or functions.This does not include maintenance activities to maintain the facility for its originally expected
useful service life.
restoration project-A project that brings a site back to its historic function as part of a natural ecosystem or improves the
ecological functionality of a site.
RCW-Revised Code of Washington
RTP-Recreational Trails Program-A federal grant program administered by RCO that allows for the development and
maintenance of backcountry trails.
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.
sponsor or primary 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.For projects funded with federal money,the sponsor is a
subrecipient,which is a non-Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal
program; but does not include an individual that is a beneficiary of such program.A subrecipient may also be a recipient of other
Federal awards directly from a Federal awarding agency(2 C.F.R.§200.93(2013)).
subaward- An award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal
award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a
beneficiary of a Federal program.A subaward may be provided through any form of legal agreement,including an agreement that
the pass-through entity considers a contract(2 C.F.R.§200.92(2013)).A subaward is for the purpose of carrying out a portion of
a Federal award and creates a Federal assistance relationship with the subrecipient(2 C.F.R.§200.330(2013)). If this
Agreement is a Federal subaward,the subaward amount is the grant program amount in Section F: Project Funding.
subrecipient-Subrecipient means a non-Federal entity that receives a subaward from a pass-through entity to carry out part of
a Federal program;but does not include an individual that is a beneficiary of such program.A subrecipient may also be a
recipient of other Federal awards directly from a Federal awarding agency(2 C.F.R.§200.93(2013)).If this Agreement is a
Federal subaward,the sponsor is the subrecipient.
WAC-Washington Administrative Code.
SECTION 2. PERFORMANCE BY THE SPONSOR
The sponsor and secondary sponsor where applicable,shall undertake the project as described in this Agreement,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.Also see Section 36:Order of Precedence.
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 RCO.
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-completion 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 equity 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,contractors,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 the State, its employees and agents for whom the State is vicariously
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
RCO 16-1480C Page 7 of 28
agents,employees,contractors,subcontractors or vendors,of any tier,or any other persons for whom the Sponsor is legally liable,
and(b)the State its employees and agents for whom it is vicariously 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,contractors,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 contractors,subcontractors and vendors,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
appropriation or use of trade secrets,patents,proprietary information,know-how,copyright rights or inventions by the sponsor or the
sponsor's agents,employees,contractors,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 other items furnished or communicated to State, its agents,officers and employees
pursuant to the Agreement;provided that 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,contractors,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,RCW Title 51.
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,employees or agents of the funding board
or RCO.The sponsor will not hold itself out as nor claim to be an officer,employee or agent of RCO,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,
state,and/or local laws.
SECTION 7. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole discretion,by written notice to
the sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation of the Ethics in
Public Service Act,RCW 42.52;or any similar statute involving the sponsor in the procurement of,or performance under,this
Agreement.
In the event this Agreement is terminated as provided herein,RCO shall be entitled to pursue the same remedies against the sponsor
as it could pursue in the event of a 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 or this Agreement.
SECTION 8. 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.
A. 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.
B. 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 when state prevailing wage laws(RCW 39.12)
are applicable,to comply with such laws,to pay the prevailing rate of wage to all workers, laborers,or mechanics employed in the
performance of any part of this contract,and to file a statement of intent to pay prevailing wage with the Washington State
Department of Labor and Industries as required by RCW 39.12.040.The sponsor also agrees to comply with the provisions of the
rules and regulations of the Washington State Department of Labor and Industries.
RCO 16-1480C Page 8 of 28
C. Archaeological and Cultural Resources.The RCO facilitates the review of applicable projects for potential impacts to
archaeological sites and state cultural resources.The sponsor must assist RCO in compliance 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.
D. 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.
E. Debarment and Certification.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 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.
SECTION 9. 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 RCO deems the project complete,as defined in Section 11: Project
Reimbursements. If any litigation,claim or audit is started before the expiration of the six(6)year period,the records shall be
retained until all litigation,claims,or audit findings involving the records have been resolved.
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 RCW 42.56 and that this Agreement and any records
sponsor submits or has submitted to the State shall be a public record as defined in RCW 42.56. RCO administers public records
requests per WAC 286-06 and 420-04.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 10. PROJECT FUNDING
A. Authority.This agreement is funded through a grant award from the recreation and conservation funding board per WAC
286-13-050 and/or the salmon recovery funding board per WAC 420-04-050.The director of RCO enters into this agreement per
delegated authority in RCW 79A.25.020 and 77.85.120.
B. 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.
C. 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.
D. Requirements for Federal Subawards.Pre-agreements costs before the federal award date in Section F: Project Funding are
ineligible unless approved by the federal award agency(2 C.F.R§200.458(2013)).
RCO 16-1480C Page 9 of 28
E. 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 11. PROJECT REIMBURSEMENTS
A. Reimbursement Basis.This Agreement is administered on a reimbursement basis per WAC 286-13 and/or 420-12.The sponsors
may only request reimbursement for eligible and allowable costs incurred during the period of performance.The sponsor may
only request reimbursement after(1)this Agreement has been fully executed and(2)the sponsor has remitted payment to its
vendors. RCO will authorize disbursement of project funds only on a reimbursable basis at the percentage as defined in Section
F: Project Funding. Reimbursement shall not be approved for any expenditure not incurred by the sponsor or for a donation used
as part of its matching share. 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. 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 or as identified in the milestones.Sponsors must refer to the most
recently published/adopted RCO policies and procedures regarding reimbursement requirements.
C 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.
D. Retainage Held Until Project Complete. 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 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.
E. Requirements for Federal Subawards:Match.The sponsor's matching share must comply with 2 C.F.R.§200.306(2013).Any
shared costs or matching funds and all contributions,including cash and third party in-kind contributions,must be accepted as
part of the sponsor's matching share when such contributions meet all of the following criteria:
1.Are verifiable from the non-Federal entity's(sponsor's)records;
2.Are not included as contributions for any other Federal award;
3.Are necessary and reasonable for accomplishment of project or program objectives;
4.Are allowable under 2 C.F.R.Part 200,Subpart E-Cost Principles(2013);
5.Are not paid by the Federal Government under another Federal award,except where the Federal statute authorizing a program
specifically provides that Federal funds made available for such program can be applied to matching or cost sharing
requirements of other Federal programs;
6.Are provided for in the approved budget when required by the Federal awarding agency identified in Section G:Federal Fund
Information of this Agreement;and
7.Conform to other provisions of 2 C.F.R.Part 200,Subpart D-Post Federal Award Requirements(2013),as applicable.
F. Requirements for Federal Subawards:Close out.Per 2 C.F.R§200.343(2013),the non-Federal entity(sponsor)must:
1.Submit, no later than 90 calendar days after the end date of the period of performance,all financial,performance,and other
reports as required by the terms and conditions of the Federal award.The Federal awarding agency or pass-through entity(RCO)
may approve extensions when requested by the sponsor.
2.Liquidate all obligations incurred under the Federal award not later than 90 calendar days after the end date of the period of
performance as specified in the terms and conditions of the Federal award.
3.Refund any balances of unobligated cash that the Federal awarding agency or pass-through entity(RCO)paid in advance or
paid and that are not authorized to be retained by the non-Federal entity(sponsor)for use in other projects.See OMB Circular
A-129 and see 2 C.F.R§200.345 Collection of amounts due(2013),for requirements regarding unreturned amounts that
become delinquent debts.
4.Account for any real and personal property acquired with Federal funds or received from the Federal Government in
accordance with 2 C.F.R§§200.310 Insurance coverage through 200.316 Property trust relationship and 200.329 Reporting on
real property(2013).
SECTION 12. ADVANCE PAYMENTS
Advance payments of or in anticipation of goods or services are not allowed unless approved by the RCO director and are consistent
with legal requirements and Manual 8:Reimbursements.See WAC 420-12.
RCO 16-1480C Page 10 of 28
SECTION 13. RECOVERY OF PAYMENTS
A. Recovery for Noncompliance. 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.
B. Overpayment Payments.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.
C. Requirements for Federal Subawards.The pass-through entity(RCO)may impose any of the remedies as authorized in 2 C.F.R
§§200.207 Specific conditions and/or 200.338 Remedies for noncompliance(2013).
SECTION 14. 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 liability 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 15. INCOME AND USE OF INCOME
A. RCFB Projects.See WAC 286-13-110 for additional requirements for projects funded from the RCFB.
B. 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,maintained,
renovated,or restored 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.
(d) Excepted are Firearms and Archery Range Recreation Program safety classes (firearm and/or hunter)for
which a facility/range fee must not be charged(RCW 79A.25.210).
C. Use of income. 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 resources;
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 and renovation.
D. Requirements for Federal Subawards.Sponsors must also comply with 2 C.F.R.§200.307 Program income(2013).
SECTION 16. PROCUREMENT REQUIREMENTS
A. Procurement Requirements. If Sponsors have a procurement process that follows applicable state and/or required federal
procurement principles,it must be followed. 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 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 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.
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B. Requirements for Federal Subawards.
1. For all Federal subawards except RTP projects, non-Federal entities(sponsors)must follow 2 C.F.R§§200.318 General
procurement standards through 200.326 Contract Provisions(2013).
2. For RTP subawards,sponsors follow such policies and procedures allowed by the State when procuring property and
services under a Federal award(2 C.F.R§1201.317(2013)).State procurement policies are in subsection A of this section.
SECTION 17. TREATMENT OF EQUIPMENT
A. Discontinued Use. Equipment 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 equipment for the purpose for which it was funded, RCO will require the
sponsor to deliver the equipment to RCO,dispose of the equipment according to RCO policies,or return the fair market value of
the equipment to RCO.Equipment shall be used only for the purpose of this Agreement,unless otherwise provided herein or
approved by RCO in writing.
B. Loss or Damage.The sponsor shall be responsible for any loss or damage to equipment 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 equipment in accordance with
sound management practices.
C. Requirements for Federal Subawards.Except RTP,procedures for managing equipment(including replacement equipment),
whether acquired in whole or in part under a Federal award, until disposition takes place will,as a minimum,meet the following
requirements(2 C.F.R§200.313(2013)):
1. Property records must be maintained that include a description of the property,a serial number or other identification
number,the source of funding for the property(including the FAIN),who holds title,the acquisition date,and cost of the
property,percentage of Federal participation in the project costs for the Federal award under which the property was
acquired,the location,use and condition of the property,and any ultimate disposition data including the date of disposal and
sale price of the property.
2. A physical inventory of the property must be taken and the results reconciled with the property records at least once every
two years.
3. A control system must be developed to ensure adequate safeguards to prevent loss,damage,or theft of the property.Any
loss,damage,or theft must be investigated.
4. Adequate maintenance procedures must be developed to keep the property in good condition.
5. If the non-Federal entity is authorized or required to sell the property,proper sales procedures must be established to
ensure the highest possible return.
D. Requirements for RTP Subawards.The subrecipient(sponsor)shall follow such policies and procedures allowed by the State
with respect to the use,management and disposal of equipment acquired under a Federal award(2 C.F.R§1201.313(2013)).
SECTION 18. 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
state of Washington or the federal government,at all reasonable times,in order to monitor and evaluate performance,compliance,
and/or quality assurance under this Agreement.
If a landowner agreement or other form of control and tenure as described in Section 22.B:Control and Tenure has been executed, it
will further stipulate and define the funding board and RCO's right to inspect and access lands acquired or developed with funding
board assistance.
SECTION 19. 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.
SECTION 20. 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 21. ACKNOWLEDGMENT AND SIGNS
A. Publications.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 of performance and in the future at
project entrances and other locations on the project which acknowledge the applicable grant program's funding contribution,
unless exempted in funding board policy or waived by the director.
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C. Ceremonies.The sponsor shall notify RCO no later than two weeks before a dedication ceremony for this 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 fund source;
2. The percentage of the total costs of the project that is financed with federal money;
3. The dollar amount of federal funds for the project;and
4. The percentage and dollar amount of the total costs of the project that is financed by nongovernmental sources.
SECTION 22. PROVISIONS APPLYING TO DEVELOPMENT,MAINTENANCE,RENOVATION AND RESTORATION PROJECTS
The following provisions shall be in force only if the project described in this Agreement is for construction of land or facilities in a
development,maintenance,renovation or restoration project:
A. Document Review and Approval.The sponsor agrees to submit one copy of all construction plans and specifications to RCO for
review prior to implementation or as otherwise identified in the milestones.Review and approval by RCO will be for compliance
with the terms of this Agreement.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.
B. 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 construction.The documentation must meet current RCO
requirements identified in the appropriate grant program policy manual as of the effective date of this Agreement.
C. 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."
D. Use of Best Management Practices.Sponsors are encouraged to use best management practices developed as part of the
Washington State Aquatic Habitat Guidelines(AHG)Program.AHG documents include"Integrated Streambank Protection
Guidelines",2002;"Protecting Nearshore Habitat and Functions in Puget Sound",2010;"Stream Habitat Restoration Guidelines",
2012;"Water Crossing Design Guidelines",2013;and"Marine Shoreline Design Guidelines",2014.These documents,along with
new and updated guidance documents,and other information are available on the AHG Web site.Sponsors are also encouraged
to use best management practices developed by the Washington Invasive Species Council(WISC)described in"Reducing
Accidental Introductions of Invasive Species"which is available on the WISC Web site.
SECTION 23. PROVISIONS APPLYING TO ACQUISITION PROJECTS
The following provisions shall be in force only if the project described in this Agreement is an acquisition project:
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 financial 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.
D. Conveyance of Rights to the State of Washington.When real property rights(both fee simple and lesser interests)are acquired,
the sponsor agrees to execute an appropriate document conveying certain rights and responsibilities to RCO,on behalf of the
State of Washington.These documents include a Deed of Right,Assignment of Rights, Easements and/or Leases as described
below.The sponsor agrees to use document language provided by RCO,to record the executed document in the County where
the real property lies,and to provide a copy of the recorded document to RCO.The document required will vary depending on the
project type,the real property rights being acquired and whether or not those rights are being acquired in perpetuity.
1. Deed of Right.The Deed of Right conveys to the people of the state of Washington the right to preserve,protect,and/or use
the property for public purposes consistent with the fund source.See WAC 420-12 or 286-13.Sponsors shall use this
document when acquiring real property rights that include the underlying land.This document may also be applicable for
those easements where the sponsor has acquired a perpetual easement for public purposes.
2. Assignment of Rights.The Assignment of Rights document transfers certain rights such as access and enforcement to
RCO. Sponsors shall use this document when an easement or lease is being acquired for habitat conservation or salmon
recovery purposes.The Assignment of Rights requires the signature of the underlying landowner and must be incorporated
by reference in the easement document.
3. Easements and Leases.The sponsor may incorporate required language from the Deed of Right or Assignment of Rights
directly into the easement or lease document,thereby eliminating the requirement for a separate document.Language will
depend on the situation;sponsor must obtain RCO approval on the draft language prior to executing the easement or lease.
RCO 16-1480C Page 13 of 28
E. Real Property Acquisition and Relocation Assistance
1. Federal Acquisition Policies.When federal funds are part of this Agreement,the Sponsor agrees to comply with the terms
and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894
(1970)--Public Law 91-646,as amended by the Surface Transportation and Uniform Relocation Assistance Act, PL
100-17-1987,and applicable regulations and procedures of the federal agency implementing that Act.
2. State Acquisition Policies.When state funds are part of this Agreement,the sponsor agrees to comply with the terms and
conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington,Chapter
8.26 RCW,and Chapter 468-100 WAC.
3. Housing and Relocation. In the event that housing and relocation costs,as required by federal law set out in subsection(1)
above and/or state law set out in subsection(2)above,are involved in the execution of this project,the sponsor agrees to
provide any housing and relocation assistance required.
F. Buildings and Structures. In general,grant funds are to be used for outdoor recreation,habitat conservation,or salmon recovery.
Sponsors agree to remove or demolish ineligible structures.Sponsors must consult RCO regarding compliance with Section 8.C.:
Archaeological and Cultural Resources before structures are removed or demolished.
G. Hazardous Substances.
1. 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 RCW 70.105D.020(10),and certify:
a. No hazardous substances were found on the site,or
b.Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal
laws,and the site deemed"clean."
2. Responsibility. Nothing in this provision alters the sponsor's duties and liabilities regarding hazardous substances as set
forth in RCW 70.105D.
3. 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.
H. Requirements for Federal Subawards.The non-Federal entity(sponsor)must submit reports at least annually on the status of
real property in which the Federal Government retains an interest, unless the Federal interest in the real property extends 15
years or longer. In those instances where the Federal interest attached is for a period of 15 years or more,the Federal awarding
agency or the pass-through entity(RCO),at its option,may require the sponsor to report at various multi-year frequencies(e.g.,
every two years or every three years,not to exceed a five-year reporting period;or a Federal awarding agency or RCO may
require annual reporting for the first three years of a Federal award and thereafter require reporting every five years)(2 C.F.R§
200.329(2013)).
SECTION 24. RESTRICTION ON CONVERSION OF REAL PROPERTY AND/OR FACILITIES TO OTHER USES
The sponsor shall not at any time convert any real property(including any interest therein)or facility acquired,developed,maintained,
renovated,and/or restored pursuant to this Agreement to uses other than those purposes for which funds were approved without prior
approval of the funding board in compliance with applicable statutes,rules,and funding board policies.Also see WAC Title 286 or
420. It is the intent of the funding board's conversion policy,current or as amended in the future,that all real property or facilities
acquired,developed,renovated,and/or restored with funding assistance remain in the public domain in perpetuity unless otherwise
identified in the Agreement or as approved by the funding board.Determination of whether a conversion has occurred shall be based
upon applicable law and RCFB/SRFB policies.
For acquisition projects that are term limited,such as one involving a lease or a term-limited restoration, renovation or development
project or easement,this restriction on conversion shall apply only for the length of the term, unless otherwise provided in written
documents or required by applicable state or federal law. In such case,the restriction applies to such projects for the length of the
term specified by the lease,easement,deed,or landowner agreement.
When a conversion has been determined to have occurred,the sponsor is required to remedy the conversion per established funding
board policies.
SECTION 25. CONSTRUCTION,OPERATION,USE AND MAINTENANCE OF ASSISTED PROJECTS
The following provisions shall be in force only if the project described in this Agreement is an acquisition,development,maintenance,
renovation or restoration project:
A. Property and facility operation and maintenance.Sponsor must ensure that properties or facilities assisted with funding board
funds, including undeveloped sites,are built,operated, used,and maintained:
1. According to applicable federal,state,and local laws and regulations, including public health standards and building codes.
2. In a reasonably safe condition for the project's intended use.
3. Throughout its estimated useful service life so as to prevent undue deterioration.
4. In compliance with all federal and state nondiscrimination laws,regulations and policies.
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B. Open to the public. Facilities open and accessible to the general public must:
1. 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.
2. Appear attractive and inviting to the public except for brief installation,construction,or maintenance periods.
3. 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 26. 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 at any time during the period of performance or long-term obligations.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).
SECTION 27. PROVISIONS FOR FEDERAL SUBAWARDS ONLY
The following provisions shall be in force only if the project described in this Agreement is funded with a federal subaward as identified
in Section G:Federal Fund Information.
A. Equal Employment Opportunity. Except as otherwise provided under 41 C.F.R.60,all contracts that meet the definition of
"federally assisted construction contract"in 41 C.F.R.§60-1.3 must include the equal opportunity clause provided under 41
C.F.R.§60-1.4(b),in accordance with Executive Order 11246,"Equal Employment Opportunity"(30 Fed. Reg. 12319, 12935,3
C.F.R. 1964, 1965 Comp.,p. 339),as amended by Executive Order 11375,"Amending Executive Order 11246 Relating to Equal
Employment Opportunity,"and implementing regulations at 41 C.F.R.§60,"Office of Federal Contract Compliance Programs,
Equal Employment Opportunity, Department of Labor."
Federally assisted construction contract means any agreement or modification thereof between any applicant and a person for
construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the
Government pursuant to any Federal program involving a grant,contract,loan,insurance,or guarantee,or undertaken pursuant
to any Federal program involving such grant,contract, loan,insurance,or guarantee,or any application or modification thereof
approved by the Government for a grant,contract, loan,insurance,or guarantee under which the applicant itself participates in
the construction work.(41 C.F.R.§60-1.3)
Construction work means the construction,rehabilitation,alteration,conversion,extension,demolition or repair of buildings,
highways,or other changes or improvements to real property, including facilities providing utility services.The term also includes
the supervision,inspection,and other onsite functions incidental to the actual construction.(41 C.F.R.§60-1.3)
B. Davis-Bacon Act,as amended(40 U.S.C.3141-3148).When required by Federal program legislation,all prime construction
contracts in excess of$2,000 awarded by non-Federal entities(sponsors)must include a provision for compliance with the
Davis-Bacon Act(40 U.S.C.3141-3144,and 3146-3148)as supplemented by Department of Labor regulations(29 C.F.R.§5,
"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction").
In accordance with the statute,contractors must be required to pay wages to laborers and mechanics at a rate not less than the
prevailing wages specified in a wage determination made by the Secretary of Labor. In addition,contractors must be required to
pay wages not less than once a week.The non-Federal entity(sponsor)must place a copy of the current prevailing wage
determination issued by the Department of Labor in each solicitation.The decision to award a contract or subcontract must be
conditioned upon the acceptance of the wage determination.The non-Federal entity(sponsor)must report all suspected or
reported violations to the Federal awarding agency identified in Section G: Federal Fund Information.
The contracts must also include a provision for compliance with the Copeland"Anti-Kickback"Act(40 U.S.C.3145),as
supplemented by Department of Labor regulations(29 C.F.R Part 3,"Contractors and Subcontractors on Public Building or Public
Work Financed in Whole or in Part by Loans or Grants from the United States").The Act provides that each contractor or
subrecipient(sponsor)must be prohibited from inducing,by any means,any person employed in the construction,completion,or
repair of public work,to give up any part of the compensation to which he or she is otherwise entitled.The non-Federal entity
(sponsor)must report all suspected or reported violations to the Federal awarding agency identified in Section G: Federal Fund
Information.
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C. Contract Work Hours and Safety Standards Act(40 U.S.C.3701-3708).Where applicable,all contracts awarded by the
non-Federal entity(sponsor)in excess of$100,000 that involve the employment of mechanics or laborers must include a
provision for compliance with 40 U.S.C.3702 and 3704,as supplemented by Department of Labor regulations(29 C.F.R. Part 5).
Under 40 U.S.C.3702 of the Act,each contractor must be required to compute the wages of every mechanic and laborer on the
basis of a standard work week of 40 hours.Work in excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the
work week.
The requirements of 40 U.S.C.3704 are applicable to construction work and provide that no laborer or mechanic must be
required to work in surroundings or under working conditions which are unsanitary,hazardous or dangerous.These requirements
do not apply to the purchases of supplies or materials or articles ordinarily available on the open market,or contracts for
transportation or transmission of intelligence.
D. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement"
under 37 C.F.R§401.2(a)and the recipient or subrecipient(sponsor)wishes to enter into a contract with a small business firm or
nonprofit organization regarding the substitution of parties,assignment or performance of experimental,developmental,or
research work under that"funding agreement,"the recipient or subrecipient(sponsor)must comply with the requirements of 37
C.F.R Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency.
E. Clean Air Act(42 U.S.C.7401-7671 q.)and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387),as Amended.
Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the non-Federal award to
agree to comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act(42 U.S.C.7401-7671q)
and the Federal Water Pollution Control Act as amended(33 U.S.C. 1251-1387).Violations must be reported to the Federal
awarding agency identified in Section G:Federal Fund Information and the Regional Office of the Environmental Protection
Agency(EPA).
F. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352).Contractors that apply or bid for an award exceeding$100,000 must file the
required certification.Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any
person or organization for influencing or attempting to influence an officer or employee of any agency,a member of Congress,
officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract,
grant or any other award covered by 31 U.S.C. 1352.Each tier must also disclose any lobbying with non-Federal funds that takes
place in connection with obtaining any Federal award.Such disclosures are forwarded from tier to tier up to the non-Federal
award.
G. Procurement of Recovered Materials.A non-Federal entity(sponsor)that is a state agency or agency of a political subdivision of
a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act,as amended by the Resource
Conservation and Recovery Act.The requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency(EPA)at 40 C.F.R part 247 that contain the highest percentage of recovered materials
practicable,consistent with maintaining a satisfactory level of competition,where the purchase price of the item exceeds$10,000
or the value of the quantity acquired during the preceding fiscal year exceeded$10,000;procuring solid waste management
services in a manner that maximizes energy and resource recovery;and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.
H. Required Insurance.The non-Federal entity(sponsor)must,at a minimum,provide the equivalent insurance coverage for real
property and equipment acquired or improved with Federal funds as provided to property owned by the non-Federal entity.
Federally-owned property need not be insured unless required by the terms and conditions of the Federal award(2 C.F.R§
200.310(2013)).
I. Debarment and Suspension(Executive Orders 12549 and 12689).The sponsor must not award a contract (see 2 C.F.R§
180.220)to parties listed on the government-wide exclusions in the System for Award Management(SAM), in accordance with
the Office of Management and Budget(OMB)guidelines at 2 C.F.R§180 that implement Executive Orders 12549(3 C.F.R part
1986 Comp.,p. 189)and 12689(3 C.F.R part 1989 Comp.,p.235),"Debarment and Suspension."SAM Exclusions contains the
names of parties debarred,suspended,or otherwise excluded by agencies,as well as parties declared ineligible under statutory
or regulatory authority other than Executive Order 12549.
RCO 16-1480C Page 16 of 28
SECTION 28. PROVISIONS FOR FIREARMS AND ARCHERY RANGE RECREATION PROJECTS ONLY
The following provisions shall be in force only if the project described in this Agreement is funded from the Firearms and Archery
Range Recreation Account.
A. Liability Insurance.The sponsor of a firearms or archery range recreation project shall procure an endorsement,or other addition,
to liability insurance it may currently carry,or shall procure a new policy of liability insurance,in a total coverage amount the
sponsor deems adequate to ensure it will have resources to pay successful claims of persons who may be killed or injured,or
suffer damage to property,while present at the range facility to which this grant is related,or by reason of being in the vicinity of
that facility;provided that the coverage shall be at least one million dollars($1,000,000)for the death of,or injury to,each person.
B. Insurance Endorsement.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.
C. Length of Insurance.The policy,endorsement or other addition,or a similar liability insurance policy meeting the requirements of
this section,shall be kept in force throughout the sponsor's obligation to the project as identified in this Agreement in Section E:
On-going Obligation.
D. Notice of Cancellation.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. Government Agencies.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. Sole Duty of the Sponsor. 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. PROVISIONS FOR LAND AND WATER CONSERVATION FUND PROJECTS ONLY
The following provisions shall be in force only if the project described in this Agreement is funded from the Land and Water
Conservation Fund.
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 and incorporated herein.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. PROVISIONS FOR FARMLAND PRESERVATION ACCOUNT PROJECTS ONLY
The following provisions shall be in force only if the project described in this Agreement is funded from the Washington Wildlife and
Recreation Program 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:
A.Section 15-Income and Income Use;
B.Section 19-Stewardship and Monitoring;
C.Section 21 -Acknowledgement and Signs;
D.Section 23-Provisions applying to Acquisition Projects,Sub-sections D, F,and G;
E.Section 24-Restriction on Conversion of Real Property and/or Facilities to Other Uses;and
F.Section 25-Construction,Operation and Maintenance of Assisted Projects.
SECTION 31. PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS ONLY
The following provisions shall be in force only if the project described in this Agreement is funded by the SRFB.
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 C.F.R.§223.203(b)(8)(2000),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.
RCO 16-1480C Page 17 of 28
SECTION 32. PROVISIONS FOR PUGET SOUND ACQUISITION AND RESTORATION PROJECTS ONLY
The following provisions shall be in force only if the project described in this Agreement is funded from the Puget Sound Acquisition
and Restoration program.
The sponsor agrees to the following terms and conditions:
A. Cost Principles/Indirect Costs for State Agencies.Sub-Recipient(sponsor)will comply with the cost principles of 2 C.F.R. Part
200 Subpart E(2013). Unless otherwise indicated,the cost principles apply to the use of funds provided under this Agreement
and in-kind matching donations.The applicability of the cost principles depends on the type of organization incurring the costs.
B. Audit Requirements.Sub-recipient(sponsor)shall meet the provisions in Office of Management and Budget(OMB)Guidance,
Subpart F,§200.501 (Audit Requirements), if the sponsor expends$750,000 or more in total Federal funds in a fiscal year. The
$750,000 threshold for each year is a cumulative total of all-federal funding from all sources. The sponsor shall forward a copy of
the audit along with the recipient's response and the final corrective action plan to RCO within ninety(90)days of the date of the
audit report. For complete information on how to accomplish the single audit submissions,visit the Federal Audit Clearinghouse
Web site:http://harvester.census.gov/facweb/.
C. Credit and Acknowledgement. In addition to Section 21:Acknowledgement and Signs,materials produced must display both the
Environmental Protection Agency(EPA)and Puget Sound Partnership(PSP)logos and the following credit line: "This project has
been funded wholly or in part by the United States Environmental Protection Agency.The contents of this document do not
necessarily reflect the views and policies of the Environmental Protection Agency, nor does mention of trade names or
commercial products constitute endorsement or recommendation for use."This requirement is for the life of the product,whether
during or after the Agreement period of performance.
D. Hotel Motel Fire Safety Act.Sponsor agrees to ensure that all conference, meeting,convention,or training space funded in whole
or part with federal funds,complies with the federal Hotel and Motel Fire Safety Act(PL 101-391,as amended).Sponsors may
search the Hotel-Motel National Master List @ http://www.usfa.dhs.gov/applications/hotel to see if a property is in compliance or
to find other information about the Act.
E. Drug Free Workplace Certification.Sub-recipient(sponsor)shall make an ongoing,good faith effort to maintain a drug-free
workplace pursuant to the specific requirements set forth in 2 C.F.R. Part 1536 Subpart B.Additionally, in accordance with these
regulations,the recipient organization shall identify all known workplaces under its federal awards, and keep this information on
file during the performance of the award.Sponsors who are individuals must comply with the drug-free provisions set forth in 2
C.F.R.Part 1536 Subpart C.The consequences for violating this condition are detailed under 2 C.F.R. Part 1536 Subpart E.
Recipients can access the Code of Federal Regulations(CFR)Title 2 Part 1536 at:http://ecfr.gpoaccess.gov.
F. Management Fees.Management fees or similar charges in excess of the direct costs and approved indirect rates are not
allowable.The term"management fees or similar charges"refers to the expenses added to direct costs in order to accumulate
and reserve funds for ongoing business expenses, unforeseen liabilities or for other similar costs which are not allowable.
Management fees or similar charges may not be used to improve or expand the project funded under this agreement,except for
the extent authorized as a direct cost of carrying out the scope of work.
G. Trafficking in Persons and Trafficking Victim Protection Act of 2000(NPA).This provision applies only to a Sub-recipient
(sponsor), and all sub-awardees of sub-recipient(sponsor), if any.Sub-recipient(sponsor)shall include the following statement in
all sub-awards made to any private entity under this Agreement.
"You as the sub-recipient,your employees,sub-awardees under this award,and sub-awardees'employees may not engage in
severe forms of trafficking in persons during the period of time that the award is in effect;procure a commercial sex act during the
period of time that the award is in effect;or use forced labor in the performance of the award or sub-awards under this Award."
Sub-recipient(sponsor),and all sub-awardees of sub-recipient(sponsor)must inform RCO immediately of any information you
receive from any source alleging a violation of this prohibition during the award term.
Federal agency funding this agreement may unilaterally terminate,without penalty,the funding award if this prohibition is
violated,Section 106 of the Trafficking Victims Protection Act of 2000,as amended.
H. Lobbying.The chief executive officer of this recipient agency(sponsor)shall ensure that no grant funds awarded under this
assistance agreement are used to engage in lobbying of the Federal Government or in litigation against the U.S.unless
authorized under existing law.The recipient(sponsor)shall abide by their respective Cost Principles(OMB Circulars A-21,A-87,
and A-122),which generally prohibits the use of federal grant funds for litigation against the U.S.or for lobbying or other political
activities.
The sponsor agrees to comply with 40 C.F.R. Part 34,New Restrictions on Lobbying.Sponsor shall include the language of this
provision in award documents for all sub-awards exceeding$100,000,and require that sub-awardees submit certification and
disclosure forms accordingly.
In accordance with the Byrd Anti-Lobbying Amendment,any sponsor who makes a prohibited expenditure under 40 C.F.R. Part
34 or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less than$10,000 and not
more than$100,000 for each expenditure.
RCO 16-1480C Page 18 of 28
All contracts awarded by sponsor shall contain,when applicable,the anti-lobbying provisions as stipulated in the Appendix at 40
C.F.R.Part 30.
Pursuant to Section 18 of the Lobbying Disclosure Act,sponsor affirms that it is not a non-profit organization described in Section
501(c)(4)of the Internal Revenue Code of 1986;or that it is a non-profit organization described in Section 501(c)(4)of the Code
but does not and will not engage in lobbying activities as defined in Section 3 of the Lobbying Disclosure Act.
1, Reimbursement Limitation. If the sponsor expends more than the amount of RCO funding in this Agreement in anticipation of
receiving additional funds from the RCO,it does so at its own risk.RCO is not legally obligated to reimburse the sponsor for costs
incurred in excess of the RCO approved budget.
j. Disadvantaged Business Enterprise Requirements.Sponsor agrees to comply with the requirements of EPAs Utilization of Small,
Minorityand Women's Business Enterprises in procurements made under this award.
P
K. Minority and Women's Business Participation.Sponsor agrees to solicit and recruit,to the maximum extent possible,certified
minority owned(MBE)and women owned(WBE)businesses in purchases and contracts initiated after the effective date of this
Agreement.
These goals are expressed as a percentage of the total dollars available for the purchase or Agreement and are as follows:
Purchased Goods 8%MBE 4%WBE
Purchased Services 10%MBE 4%WBE
Professional Services 10%MBE 4%WBE
Meeting these goals is voluntary and no Agreement award or rejection shall be made based on achievement or non-achievement
of the goals.Achievement of the goals is encouraged, however,and sponsor and ALL prospective bidders or persons submitting
qualifications shall take the following affirmative steps in any procurement initiated after the effective date of this Agreement:
1. Include qualified minority and women's businesses on solicitation lists.
2.Assure that qualified minority and women's business are solicited whenever they are potential sources of services or supplies.
3.Divide the total requirements,when economically feasible, into smaller tasks or quantities,to permit maximum participation by
qualified minority and women's businesses.
4.Establish delivery schedules,where work requirements permit,which will encourage participation of qualified minority and
women's businesses.
5. Use the services and assistance of the State Office of Minority and Women's Business Enterprises(OMWBE)and the Office of
Minority Business Enterprises of the U.S.Department of Commerce,as appropriate.
L. MBE/ BE Reporting. In accordance with the deviation from 40 C.F.R.§33.502,signed November 8,2013, DBE reporting is
limited to annual reports and only required for assistance agreements where one or more the following conditions are met:
1.There are any funds budgeted in the contractual/services,equipment or construction lines of the award;
2.$3,000 or more is included for supplies;or
3.There are funds budgeted for subawards or loans in which the expected budget(s)meet the conditions as
4.Described in items(a)and(b).
When completing the form, recipients(sponsors)should disregard the quarterly and semi-annual boxes in the reporting period
section 1B of the form.For annual submissions,the reports are due by October 30th of each year or 90 days after the end of the
project period,whichever comes first.
The reporting requirement is based on planned procurements.Recipients(sponsors)with funds budgeted for non-supply
procurement and/or$3,000 or more in supplies are required to report annually whether the planned procurements take place
during the reporting period or not. If no procurements take place during the reporting period,the recipient should check the box in
section 5B when completing the form.
MBE/WBE reports should be sent to the DBE Coordinator in the sponsor's region.Contact information can be found at
http://www.epa.gov/osbp/contactpage.htm.The coordinators can also answer any questions.
Final MBE/WBE reports must be submitted within 90 days after the project period of the grant ends.To be in compliance with
regulations,the sponsor must submit a final MBE/WBE report.
Non-compliance may impact future competitive grant proposals.The current EPA From 5700-52A can be found at the EPA Office
of Small Business Program's Home Page at http://www.epa.gov/osbp/dbe_reporting.htm.
M. SIX GOOD FAITH EFFORTS,40 C.F.R., Part 33,Subpart C.Pursuant to 40 C.F.R.§33.301,the sponsor agrees to make the
following good faith efforts whenever procuring construction,equipment,services and supplies under an EPA financial assistance
agreement,and to require that sub-recipients(sponsors),and prime contractors also comply.Records documenting compliance
with the six good faith efforts shall be retained:
1.Ensure Disadvantaged Business Enterprise(DBEs)are made aware of contracting opportunities to the fullest extent
practicable through outreach and recruitment activities.For Indian Tribal,State and Local and Government sponsors,this will
include placing DBEs on solicitation lists and soliciting them whenever they are potential sources.
2.Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery
schedules,where the requirements permit,in a way that encourages and facilitates participation by DBEs in the competitive
process.This includes,whenever possible,posting solicitations for bids or proposals for a minimum of 30 calendar days before
the bid or proposal closing date.
3.Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian
Tribal,State and local Government sponsors,this will include dividing total requirements when economically feasible into smaller
tasks or quantities to permit maximum participation by DBEs in the competitive process.
RCO 16-1480C Page 19 of 28
4.Encourage contracting with a consortium of DBEs when an Agreement is too large for one of these firms to handle individually.
5.Use the services and assistance of the Small Business Administration(SBA)and the Minority Business Development of the
Department of Commerce.
6. If the sponsor awards subcontracts, require the sponsor to take the steps in paragraphs(1)through(5)of this section.
N. Lobbying&Litigation. By signing this agreement,the sponsor certifies that none of the funds received from this agreement shall
be used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under
existing law.
The chief executive officer of this sponsor agency shall ensure that no grant funds awarded under this assistance agreement are
used to engage in lobbying of the Federal Government or in litigation against the United States unless authorized under existing
law.The sponsor shall abide by its respective Attachment in 2 CF.R.Part 200,which prohibits the use of Federal grant funds for
litigation against the United States or for lobbying or other political activities.
For subawards exceeding$100,000, EPA requires the following certification and disclosure forms:
Certification Regarding Lobbying,EPA Form 6600-06:http://www.epa.gov/ogd/AppKit/form/Lobbying_sec.pdf
Disclosure of Lobbying Activities,SF LLL:http://www.epa.gov/ogd/AppKit/fomi/sflllin_sec.pdf
Legal expenses required in the administration of Federal programs are allowable.Legal expenses for prosecution of claims
against the Federal Government are unallowable.
O. Payment to Consultants.EPA participation in the salary rate(excluding overhead)paid to individual consultants retained by
recipients(sponsors)or by a recipients'(sponsor's)contractors or subcontractors shall be limited to the maximum daily rate for
Level IV of the Executive Schedule(formerly GS-18),to be adjusted annually.This limit applies to consultation services of
designated individuals with specialized skills who are paid at a daily or hourly rate.This rate does not include transportation and
subsistence costs for travel performed(the recipient will pay these in accordance with their normal travel reimbursement
practices).
Subagreements with firms for services which are awarded using the procurement requirements in 40 C.F.R. Parts 30 or 31,are
not affected by this limitation unless the terms of the contract provide the recipient(sponsor)with responsibility for the selection,
direction and control of the individual who will be providing services under the contract at an hourly or daily rate of compensation.
See 40 C.F.R.§30.27(b)or 40 C.F.R.§31.369(j),as applicable,for additional information.
As of January 1,2014,the limit is$602.24 per day$75.28 per hour.
p. Peer Review.Where appropriate, prior to finalizing any significant technical products the Principal Investigator(PI)of this project
must solicit advice,review,and feedback from a technical review or advisory group consisting of relevant subject matter
specialists.A record of comments and a brief description of how respective comments are addressed by the PI will be provided to
the Project Monitor prior to releasing any final reports or products resulting from the funded study.
SECTION 33. PROVISIONS FOR ESTUARY AND SALMON RESTORATION PROGRAM-EPA AND MARINE
SHORELINE
The following provisions shall be in force only if the project described in this Agreement is funded from the Estuary and Salmon
Restoration Program-EPA or the Marine Shoreline Protection program.
The sponsor shall comply with all applicable federal,State,and local laws,rules,and regulations in carrying out the terms and
conditions of this Agreement.
A. Administrative Conditions
1. Cost Principles.The sponsor agrees to comply with the cost principles of 2 C.F.R Part 200(2013).Unless otherwise
indicated,the Cost Principles apply to the use of funds provided under this Agreement and In-kind matching donations.The
applicability of the Cost Principles depends on the type of organization incurring the costs.
2. Audit Requirements.The sponsor shall fully comply with requirements of 2 C.F.R. Part 200,Subpart F-Audit Requirements
(2013), if applicable.See also Section F: Project Funding.
3. Hotel-Motel Fire Safety Act. Pursuant to 40 C.F.R.30.18, if applicable,and 15 U.S.0 2225a,sponsor agrees to ensure that
all space for conferences,meetings,conventions,or training seminars funded in whole or in part with federal funds complies
with the protection and control guidelines of the Hotel and Motel Fire Safety Act(PL 101-391,as amended.The sponsor
may search the Hotel-Motel National Master List at:http://www.usfa.dhs.gov/applications/hotel to see if a property is in
compliance(FEMA ID is currently not required),or to find other information about the Act.
4. Recycled Paper
a. Institutions of Higher Education Hospitals and Non-Profit Organizations.In accordance with 40 C.F.R.30.16,sponsor
agrees to use recycled paper and double-sided printing for all reports which are prepared as a part of this Agreement
and delivered to EPA.This requirement does not apply to reports prepared on forms supplied by EPA,or to Standard
Forms,which are printed on recycled paper and are available through the General Services Administration.
RCO 16-1480C Rage 20 of 28
•
b. State Agencies and Political Subdivisions. In accordance with Section 6002 of the Resource Conservation and
Recovery Act(RCRA)(42 U.S.C.6962)any State agency or agency of a political subdivision of a State which is using
appropriated Federal funds shall comply with the requirements set forth.Regulations issued under RCRA Section 6002
apply to any acquisition of an item where the purchase price exceeds$10,000 or where the quantity of such items
acquired in the course of the preceding fiscal year was$10,000 or more.RCRA Section 6002 requires that preference
be given in procurement programs to the purchases of specific products containing recycled materials identified in
guidelines developed by EPA.These guidelines are listed in 40 C.F.R.247.
c. State and Local Institutions of Higher Education and Non-Profit Organizations. In accordance with 40 C.F.R.§30.16,
State and local institutions of higher education, hospitals,and non-profit organizations that receive direct Federal funds
shall give preference in their procurement programs funded with Federal funds to the purchase of recycled products
pursuant to EPAs guidelines.
d. State Tribal and Local Government Recipients. In accordance with the policies set forth in EPA Order 1000.25 and
Executive Order 13423,Strengthening Federal Environmental,Energy and Transportation Management(January 24,
2007),the sponsor agrees to use recycled paper and double sided printing for all reports which are prepared a part of
this Agreement and delivered to EPA.This requirement does not apply to reports prepared on forms supplied by EPA,
or to Standard Forms,which are printed on recycled paper and are available through the General Services
Administration.
5. Lobbying.The sponsor agrees to comply with Title 40 C.F.R.Part 34,New Restrictions on Lobbying.The sponsor shall
include the language of this provision in award documents for all sub-awards exceeding$100,000,and require that
sub-awardees submit certification and disclosure forms accordingly.
In accordance with the Byrd Anti-Lobbying Amendment,any recipient who makes a prohibited expenditure under Title 40
C.F.R. Part 34 or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less than
$10,000 and not more than$100,000 for each expenditure.See also Section 11:Compliance with Applicable Federal Laws.
a. Part 30 Recipients.All contracts awarded by the sponsor shall contain,when applicable,the anti-lobbying provisions as
stipulated in the Appendix at Title 40 CFR Part 30.
Pursuant to Section 18 of the Lobbying Disclosure Act,the sponsor affirms that it is not a non-profit organization
described in Section 501(c)(4)of the Internal Revenue Code of 1986;or that it is a non-profit organization described in
Section 501(c)(4)of the Code but does not and will not engage in lobbying activities as defined in Section 3 of the
Lobbying Disclosure Act.
b. Lobbying and Litigation. The sponsor's chief executive officer shall ensure that no grant funds awarded under this
Agreement are used to engage in lobbying of the Federal Government or in litigation against the United States unless
authorized under existing law. The sponsor shall abide by its respective Appendix in 2 C.F.R. Part 200,which prohibits
the use of Federal grant funds for litigation against the United States or for lobbying or other political activities.
6. Suspension and Debarment.The sponsor shall fully comply with Subpart C of 2 C.F.R. Part 180 and 2 C.F.R. Part 1532,
entitled'Responsibilities of Participants Regarding Transaction(Doing Business with Other Persons)'.The sponsor is
responsible for ensuring that any lower tier covered transaction as described in Subpart B of 2 C.F.R.Part 180 and 2 C.F.R.
Part 1532,entitled'Covered Transactions',includes a term or condition requiring compliance with Subpart C.The sponsor is
responsible for further requiring the inclusion of a similar term or condition in any subsequent lower tier covered
transactions.The sponsor acknowledges that failing to disclose the information as required at 2 C.F.R.§180.335 may result
in the delay or negation of this assistance agreement,or pursuance of legal remedies,including suspension and debarment.
The sponsor may access the Excluded Parties List System at:http://www.epls.gov.This term and condition supersedes EPA
Form 5700-49,'Certification Regarding Debarment,Suspension,and Other Responsibility Matters'.See also Section 27:
Provisions for Federal Subawards Only.
7. Drug-Free Workplace Certification.The sponsor must make an ongoing,good faith effort to maintain a drug-free workplace
pursuant to the specific requirements set forth in 2 C.F.R.Part 1536 Subpart B.Additionally, in accordance with these
regulations,the sponsor must identify all known workplaces under its federal award;and keep this information on file during
the performance of the award.
a. Sponsors who are individuals must comply with the drug-free provisions set forth in 2 C.F.R. Part 1536 Subpart C.
b. The consequences for violating this condition are detailed under 2 C.F.R.Part 1536 Subpart E.The sponsor can
access 2 C.F.R Part 1536 at http://ecfr.gpoaccess.gov.
8. Management Fees. Management fees or similar charges in excess of the direct costs and approved indirect rates are not
allowable.The term"management fees or similar charges"refers to expenses added to the direct costs in order to
accumulate and reserve funds for ongoing business expenses, unforeseen liabilities,or for other similar costs which are not
allowable under this assistance agreement.Management fees or similar charges may not be used to improve or expand the
project funded under this Agreement,except to the extent authorized as a direct cost of carrying out the scope of work.
g. Reimbursement Limitation. If the sponsor expends more than the grant amount in this Agreement in its approved budget in
anticipation of receiving additional funds,it does so at its own risk.The Federal Government and RCO is not legally
obligated to reimburse the sponsor for costs incurred in excess of the approved budget.See also Section 11: Project
Reimbursements.
RCO 16-1480C Page 21 of 28
a
10. Trafficking in Persons.The following prohibition statement applies to the sponsor,and all sub-awardees of the sponsor.The
sponsor must include this statement in all sub-awards made to any private entity under this Agreement.
"YOU AS THE SUB-RECIPIENT,YOUR EMPLOYEES,SUB-AWARDEES UNDER THIS AWARD,AND SUB-AWARDEES'
EMPLOYEES MAY NOT ENGAGE IN SEVERE FORMS OF TRAFFICKING IN PERSONS DURING THE PERIOD OF TIME
THAT THE AWARD IS IN EFFECT;PROCURE A COMMERCIAL SEX ACT DURING THE PERIOD OF TIME THAT THE
AWARD IS IN EFFECT;OR USE FORCED LABOR IN THE PERFORMANCE OF THE AWARD OR SUB-AWARDS UNDER
THIS AWARD."
11. Disadvantaged Business Enterprise Requirements,General Compliance.The sponsor agrees to comply with the
requirements of EPAs Program for Utilization of Small,Minority and Women's Business Enterprises in procurement under
assistance agreements,contained in 40 C.F.R. Part 33.
12. Sub-Awards. If the sponsor makes sub-awards under this Agreement,the sponsor is responsible for selecting its
sub-awardees and,if applicable,for conducting sub-award competitions.The sponsor agrees to:
a. Establish all sub-award agreements in writing;
b. Maintain primary responsibility for ensuring successful completion of the approved project (SPONSORS CANNOT
DELEGATE OR TRANSFER THIS RESPONSIBILITY TO A SUB-AWARDEE);
c. Ensure that any sub-awards comply with the standards in 2 C.F.R. Part 200,and are not used to acquire commercial
goods or services for the sub-awardee;
d, Ensure that any sub-awards to 501(c)(4)organizations do not involve lobbying activities;
e. Monitor the performance of sub-awardees,and ensure sub-awardees comply with all applicable regulations,statutes,
and terms and conditions which flow down in the sub-award;
f. Obtain RCO's consent before making a sub-award to a foreign or international organization,or a sub-award to be
performed in a foreign country;and
g. Obtain approval from RCO for any new sub-award work that is not outlined in the approved work plan in accordance
with 40 C.F.R.Parts 30.25 and 31.30,as applicable.
13. Federal Employees. No Subcontract or grant funds may be used to provide any Federal Employee transportation
assistance, reimbursement,and any other expense.
14. Fly America Act.The sponsor agrees to comply with 49 U.S.C.40118(the"Fly America"act)in accordance with the General
Services Administration's regulations at 41 C.F.R. Part 301-10,which provide that recipients and subrecipients of Federal
funds and their contractors are required to use U.S.Flag air carriers for U.S.Government-financed international air travel
and transportation of their personal effects or property,to the extent such service is available,unless travel by foreign air
carrier is a matter of necessity,as defined by the Fly America Act.The sponsor shall submit, if a foreign air carrier was used,
an appropriate certification or memorandum adequately explaining why service by U.S.flag air carrier was not available or
why it was necessary to use a foreign air carrier and shall, in any event,provide a certificate of compliance with the Fly
America requirements.The sponsor agrees to include the requirements of this section in all subcontracts that may involve
international air transportation.
15. Recovered Materials.The sponsor agrees to comply with all the requirements of Section 6002 of the Resource
Conservation and Recovery Act(RCRA),as amended(42 U.S.C.6962), including but not limited to the regulatory provisions
of 40 C.F.R.Part 247,and Executive Order 12873,as they apply to the procurement of the items designated in Subpart B of
40 C.F.R. Part 247.See also Section 27:Provisions for Federal Subawards Only.
16. Copeland"Anti-Kickback"Act.All contracts and subgrants in excess of$2,000 for construction or repair awarded by
recipients and subrecipients shall include a provision for compliance with the Copeland"Anti-Kickback"Act(18 U.S.C.874),
as supplemented by Department of Labor regulations(29 C,F,R, Part 3,"Contractors and Subcontractors on Public Building
or Public Work Financed in Whole or in Part by Loans or Grants from the United States").The Act provides that each
contractor or subrecipient shall be prohibited from inducing,by any means,any person employed in the construction,
completion,or repair of public work,to give up any part of the compensation to which he is otherwise entitled.The recipient
shall report all suspected or reported violations to the Federal awarding agency.See also Section 27:Provisions for Federal
Subawards Only.
17. Davis-Bacon Act,as amended(40 U.S.C.276a to a-7).When required by Federal program legislation,all construction
contracts awarded by the recipients and subrecipients of more than$2,000 shall include a provision for compliance with the
Davis-Bacon Act(40 U.S.C.276a to a-7)and as supplemented by Department of Labor regulations(29 C.F.R. Part 5,
"Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction").Under this
Act,contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages
specified in a wage determination made by the Secretary of Labor. In addition,contractors shall be required to pay wages
not less than once a week.The recipient shall place a copy of the current prevailing wage determination issued by the
Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage
determination.The recipient shall report all suspected or reported violations to the Federal awarding agency.See also
Section 27:Provisions for Federal Subawards Only.
RCO 16-1480C Page 22 of 28
•
18. Contract Work Hours and Safety Standards Act(40 U.S.C.327-333). Where applicable,all contracts awarded by recipients
in excess of$2000 for construction contracts and in excess of$2,500 for other contracts that involve the employment of
mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and
Safety Standards Act(40 U.S.C.327-333),as supplemented by Department of Labor regulations(29 C.F.R.Part 5). Under
Section 102 of the Act,each contractor shall be required to compute the wages of every mechanic and laborer on the basis
of a standard work week of 40 hours.Work in excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the
work week.Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be
required to work in surroundings or under working conditions which are unsanitary,hazardous or dangerous.These
requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market,or
contracts for transportation or transmission of intelligence.See also Section 27:Provisions for Federal Subawards Only.
19. Rights to Inventions Made Under a Contract or Agreement. Contracts or agreements for the performance of experimental,
developmental,or research work shall provide for the rights of the Federal Government and the recipient in any resulting
invention in accordance with 37 C.F.R.Part 401,"Rights to Inventions made by Nonprofit Organizations and Small Business
Firms Under Government Grants,Contracts and Cooperative Agreements,"and any implementing regulations issued by the
awarding agency.See also Section 27:Provisions for Federal Subawards Only.
20. FY12 APPR ACT:Unpaid Federal Tax liabilities and Federal Felony Convictions.This Agreement is subject to the provisions
contained in the Department of Interior,Environment,and Related Agencies Appropriations Act,2012, HR 2055,Division E,
Sections 433 and 434 regarding unpaid federal tax liabilities and federal felony convictions.Accordingly,by accepting this
award the recipient acknowledges that it(1)is not subject to any unpaid Federal tax liability that has been assessed,for
which all judicial and administrative remedies have been exhausted or have lapsed,and that is not being paid in a timely
manner pursuant to an agreement with the authority responsible for collecting the tax liability,and(2)has not been
convicted(or had an officer or agent acting on its behalf convicted)of a felony criminal conviction under and Federal law
within 24 months preceding the award,unless EPA has considered suspension or debarment of the corporation,or such
officer or agent,based on these tax liabilities or convictions and determined that such action is not necessary to such action
is not necessary to protect the Government's interests. If the recipient fails to comply with these provisions,EPA will annul
this agreement and may recover any funds the recipient has expended in violation of sections 433 and 434.
B. Programmatic Conditions:
1 Semi-Annual FEATS Performance Reports. The sponsor is required to submit performance reports every six months,
unless a different reporting frequency is outlined in the Scope of Work,using the reporting tool supplied by RCO.The
sponsor agrees to include brief information on each of the following areas:
a. Comparison of actual accomplishments to the outputs/outcomes established in the assistance agreement work plan for
the period;
b. The reasons for slippages if the established outputs/outcomes were not met;AND
c. Additional pertinent information,including when appropriate,analysis and information of cost overruns or high unit
costs.
Reporting periods are from October 1 to March 31 and April 1 to September 30. Performance reports are due to RCO 15
days after the end of each reporting period.
2. Final Performance Report.In addition to the periodic performance reports,the sub-recipient will submit a final performance
report to RCO within 60 calendar days after the expiration or termination of the award.The report shall be submitted to the
RCO Grant Manager and must be provided electronically.The report shall generally contain the same information as in the
periodic reports, but should cover the entire project period.
3. Recognition of EPA Funding. Reports,documents,signage,videos,or other media,developed as part of projects funded by
this Agreement shall contain the following statement:
"THIS PROJECT HAS BEEN FUNDED WHOLLY OR IN PART BY THE UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY UNDER ASSISTANCE AGREEMENT TO WASHINGTON DEPARTMENT OF FISH AND WILDLIFE.THE
CONTENTS OF THIS DOCUMENT DO NOT NECESSARILY REFLECT THE VIEWS AND POLICIES OF THE
ENVIRONMENTAL PROTECTION AGENCY,NOR DOES MENTION OF TRADE NAMES OR COMMERCIAL PRODUCTS
CONSTITUTE ENDORSEMENT OR RECOMMENDATION FOR USE."
4. Copyrighted Material. EPA has the right to reproduce, publish, use,and authorize others to use copyrighted works or other
data developed under this assistance agreement for Federal purposes.
RCO acknowledges that EPA may authorize another grantee to use copyrighted works or other data developed under this
Agreement as a result of:a)the selection of another grantee by EPA to perform a project that will involve the use of the
copyrighted works or other data or;b)termination or expiration of this agreement.
5. Peer Review.The results of this project may affect management decisions relating to Puget Sound. Prior to finalizing any
significant technical products the Principal Investigator(PI)of this project must solicit advice,review and feedback from a
technical review or advisory group consisting of relevant subject matter specialists.A record of comments and a brief
description of how respective comments are addressed by the PI will be provided to the RCO Grants Manager prior to
releasing any final reports or products resulting from the funded study.
RCO 16-1480C Page 23 of 28
6. Quality Assurance Requirements.Acceptable Quality Assurance documentation must be submitted to the Grant Program
within 30 days of acceptance of this agreement or another date as negotiated with the RCO Grants Manager.The National
Estuary Program(NEP)Quality Coordinator supports quality assurance for EPA-funded NEP projects. No work involving
direct measurements or data generation,environmental modeling,compilation of data from literature or electronic media,
and data supporting the design,construction,and operation of environmental technology shall be initiated under an
agreement until RCO or the NEP Quality Coordinator has approved the quality assurance document.The sponsor will
submit all Quality Assurance documentation to the following address. Please copy the Grant Program on all correspondence
with the NEP Quality Coordinator.Thomas H.Gries, NEP Quality Coordinator Department of Ecology Tgri460@ecy.wa.gov
360.407.6327.
7. Environmental Data and Information Technology.Sub-recipients are required to institute standardized reporting
requirements into their work plans and include such costs in their budgets.All environmental data will be required to be
entered into the EPAs Storage and Retrieval data system(STORET).The best method(local or state consolidated)for
reporting will be determined on a project-by-project basis between the DFW grant manager and sub-recipient.More
information about STORET can be found at http://www.epa.gov/STORET.
SECTION 34. PROVISIONS FOR ESTUARY AND SALMON RESTORATION PROGRAM-EPA PROJECTS ONLY
The following provisions shall be in force only if the project described in this Agreement is funded from the Estuary and Salmon
Restoration Program-EPA.
A. DUNS and CCR Requirements
1. Unless otherwise exempted from this requirement under 2 C.F.R.§25.110,the sponsor must maintain the currency of its
information in the CCR until submission of its final financial report required under this Agreement or receive the final
payment,whichever is later.
2. The sponsor may not make a sub-award to any entity unless the entity has provided its DUNS number to the sponsor.
B. FY2011 ACORN Funding Restriction.No funds provided under this Agreement may be used for sub-awards/sub-grants or
contracts to the Association of Community Organizations for Reform NOW(ACORN)or any of its subsidiaries.
SECTION 35. PROVISIONS FOR MARINE SHORELINE PROTECTION PROGRAM PROJECTS ONLY
The following provisions shall be in force only if the project described in this Agreement is funded from the Marine Shoreline
Protection program.
The Sub-Recipient shall comply with all applicable federal,State,and local laws, rules,and regulations in carrying out the terms and
conditions of this Agreement.
A. Federal Finance Report(FFR).Recipients(sponsor)shall submit final Federal Financial Reports(FFR),Standard Form 425
(SF-425),to EPA no later than 90 calendar days after the end of the project period.The form is available on the internet at
www.epa.gov/ocfo/finservices/forms.htm.All FFRs must be submitted to the Las Vegas Finance Center:US EPA,LVFC,4220 S.
Maryland Pkwy Bldg C,Rm 503,Las Vegas,NV 89119,or by FAX to:702-798-2423.The LVFC will make adjustments,as
necessary,to obligated funds after reviewing and accepting a final Federal Financial Report.Recipients(sponsor)will be notified
and instructed by EPA if they must complete any additional forms for the closeout of the assistance agreement. EPA may take
enforcement actions in accordance with 40 C.F.R.§30.62 and 40 C.F.R.§31.43 if the recipient does not comply with this term
and condition.
B. Reimbursement Limitation. If the sponsor expends more than the amount of federal funding in its approved budget in anticipation
of receiving additional funds,it does so at its own risk.The Federal Government and RCO is not legally obligated to reimburse
Sub-Recipient for costs incurred in excess of the approved budget.
C. DUNS and CCR Requirements
1. Requirement for Central Contractor Registration(CCR)/System for Award Management(SAM). Unless the sponsor is
exempted from this requirement under 2 C.F.R.§25.110,the sponsor must maintain the currency of its information in the
SAM until the sponsor submits the final financial report required under this award or receive the final payment,whichever is
later.This requires that the sponsor review and update the information at least annually after the initial registration,and
more frequently if required by changes in your information or another award term.
2. Requirement for Data Universal Numbering System(DUNS)numbers. If the sponsor is authorized to make subawards
under this award,the sponsor:
a. Must notify potential subrecipients that no entity may receive a subaward from the sponsor unless the entity has
provided its DUNS number to the sponsor.
b. May not make a subaward to an entity unless the entity has provided its DUNS number to the spnosor.
RCO 16-1480C Page 24 of 28
3. Definitions. For purposes of this award term:
a. Central Contractor Registration(CCR)/System for Award Management(SAM)means the Federal repository into which
an entity must provide information required for the conduct of business as a recipient.Additional information about
registration procedures may be found at the System for Award Management(SAM)Internet site http://www.sam.gov.
b. Data Universal Numbering System(DUNS)number means the nine-digit number established and assigned by Dun and
Bradstreet, Inc.(D&B)to uniquely identify business entities.A DUNS number may be obtained from D&B by telephone
(currently 866-705-5711)or the Internet(currently at http://fedgov.dnb.com/webform).
c. Entity.as it is used in this award term, means all of the following,as defined at 2 C.F.R Part 25,subpart C:
i.A Governmental organization,which is a State, local government,or Indian tribe;
ii.A foreign public entity;
iii.A domestic or foreign nonprofit organization;
iv.A domestic or foreign for-profit organization;and
v.A Federal agency,but only as a subrecipient under an award or subaward to a non-Federal entity.
d. Subaward:
i.This term means a legal instrument to provide support for the performance of any portion of the substantive project or
program for which you received this award and that you as the recipient award to an eligible subrecipient.
ii.The term does not include your procurement of property and services needed to carry out the project or program(for
further explanation,see Sec.—.210 of the attachment to OMS Circular A-133,"Audits of States,Local Governments,
and Non-Profit Organizations").
iii.A subaward may be provided through any legal agreement,including an agreement that you consider a contract.
e. Subrecipient means an entity that:
i. Receives a subaward from you under this award;and
ii. Is accountable to you for the use of the Federal funds provided by the subaward.
D. CIVIL RIGHTS OBLIGATIONS
1. General.This term and condition incorporates by reference the signed assurance provided by the recipient's authorized
representative on: 1)EPA Form 4700-4,"Preaward Compliance Review Report for All Applicants and Recipients Requesting
EPA Financial Assistance";and 2)Standard Form 4248 or Standard Form 424D,as applicable.These assurances and this
term and condition obligate the recipient to comply fully with applicable civil rights statutes and implementing EPA
regulations.
2. Statutory Requirements. In carrying out this agreement,the recipient must comply with:
a. Title VI of the Civil Rights Act of 1964,which prohibits discrimination based on race,color,and national origin,including
limited English proficiency(LEP),by entities receiving Federal financial assistance.
b. Section 504 of the Rehabilitation Act of 1973,which prohibits discrimination against persons with disabilities by entities
receiving Federal financial assistance;and
c. The Age Discrimination Act of 1975,which prohibits age discrimination by entities receiving
d. Federal financial assistance.
If the recipient is conducting an education program under this agreement,it must also comply with Title IX of the Education
Amendments of 1972,which prohibits discrimination on the basis of sex in education programs and activities operated by
entities receiving Federal financial assistance.
If this agreement is funded with financial assistance under the Clean Water Act(CWA),the recipient must also comply with
Section 13 of the Federal Water Pollution Control Act Amendments of 1972,which prohibits discrimination on the basis of
sex in CWA-funded programs or activities.
3. Regulatory Requirements.The recipient agrees to comply with all applicable EPA civil rights regulations, including:
a. For Title IX obligations,40 C.F.R.Part 5;and
b. For Title VI,Section 504,Age Discrimination Act,and Section 13 obligations,40 C.F.R.Part 7.
c. As noted on the EPA Form 4700-4 signed by the recipient's authorized representative,these regulations establish
specific requirements including maintaining compliance information,establishing grievance procedures,designating a
Civil Rights Coordinator,and providing notices of non-discrimination.
RCO 16-1480C Page 25 of 28
4. Title VI-LEP,Public Participation and Affirmative Compliance Obligation.
a. As a recipient of EPA financial assistance,you are required by Title VI of the Civil Rights Act to provide meaningful
access to LEP individuals. In implementing that requirement,the recipient agrees to use as a guide the Office of Civil
Rights(OCR)document entitled"Guidance to Environmental Protection Agency Financial Assistance Recipients
Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons."The
guidance can be found at http://frwebgate.access.gpo.gov/cgi-binlgetdoc.cgi?dbname=2004
register&docid=fr25j n04-79.pdf
b. If the recipient is administering permitting programs under this agreement,the recipient agrees to use as a guide
OCR's Title VI Public Involvement Guidance for EPAAssistance Recipients Administering Environmental Permitting
Programs.The Guidance can be found at http://edocket.access.qpo.gov/2006/pdf/06-2691.pdf. In accepting this
assistance agreement,the recipient acknowledges it has an affirmative obligation to implement effective Title VI
compliance programs and ensure that its actions do not involve discriminatory treatment and do not have
discriminatory effects even when facially neutral.The recipient must be prepared to demonstrate to EPA that such
compliance programs exist and are being implemented or to otherwise demonstrate how it is meeting its Title VI
obligations.
E. Additional Term and Condition for Agricultural Landowners-Riparian Buffer Term for Agricultural Landowners. To be eligible for
NEP implementation funding,provided directly or through a subaward,a private agricultural land owner whose property borders
fresh or estuarine waters must establish and maintain a riparian buffer on all water courses on the property consistent with the
National Marine Fisheries Service(NMFS)guidelines for Riparian Buffers Along Agricultural Water Courses in NW Washington
and NRCS guidance on the NMFS guidelines.A land owner may be excluded from meeting this requirement if the funding is used
solely for removal of shoreline armoring,onsite sewage system repair or replacement,engineered dike setbacks,or culvert or
tide-gate replacements that provide for fish passage at all life stages. In some cases,the NJ\.1 FS recommendations are framed
in terms of ranges of buffer widths rather than point estimates,and expressed as probabilities of achieving desired outcomes.
Local conditions and local circumstances matter,and may affect the choice of the riparian buffer most effective at achieving
salmon recovery.Buffer widths may be less than specified in the table in cases where there is a scientific basis for doing so and
all affected tribes in the watershed agree to deviations from the NMFS guidelines or where there are physical constraints on an
individual parcel(e.g.transportation corridors,structures, naturally occurring.
SECTION 36. 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.Federal law and binding executive orders;
B.Code of federal regulations;
C.Terms and conditions of a grant award to the state from the federal government;
D.Federal grant program policies and procedures adopted by a federal agency;
E.State law;
F.Washington Administrative Code;
G. Project Agreement;
H. Board policies and procedures.
SECTION 37. 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 performance extensions in and minor scope adjustments need only be signed by RCO's director or designee,unless
the consent of the sponsor to an extension or scope adjustment is required by its auditing policies,regulations,or legal requirements,
in which case,no extension shall be effective until so consented.
SECTION 38. 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 39. 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 40. 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.
RCO 16-1480C Page 26 of 28
SECTION 41. 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 42. 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.For federal awards, notification of termination will
comply with 2 C.F.R.§200.340.
A. For Cause.The funding board or the director may suspend or terminate the obligation to provide funding to the sponsor under
this Agreement:
1. In the event of any breach by the sponsor of any of the sponsor's obligations under this Agreement;or
2. 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 43. 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.
SECTION 44. ATTORNEYS'FEES
In the event of litigation or other action brought to enforce contract terms,each party agrees to bear its own attorney fees and costs.
RCO 16-1480C Page 27 of 28
•
SECTION 45. GOVERNING LAW/VENUE
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.
SECTION 46. PROVISIONS APPLICABLE ONLY IF FEDERALLY RECOGNIZED INDIAN TRIBE IS THE SPONSOR
In the cases where this Agreement is between the funding board(State)and a federally recognized Indian Tribe,the following
governing law/venue applies,but only between those parties:
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 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 a lawsuit
arising out of this agreement,including any third party claims relating to any work performed under this agreement,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 for suit in federal and state court for the limited purpose of allowing the State to
bring such actions as it determines necessary to give effect to this section and to the enforcement of any judgment relating to the
performance,or breach of this Agreement.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.
For purposes of this provision,the State includes the RCO and any other state agencies that may be assigned or otherwise obtain the
right of the RCO to enforce this Agreement.
SECTION 47. 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.
RCO 16-1480C Page 28 of 28
•
Eligible Scope Activities
Project Sponsor: Jefferson County Public Health Project Number: 16-1480
Project Title: Lower Big Quilcene Floodplain Acquisitions Project Type: Planning&Acquisition
Program: Salmon State Projects Approval: 12/8/2016
Acquisition Metrics
Property: Piehl (example) (Worksite#1, Lower Big Quilcene River Floodplain)
Real Property Acquisition
Land
Acres by Acreage Type(fee simple):
Riparian 1.00
Existing structures on site: No structures on site
Incidentals
Agency Indirect(Acq)
Appraisal
Appraisal Review
Closing, Recording,Taxes,Title
Cultural resources(Acq)
Demolition
Buildings/structures to be demolished: Multiple RV trailers are located on the
example site and will likely need to be
disposed of. Other locations may have a
single family residence and/or
outbuildings.
Environmental Audits
Noxious weed control
Acres treated for noxious weeds by method:
Chemical 2.00
Mechanical 2.00
Stewardship plan
Administrative Costs(Acq)
Administrative costs(Acq)
Planning Metrics
Worksite #1, Lower Big Quilcene River Floodplain
ELIGREIM.RPT June 19,2017 Page: 1
Eligible Scope Activities
Targeted salmonid ESU/DPS (A.23): Chinook Salmon-Puget Sound ESU,
Chum Salmon-Hood Canal Summer-run
ESU, Pink Salmon-Odd year ESU,
Steelhead-Puget Sound DPS
Area Encompassed (acres)(B.0.b.1): 1.0
Targeted species(non-ESU species): Cutthroat
Miles of Stream Affected (B.0.b.2): 0.01
Miles Of Stream Treated/Protected (C.O.b): 0.01
Project Identified In a Plan or Watershed Assessment(C.O.c): 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 01/01/1994
Big Quilcene River Linger Longer Reach
Feasibility Study and Action Plan
06/2005 PSNERP Strategic Restoration
Conceptual Engineering-Final Design
Report Revised 2012
Type Of Monitoring(C.0.d.1): None
Salmonid Habitat Assessment/Inventory
Landowner willingness inventory
Document Name: Tami Pokorny,2017, Big Quilcene
Acquisitions Landowner
Acknowledgement, self,615 Sheridan
St. Port Townsend,WA 98368
Number of landowers contacted: 8
Agency Indirect Costs
Agency Indirect
ELIGREIM.RPT June 19,2017 Page: 2
Milestone Report By Project
Project Number: 16-1480 C
Project Name: Lower Big Quilcene Floodplain Acquisitions
Sponsor: Jefferson County Public Health
Project Manager: Mike Ramsey
X ! Milestone Target Date Comments/Description
X Project Start 12/08/2016
X Data Gathering Started 04/01/2017
I Progress Report Due 07/31/2017
I Annual Project Billing Due 07/31/2017
RFP Complete/Consultant Hired 08/01/2017
Order Appraisal(s) 09/15/2017
Order Appraisal Review(s) 09/30/2017
Environmental Assess Complete 10/01/2017
Cultural Resources Complete 10/31/2017 Prior to demolition
Purchase Agreement Signed 11/30/2017
Acquisition Closing 12/31/2017
Progress Report Due 12/31/2017
Recorded Acq Documents to RCO 01/31/2018
Progress Report Due 07/31/2018
Annual Project Billing Due 07/31/2018
Recorded Land Survey to RCO 12/01/2018
Noxious Weed Control Complete 12/15/2018
Funding Acknowl Sign Posted 12/15/2018
Demolition Complete 12/31/2018
Stewardship Plan to RCO 12/31/2018
I Progress Report Due 12/31/2018
Final Report Due 01/31/2019
Final Billing Due 01/31/2019
I Progress Report Due 07/31/2019
I Annual Project Billing Due 07/31/2019
I Agreement End Date 12/31/2019
X=Milestone Complete
!=Critical Milestone
IMILESTO.RPT June 19.2017 Paae: 1
Legal Description
Project Sponsor: Jefferson County Public Health Project Number: 16-1480 C
Project Title: Lower Big Quilcene Floodplain Acquisitions RCO Approval: 12/08/2016
Worksite Name
Property Name
Legal Description
Worksite#1 Lower Big Quilcene River Floodplain
Piehl(example)
The legal description of the property purchased with funding assistance provided through this Project Agreement
(and protected by a recorded Deed of Right or Assignment of Rights)shall be amended into the Project Agreement
prior to reimbursement of the final payment.
LEGALDSC.RPT June 19,2017 Page 1
MEMORANDUM OF UNDERSTANDING
Between
Jefferson County
and the
Hood Canal Salmon Enhancement Group
This Memorandum of Understanding("MOU") is made and entered into as of ("Effective
Date") by and among the Hood Canal Salmon Enhancement Group, a 501 c3 non-profit group, referred to
as"HCSEG"and Jefferson County referred to as"County";
Whereas,HCSEG and the County have collaborated since 2015 towards the restoration of the
lower Big Quilcene River floodplain to achieve multiple ecological and community benefits; and
Whereas, acquisition from willing sellers of a nuber of privately held properties located on the
lower Big Quilcene River floodplain is necessary to the vimsion of reestablishing natural, self-sustaining fish
and wildlife habitat and to recovering ESA-listed Hood Canal Summer Chum Salmon; and
Whereas, the Recreation and Conservation Office (RCO) Salmon Recovery Funding Board has
awarded the County grant funds to complete Project#17-1052,herein referred to as"Project A",to acquire
properties from willing landowners for the purpose of habitat restoration(Attachment A); and
Whereas, the Washington State Department of Ecology "Ecology" has awarded HCSEG grant
funds through the Floodplain by Designs Program to also fund acquisition of floodplain properties from
willing sellers through the Lower Big Quilcene River Design and Acquisition Project, Ecology, EAGL
Grant Number: SEAFBD-2017-HoCSEG-00009,here referred to as Project B (Attachment B); and
Whereas, Project A and Project B are compatible in purpose and scope with regard to acquisitions
and outreach,and HCSEG wishes to pass through a portion of its Floodplain by Design funds to the County
as match for Project A; and
Whereas, HCSEG and the County acknowledge the mutual benefit of partnering in order to make
the best and most efficient use of grant resources.
Now, therefore, based on the mutual promises made herein,the parties agree as follows:
1. Subject to the terms of this MOU,HCSEG shall:
a. Provide a matching contribution to Project A not to exceed $50,000.00. This contribution
will be in the form of cash,acquisition costs, and in-kind as described below and in Table 1,
also below.
1)Cash for County staff and other services in support of Project A.
2)Acquisition(s) costs towards the purchase of fee simple property(ies)or property rights.
The County can request acquisition funds from HCSEG to be paid directly into escrow or
to reimburse the County.
3)In-kind contributions in the form of paid receipts from contractors hired by HCSEG to
perform agreed upon,eligible and necessary acquisition related services(incidentals). In
kind services may include appraisals, appraisal reviews, environmental audits,boundary
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surveys, cultural review, demolition, and plantings.
Table 1
Total Match Cash Acquisition Costs In-kind
Contribution
(37.69%)
$50,000.00 $11,555.75 $10,000.00 $28,444.25
b. Not provide administrative, outreach, or any other form of staff time or services performed by
HCSEG employees or temporary hires as an in-kind matching contribution.
c. Will provide paid receipts for in-kind contributions to the County at least quarterly.
d. In response to County invoices,will provide County requested cash,matching amounts within
sixty(60)days.
e. Be responsible for all Project B requirements and deliverables.
f. Will follow all bidding, contracting and RFQ procedures applicable to the County, including
Chapter 39.80 RCW and Chapter 3.55 Jefferson County Code, for all in-kind contributions to
Project A. All contractors will be notified in advance and in writing that both HCSEG and
Jefferson County are the intended clients. A list of agreed to in-kind contributions, including
contractor names and scopes of work,will be developed and maintained jointly on an
ongoing basis.
g. Be responsible for proper contract supervision and performance related deliverables and
requirements for in-kind contributions to Project A.
Subject to the terms of this MOU,Jefferson County shall:
a. Perform administrative, outreach,and other tasks of Project A except those in-kind services
agreed to and contracted by HCSEG.
b. The County will be responsible for requesting County-and RCO-required approvals
necessary to initiate and complete landowner negotiations and closing.
c. Submit to HCSEG a completed pre-closing and a post-closing report(templates in
Attachment C)for each property and draft stewardship plan(s).
d. Provide invoices to HCSEG quarterly.
e. Provide escrow payment requests to HCSEG at least three weeks in advance of closing.
f. Be responsible for all Project A requirements and deliverables other than those listed in l g
above.
2. Nothing in this MOU implies any obligation for HCSEG to provide financial support to any County
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grant other than Project A.
3. If funding from the RCO or Ecology is withdrawn,reduced, or limited in any way after the effective
date of this agreement,this MOU will be amended or terminated as provided herein.
4. HCSEG and the County shall indemnify, defend and hold harmless the other party, its officers, agents
and employees, from and against any and all claims, losses or liability,or any portion thereof,
including attorney's fees and costs, arising from injury or death to persons, including injuries,
sickness, disease or death of either party's own employees, or damage to property occasioned by a
negligent act, omission or failure.
5. Either HCSEG or the County may terminate this agreement upon thirty(30)days written notice tothe
other party, otherwise this agreement shall be in effect until June 30, 2019,unless extended in writing
by both parties as an amendment to this MOU.
6. Notices:
Notices to HCSEG shall be sent to the following address:
Mendy Harlow,Executive Director
Hood Canal Salmon Enhancement Group
600 NE Roessel Rd.
Belfair, WA 98528
Ph: 360/275-3575 ext. 123
E-mail: mendy(&,pnwsalmoncenter.org
Michelle Myers,Project Manager
Hood Canal Salmon Enhancement Group
600 NE Roessel Rd.
Belfair, WA 98528
Ph:360/275-3575 ext. 122
E-mail: michellepnwsalmoncenter.org
Notices to the County of Jefferson shall be sent to the following address:
Tami Pokorny,Natural Resources Program Coordinator
Jefferson County Public Health
615 Sheridan Street
Port Townsend,WA 98368
Ph: 360/379-4498
Email: tpokorny@co.jefferson.wa.us
7. Each party to this Agreement,and each individual signing on behalf of each party hereby represents
and warrants to the other that it has fullpower and authority to enter this Agreement and that its
executive, delivery and performance of this Agreement has been fully authorized and approved and
that no further approvals or consents are required to bind such party.
8. This MOU together with attachments completely integrates the understandings of the parties with
regard to its subject matter, and they have no other agreements or understanding with regard thereto.
Any modification of this agreement must be in writing and signed by the parties.
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9. An estimated timeline for accomplishing the tasks associated with this agreement and RCO and
Ecology grants is below.
November 2018 MOU approved and signed by both parties
December 2018—May 1, 2019 County and HCSEG coordinate, communicate and meet with
project area landowners. HCSEG contracts for mutually agreed
upon acquisition related tasks.
May 1, 2019—June 30, 2019 County negotiates acquisition(s)for Project A properry(ies),
closes sale(s)with willing seller(s). Reports sent to RCO and
DOE.
DATED this day of ,2018
Hood Canal Salmon Enhancement Group
By:
Mendy Harlow
Executive Director
Jefferson County
By
David Sullivan,Chair
Jefferson Board of County Commissioners
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Attest/Authenticated:
By:
Carolyn Gallaway,
Deputy Clerk of the Board
APPROVED AS TO FORM
By:
Philip Hunsucker
Chief Civil DPA
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Attachment A
RCO Big Quilcene Riparian Protection,#17-1052 Contract
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Attachment B
EAGL Grant Number: SEAFBD-2017-HoCSEG-00009
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Attachment C
DEPARTMENT OF
ECOLOGY
--
State of Washington
Seller:
Recipient:
Grant No:
Acquisition Face Sheet
Address of Property:
Parcel Number(s):
Appraised Value: $ Closing Date:
Please provide the following documentation prior to closing:
1. Appraisal
Name/Address of seller
General Vicinity Map
Site Specific Map
Legal Description
Title Report
2. Settlement Statement
3. Property Assessment Checklist
4. Hazardous Substances Certification
4. Annotated photographic documentation1 of each property before
acquisition in sufficient quantity/ quality to effectively illustrate the
acquisition. Each image will be labeled as to location and what
features it represents.
1 If acquisition is historical (for match purposes), current(dated) site photos are acceptable and labeled
as"current photos" of historic acquisition used as match".
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(Note: "after" photos will be needed if site is subsequently
cleared of human elements such as structures, foundations, or
fencing, etc.)
5. Conservation Covenant: Land acquired under this agreement will
carry a conservation covenant for open space in perpetuity. Its
purpose is to prevent future development on land acquired and to
ensure that its primary use will be protection of floodplains and
wetlands. See Acquisition Packet for the Conservation Covenant.
Recorded Conservation Covenant will be provided to Ecology once
it has been recorded by the county jurisdiction.
6. Fee Simple Deed
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Attachment C
Pre-Closing Acquisition Report Template
Property Acquisition Purpose:
The property is currently owned by the willing-sellers:
This Project is being jointly funded by:
Property Legal Description:
Project Vicinity Map:
Project Detail Map:
Appraisal and Review Appraisal:
Title Report:
Environmental Assessment Report:
Survey (if needed):
Digital Photographic Documentation:
Recorded Easements:
Just Compensation and Relocation Notice to Seller:
Offer Letter:
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Attachment C
Post-Closing Acquisition Report Template
Post-Closing Acquisitions Report:
Property Name:
Parcel No. :
Hours spent negotiating with landowners and other project partners to finalize
property acquisitions, preparing paperwork and other work needed to
successfully complete acquisition(s):
Closing services were be provided by:
Name and address of previous owner:
Name and address of new property owner:
Recorded deed with open space restrictions in perpetuity or under a Washington
Recreation and Conservation Office (RCO) written Deed of Right protecting the
state's investment in salmon habitat:
Digital photographic documentation of each property after project
implementation in sufficient quantity/quality to effectively illustrate the
acquisition. Each image will be labeled as to location and what features it
represents:
Stewardship Plan:
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1
'Y I WASHINGTON STATE
Recreation and
Conservation Office Funding Board Project Agreement
Project Sponsor: Jefferson County Project Number: 17-1052C
Project Title: Big Quilcene Riparian Protection Approval Date:2/1/2018
A. PARTIES OF THE AGREEMENT
This Funding Board Project Agreement(Agreement)is entered into between the State of Washington by and through
the Salmon Recovery Funding Board(SRFB or funding board)and the Recreation and Conservation Office(RCO),
P.O.Box 40917,Olympia,Washington 98504-0917 and Jefferson County(Sponsor,and primary Sponsor), PO Box
1220, Port Townsend,WA 98368,and shall be binding on the agents and all persons acting by or through the parties.
The Sponsor's Data Universal Numbering System(DUNS)Number is 179278197.
All Sponsors are equally and independently subject to all the conditions of this Agreement except those conditions that
expressly apply only to the primary Sponsor.
Per the Applicant Resolution/Authorizations submitted by all sponsors(and on file with the RCO),the identified
Authorized Representative(s)/Agent(s)have full authority to legally bind the Sponsor(s)regarding all matters related to
the project, including but not limited to,full authority to:(1)sign an application to the funding board for grant
assistance,(2)enter into this project agreement on behalf of the Sponsor(s)(including indemnification and waiver of
sovereign immunity as provided therein),(3)enter any amendments thereto on behalf of the Sponsors,and(4)make
any decisions and submissions required with respect to the project.Agreements and amendments must be signed by
the Authorized Representative of all sponsors.
If a Sponsor wishes to change its Authorized Representative/Agent as identified on the original signed Applicant
Resolution/Authorization,the Sponsor has the obligation to provide to RCO in writing a new Applicant
Resolution/Authorization signed by its governing body.Unless a new Applicant Resolution/Authorization has been
provided,RCO will be entitled to rely upon the fact that the current Authorized Representative/Agent has the authority
to bind the Sponsor to the Agreement(including any amendments thereto)and decisions related to implementation of
the Agreement.
For the purposes of this Agreement,as well as for grant management purposes with RCO,only the primary Sponsor
may act as a fiscal agent to obtain reimbursements(see Section 11.PROJECT REIMBURSEMENTS).
B. PURPOSE OF AGREEMENT
This Agreement sets out the terms and conditions by which a grant is made from the General Fund-Federal of the
State of Washington.The grant is administered by the Recreation and Conservation Office(RCO)to the Sponsor for
the project named above per the director's authority granted in RCW 79A.25.020.
C. DESCRIPTION OF PROJECT
The goal of this acquisition project is to conduct planning,outreach,and education with potential willing sellers leading
specifically to the acquisition of properties,or property interests,necessary to realign the primary transportation
corridor across the Big Quilcene River floodplain to a superior location that maximizes channel function.A preliminary
restoration design developed by the Hood Canal Salmon Enhancement Group(HCSEG)and its partners will inform
this projects acquisition priorities.The Design will"include actions that will allow the river to reconnect to historic
floodplain areas and that is consistent with community needs and benefits."One element will be the re-design of an
essential road and bridge to better accommodate the channel migration zone.The current Preferred Alternative
Design proposes a road realignment on or near Rodgers St.and removing portions of Linger Longer Rd. If
implemented,this alignment will provide an opportunity to reconnect more of the floodplain than the other alternatives
considered.This project will work directly with potential willing landowners towards accomplishing the acquisitions
necessary to implement the Restoration Designs road alignment.Up to the limit of available funding,and in
combination with other RCO-funded County acquisition projects,this project will acquire one or more properties or
property interests.
D. PERIOD OF PERFORMANCE
The period of performance begins on January 19,2018(project start date)and ends on December 31,2019(project
end date). No allowable cost incurred before or after this period is eligible for reimbursement unless specifically
provided for by written amendment or addendum to this Agreement or specifically provided for by WAC Title 420;or
SRFB policies published in RCO manuals as of the effective date of this agreement.
The Sponsor must request extensions of the period of performance at least 60 days before the project end date.
The Sponsor has obligations beyond this period of performance as described in Section F: Long-Term Obligations.
RCO 17-1052C Revision Date: 1/11/2018 Page 1 of 38
E. STANDARD TERMS AND CONDITIONS INCORPORATED
The Standard Terms and Conditions of the Project Agreement are hereby incorporated by reference as part of this
Agreement.
F. LONG-TERM OBLIGATIONS
For the acquisition portion of this project,the sponsor's on-going obligations shall be in.perpetuity and shall survive the
completion/termination of this Project Agreement unless otherwise identified in the Agreement or as approved by the
funding board. It is the intent of the funding board's conversion policy(see Section 25: Long-Term Obligations Of The
Project Sponsors)that all lands acquired and or facilities and areas developed,renovated,or restored with funding
assistance remain in the public domain in perpetuity.
For the planning portion of this project,the sponsor's on-going obligation shall be the same as the period of
performance identified in Section D:Period of Performance.
G. PROJECT FUNDING
The total grant award provided by the funding board for this project shall not exceed$82,660.00. 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 minimum matching share provided by the Sponsor shall be as indicated below:
Percentage Dollar Amount Source of Funding
SRFB-Salmon Federal Projects 62.31% $82,660.00 . Federal
Project Sponsor 37.69% $50,000.00
Total Project Cost 100.00% $132,660.00
H. FEDERAL FUND INFORMATION
If federal funding information is included in this section,this project is funded by,matched by,and/or funded in part by
the following federal award,or subaward:
Federal Agency:US Dept of Commerce
Catalog of Federal Domestic Assistance Number and Name: 11.438-PCSRF
Federal Award Identification Number: NA17NMF4380181
Federal Fiscal Year:2017
Federal Award Date:07/20/2017
Total Federal Award:$18,236,000
Federal Award Project Description: FY2017 Pacific Coast Salmon Recovery-Pacific Salmon Treaty Program
This funding is not research and development(R&D).
If the Sponsor's total federal expenditures are$750,000 or more during the Sponsor's fiscal-year,the Sponsor is
required to have a federal single audit conducted for that year in compliance with 2 C.F.R. Part 200,Sub Part F Audit
Requirements,Section 500(2013).The Sponsor must provide a copy of the final audit report to RCO within nine
months of the end of the Sponsor's fiscal year, unless a longer period is agreed to in advance by the federal agency
identified in this section.
RCO may suspend all reimbursements if the Sponsor fails to timely provide a single federal audit;further the RCO
reserves the right to suspend anyand all RCO A reement s with the Sponsor if such noncompliance is not promptly
9 P 9 O P
cured.
I. RIGHTS AND OBLIGATIONS INTERPRETED IN LIGHT OF RELATED DOCUMENTS
All rights and obligations of the parties under this Agreement are further specified in and shall be interpreted in light of
the Sponsor's application and the project summary and eligible scope activities under which the Agreement has been
approved as well as documents produced in the course of administering the Agreement,including the eligible scope
activities,the milestones report,progress reports,and the final report.Provided,to the extent that information
contained in such documents is irreconcilably in conflict with this Agreement, it shall not be used to vary the terms of
the Agreement, unless those terms are shown to be subject to an unintended error or omission.This"Agreement"as
used here and elsewhere in this document, unless otherwise specifically stated, has the meaning set forth in the
definitions of the Standard Terms and Conditions.
RCO 17-1052C Revision Date: 1/11/2018 Page 2 of 38
J. AMENDMENTS TO AGREEMENT
Except as provided herein, no amendment(including without limitation,deletions)of any of the terms or conditions of
this Agreement will be effective unless provided in writing signed by all parties. Extensions of the period of
performance and minor scope adjustments consented to in writing(including email)by the Sponsor need only be
signed by RCO's director or designee,unless otherwise provided for in another agreement a Sponsor has with the
RCO.This exception does not apply to a federal government Sponsor or a Sponsor that requests and enters into a
formal amendment for extensions or minor scope adjustments.
It is the responsibility of a Sponsor to ensure that any person who signs an amendment on its behalf is duly authorized
to do so,and such signature shall be binding on the Sponsor if the representative/agent signing has been authorized
to do so by Applicant Resolution/Authorization provided to the RCO and such Applicant Resolution/Authorization has
not been withdrawn by the governing body in a subsequent resolution.
Any amendment to this Agreement,unless otherwise expressly stated,shall be deemed to include all current federal,
state,and local government laws and rules,and funding board policies applicable and active and published in RCO
manuals or on the RCO Website in effect as of the effective date of the amendment,without limitation to the subject
matter of the amendment.Provided,any update in law,rule,policy or a manual that is incorporated as a result of an
amendment shall apply only prospectively and shall not require that an act previously done in compliance with existing
requirements be redone.
K. 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 any applicable 16 U.S.C.3645(d)(2),2 C.F.R. Part 1327, RCW 77.85,WAC 420 and RCFB
and/or SRFB policies published in RCO manuals or on the RCO Website as exist on the effective date of this
Agreement and any amendments to this Agreement. Provided,any update in law,rule,policy or a manual that is
incorporated as a result of an amendment shall apply only prospectively and shall not require that an act previously
done in compliance with existing requirements be redone.
L. SPECIAL CONDITIONS
Subject to EO 05-05:
Cultural Resources Consultation:This project is subject to Governor's Executive Order 05-05 Archaeological and
Cultural Resources Consultation as described in Section 8 of this project agreement.After the Purchase and Sale
Agreement is signed,promptly notify your RCO grant manager of the properties that will involve any ground
disturbance or demolition or modification of structures older than 50 years,as cultural resources consultation will be
required.Completion of this consultation and a Notice to Proceed from RCO will be required before these activities
can begin.
M. AGREEMENT CONTACTS
The parties will provide all written communications and notices under this Agreement to the mail address or the email
address listed below if not both:
Project Contact RCO-SRFB
Name: Tami Pokorny Josh Lambert
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 Josh.Lambert@rco.wa.gov
These addresses and contacts shall be effective until receipt by one party from the other of a written notice of any
change. Decisions relating to the Agreement must be made by the Authorized Representative/Agent,who may or may
not be the Project Contact for purposes of notices and communications.
N. 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.
O. EFFECTIVE DATE
This Agreement,for project 17-1052C,shall be subject to the written approval of the RCO's authorized representative
and shall not be effective and binding until the date signed by both the Sponsor and the RCO,whichever is later
(effective date). Reimbursements for eligible and allowable costs incurred within the period of performance identified
in Section D:PERIOD OF PERFORMANCE are allowed only when this Agreement is fully executed and an original is
received by RCO.
RCO 17-1052C Revision Date: 1/11/2018 Page 3 of 38
The Sponsor has read,fully understands,and agrees to be bound by all terms and conditions as set forth in this
Agreement and the STANDARD TERMS AND CONDITIONS OF THE PROJECT AGREEMENT.The signators listed
below represent and warrant their authority to bind the parties to this Agreement.
Jefferson County
By: Date:
Name: (printed)
Title:
State of Washington,Recreation Conservation Office
On behalf of the Salmon Recovery Funding Board(SRFB or funding board)
By: Date:
Kaleen Cottingham
Director
Recreation and Conservation Office
Pr--approved as to fo :
f
By: Date: October 6,2017
Assistant Attorney General
RCO 17-1052C Revision Date: 1/11/2018 Page 4 of 38
Table of Contents
Funding Board Project Agreement 1
Standard Terms and Conditions of the Project Agreement 5
SECTION 1. CITATIONS, HEADINGS AND DEFINITIONS 7
SECTION 2. PERFORMANCE BY THE SPONSOR 11
SECTION 3. ASSIGNMENT 11
SECTION 4. RESPONSIBILITY FOR PROJECT 11
SECTION 5. INDEMNIFICATION 11
SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR 12
SECTION 7. CONFLICT OF INTEREST 12
SECTION 8. COMPLIANCE WITH APPLICABLE LAW 12
SECTION 9. RECORDS 14
SECTION 10. PROJECT FUNDING 14
SECTION 11. PROJECT REIMBURSEMENTS 15
SECTION 12. ADVANCE PAYMENTS 17
SECTION 13. RECOVERY OF PAYMENTS 17
SECTION 14. COVENANT AGAINST CONTINGENT FEES 17
SECTION 15. INCOME (AND FEES)AND USE OF INCOME 17
SECTION 16. PROCUREMENT REQUIREMENTS 18
SECTION 17. TREATMENT OF EQUIPMENT AND ASSETS 19
SECTION 18. RIGHT OF INSPECTION 20
SECTION 19. STEWARDSHIP AND MONITORING 20
SECTION 20. PREFERENCES FOR RESIDENTS 20
SECTION 21. ACKNOWLEDGMENT AND SIGNS 20
SECTION 22. PROVISIONS FOR BOATING PROJECT GRANTS 21
SECTION 23. PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION, 21
AND RESTORATION PROJECTS
SECTION 24. PROVISIONS APPLYING TO ACQUISITION PROJECTS 22
SECTION 25. LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS 23
SECTION 26. CONSTRUCTION,OPERATION, USE AND MAINTENANCE OF ASSISTED 24
PROJECTS
SECTION 27. RECORDED NOTICE OF GRANT 25
SECTION 28. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) 25
SPONSORS
SECTION 29. PROVISIONS FOR FEDERAL SUBAWARDS ONLY 25
RCO 17-1052C Revision Date: 1/11/2018 Page 5 of 38
SECTION 30. PROVISIONS FOR BOATING INFRASTRUCTURE GRANTS 28
SECTION 31. PROVISIONS FOR FIREARMS AND ARCHERY RANGE RECREATION 28
PROJECTS ONLY
SECTION 32. PROVISIONS FOR LAND AND WATER CONSERVATION FUND PROJECTS 29
ONLY
SECTION 33. PROVISIONS FOR FARM AND FOREST ACCOUNT PROJECTS (FARMLAND 29
AND FORESTLAND PRESERVATION PROJECTS ONLY)
SECTION 34. PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS ONLY 29
SECTION 35. PROVISIONS FOR PUGET SOUND ACQUISITION AND RESTORATION 30
PROJECTS ONLY
SECTION 36. ORDER OF PRECEDENCE 34
SECTION 37. LIMITATION OF AUTHORITY 34
SECTION 38. WAIVER OF DEFAULT 34
SECTION 39. APPLICATION REPRESENTATIONS—MISREPRESENTATIONS OR 34
INACCURACY OR BREACH
SECTION 40. SPECIFIC PERFORMANCE 35
SECTION 41. TERMINATION AND SUSPENSION 35
SECTION 42. DISPUTE HEARING 36
SECTION 43. ATTORNEYS'FEES 37
SECTION 44. GOVERNING LAWNENUE 37
SECTION 45. PROVISIONS APPLICABLE ONLY IF FEDERALLY RECOGNIZED INDIAN TRIBE 37
IS THE SPONSOR
SECTION 46. SEVERABILITY 38
RCO 17-1052C Revision Date: 1/11/2018 Page 6 of 38
WASHINGTON STATE
Recreation and Standard Terms and Conditions
Conservation Office
of the Project Agreement
Project Sponsor: Jefferson County Project Number: 17-1052C
Project Title: Big Quilcene Riparian Protection Approval Date:2/1/2018
SECTION 1. CITATIONS, HEADINGS AND DEFINITIONS
A. Any citations referencing specific documents refer to the current version on the effective date of this
Agreement or the effective date of any amendment thereto.
B. Headings used in this Agreement are for reference purposes only and shall not be considered a
substantive part of this Agreement.
C. Definitions. As used throughout this Agreement, the following terms shall have the meaning set forth
below:
acquisition project—A project that purchases or receives a donation of fee or less than fee interests
in real property. These interests include, but are not limited to, conservation easements, access/trail
easements, covenants, water rights, leases, and mineral rights.
Agreement or project agreement—The document entitled"Funding Board Project Agreement"
accepted by all parties to the present transaction, including without limitation these Standard Terms
and Conditions of the Project Agreement, all attachments, addendums, and amendments, and any
intergovernmental agreements or other documents that are incorporated into the Funding Board
Project Agreement subject to any limitations on their effect.
applicant—Any party 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, maps, plans, evaluation presentations and scripts.
Authorized Representative/Agent—A Sponsor's agent (employee, political appointee, elected
person, etc.) authorized to be the signatory of this Agreement and any amendments requiring a
Sponsor signature. This person has the signature authority to bind the Sponsor to this Agreement,
grant, and project.
Boating Infrastructure Grant(BIG)—A program administered through the United States Fish and
Wildlife Service.
C.F.R.—Code of Federal Regulations
contractor—An entity that receives a contract from a Sponsor related to performance of work or
another obligation under this Agreement.
conversion—A conversion occurs 1)when facilities acquired, developed, renovated or restored
within the project area are changed to a use other than that for which funds were approved, without
obtaining prior written formal RCO or board approval, 2)when property interests are conveyed to a
third party not otherwise eligible to receive grants in the program from which funding was approved
without obtaining prior written formal RCO or board approval, or 3)when obligations to operate and
maintain the funded property are not complied with after reasonable opportunity to cure.
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development project—A project that results in the construction of, or work resulting in, new
elements, including but not limited to structures, facilities, and/or materials to enhance outdoor
recreation resources.
director—The chief executive officer of the Recreation and Conservation Office or that person's
designee.
education project—A project that provides information, education, and outreach programs for the
benefit of outdoor recreationists.
education and enforcement project—A project that provides information, education, and outreach
programs; encourages responsible recreational behavior, and may provide law enforcement for the
benefit of outdoor recreationists.
effective date—The date when the signatures of all parties to this agreement are present in the
agreement.
enhancement project—1)A project that brings a site back to its historic function as part of a natural
ecosystem or that improves the ecological functionality of a site, or 2) a project that(i) supports
hatchery reform to improve hatchery effectiveness to minimize impacts to wild fish populations, (ii)
ensures compatibility between hatchery production and salmon recovery programs, or(iii) supports
sustainable fisheries(WAC 420.04.010).
equipment—Tangible personal property (including information technology systems) having a useful
service life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser
of the capitalization level established by the Sponsor or$5,000 (2 C.F.R. §200.33 (2013)).
funding board or board—The board that authorized the funds in this Agreement, either the
Recreation and Conservation Funding Board (RCFB) created under RCW 79A.25.110, or the Salmon
Recovery Funding Board (SRFB)created under RCW 77.85.110.
grant program—The source of the grant funds received. May be an account in the state treasury, or
a grant category within a larger grant program, or a federal source.
indirect cost—Costs incurred for a common or joint purpose benefitting more than one cost
objective, and not readily assignable to the cost objectives specifically benefitted, without effort
disproportionate to the results achieved (2 C.F.R. § 200.56 (2013)).
long-term compliance period—The period of time after the project end date or end of the period of
performance(depending on the project types and grant program). During this period, the Sponsor has
continuing obligations under the Agreement. This period may have a nonspecific end date (in
perpetuity) or an expressly specified number of years.
long-term obligations—Sponsor's obligations after the project end date, as specified in the
Agreement and applicable regulations and policies.
landowner agreement—An agreement that is required between a Sponsor and landowner for
projects located on land not owned, or otherwise controlled, by the Sponsor.
maintenance—A project that maintains existing areas and facilities through repairs and upkeep for
the benefit of outdoor recreation or salmon recovery.
maintenance and operation—A project that maintains and operates existing areas and facilities
through repairs, upkeep, and routine services for the benefit of outdoor recreationists.
match or matching share—The portion of the total project cost provided by the Sponsor.
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milestone—An important event with a defined date to track an activity related to implementation of a
funded project and monitor significant stages of project accomplishment.
monitoring project—Means a project that tracks the effectiveness of salmon recovery restoration
actions, or provides data on salmon populations or their habitat conditions.
monitoring and research project—Means a project that tracks the effectiveness of salmon recovery
restoration actions, or provides data on salmon populations or their habitat conditions.
Office—Means the Recreation and Conservation Office or RCO.
notice of grant—As required by RCO or another authority, a document that has been legally
recorded in the county or counties where the project property is located that describes the grant
funded project located on the property, the funding sources, and agencies responsible for awarding
the grant.
pass-through entity—A non-Federal entity that provides a subaward to a subrecipient to carry out
part of a Federal program (2 C. F. R. §200.74(2013)). If this Agreement is a federal subaward, RCO
is the pass-through entity.
period of performance—The period beginning on the project start date and ending on the project
end date.
planning (RCFB projects only)—A project that results in one or more of the following: a study, a
plan, construction plans and specifications, and permits to increase the availability of outdoor
recreational resources.
planning (SRFB projects only)—A project that results in a study, assessment, project design, or
inventory.
pre-agreement cost—A project cost incurred before the period of performance.
primary Sponsor—The Sponsor who is not a secondary Sponsor and who is specifically identified in
the Agreement as the entity to which RCO grants funds to and authorizes and requires to administer
the grant. This administration includes but is not limited to acting as the fiscal agent for the grant (e.g.
requesting and accepting reimbursements, submitting reports). Primary Sponsor includes its officers,
employees, agents and successors.
project—An undertaking that is, or may be, funded in whole or in part with funds administered by
RCO on behalf of the funding board.
project area, RCFB—A geographic area that delineates a grant assisted site which is subject to
project agreement requirements (WAC 286.04.010).
project area, SRFB—The area consistent with the geographic limits of the scope of work of the
project and subject to project agreement requirements. For restoration projects, the project area must
include the physical limits of the project's final site plans or final design plans. For acquisition projects,
the project area must include the area described by the legal description of the properties acquired for
or committed to the project(WAC 420.04.010).
project cost—The total allowable costs incurred under this Agreement and all required match share
and voluntary committed matching share, including third-party contributions (2 C.F.R. §200.83
(2013)).
project end date—The specific date identified in the Agreement on which the period of performance
ends, as may be changed by amendment. This date is not the end date for any long-term obligations.
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project start date—The specific date identified in the Agreement on which the period of performance
starts.
research project—Means a project that studies salmon and the effectiveness of recovery restoration
efforts on the population or habitat condition.
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 RCW 79A.25.110 and 79A.25.150 and charged with administering
this Agreement by RCW 77.85.110 and 79A.25.240.
reimbursement—RCO's payment of funds from eligible and allowable costs that have already been
paid by the Sponsor per the terms of the Agreement.
renovation project—A project intended to improve an existing site or structure in order to increase
its useful service life beyond current expectations or functions. This does not include maintenance
activities to maintain the facility for its originally expected useful service life.
restoration project—A project that brings a site back to its historic function as part of a natural
ecosystem or improving the ecological functionality of a site.
restoration and enhancement project—A project that brings a site back to its historic function as
part of a natural ecosystem or that improves the ecological functionality of a site or a larger
ecosystem which improvement may include benefiting fish stocks.
RCFB—Recreation and Conservation Funding Board
RCW—Revised Code of Washington
Recreational Trails Program (RTP)—A Federal Highways Administration grant program.
secondary Sponsor—One of two or more Sponsors who is not a primary Sponsor. Only the primary
Sponsor may be the fiscal agent for the project.
Sponsor—A Sponsor is an organization that is listed in and has signed this Agreement.
Sponsor Authorized Representative/Agent—A Sponsor's agent (employee, political appointee,
elected person, etc.) authorized to be the signatory of this Agreement and any amendments requiring
a Sponsor signature. This person has the signature authority to bind the Sponsor to this Agreement,
grant, and project.
SRFB—Salmon Recovery Funding Board
subaward—Funds allocated to the RCO from another organization, for which RCO makes available
to or assigns to another organization via this Agreement.Also, a subaward may be an award provided
by a pass-through entity to a subrecipient for the subrecipient to carry out part of any award received
by the pass-through entity. It does not include payments to a contractor or payments to an individual
that is a beneficiary of a federal or other program. A subaward may be provided through any form of
legal agreement, including an agreement that the pass-through entity considers a contract. Also see 2
C.F.R. §200.92 (2013). For federal subawards, a subaward is for the purpose of carrying out a
portion of a Federal award and creates a federal assistance relationship with the subrecipient(2
C.F.R. §200.330 (2013)). If this Agreement is a federal subaward, the subaward amount is the grant
program amount in Section G: Project Funding.
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subrecipient—Subrecipient means an entity that receives a subaward. For non-federal entities
receiving federal funds, a subrecipient is an entity that receives a subaward from a pass-through
entity to carry out part of a federal program; but does not include an individual that is a beneficiary of
such program. A subrecipient may also be a recipient of other federal awards directly from a federal
awarding agency (2 C.F.R. §200.93 (2013)). If this Agreement is a federal subaward, the Sponsor is
the subrecipient.
useful service life—Period during which an asset or property is expected to be useable for the
purpose it was acquired, developed, renovated, and/or restored per this Agreement.
WAC—Washington Administrative Code.
SECTION 2. PERFORMANCE BY THE SPONSOR
The Sponsor shall undertake the project as described in this Agreement, 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.
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 RCO.
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, 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-completion
stewardship responsibilities and long-term obligations unless otherwise stated in this Agreement.
The RCO has no responsibility for reviewing, approving, overseeing or supervising design or construction of
the project and leaves such review, approval, oversight and supervision exclusively to the Sponsor and others
with expertise or authority. In this respect, the RCO will act only to confirm at a general, lay, and nontechnical
level, solely for the purpose of compliance and payment and not for safety or suitability, that the project has
apparently been completed as per the Agreement.
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 equity arising in whole or in part from the actual or alleged acts, errors,
omissions or negligence in connection with this Agreement (including without limitation all work or activities
thereunder), or the breach of any obligation under this Agreement by the Sponsor or the Sponsor's agents,
employees, contractors, 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 the State, its
employees and/or agents for whom the State is vicariously liable.
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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, contractors, subcontractors or vendors, of any tier, or any other
persons for whom the Sponsor is legally liable, and (b)the State its employees and agents for whom it is
vicariously 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, contractors, 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 contractors, 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 appropriation or use of trade secrets, patents, proprietary
information, know-how, copyright rights or inventions by the Sponsor or the Sponsor's agents, employees,
contractors, 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 other items furnished or communicated to the
State, its agents, officers and employees pursuant to the Agreement. Provided, 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 the State's,
its agents', officers'and employees'failure to comply with specific written instructions regarding use provided
to the State, its agents, officers and employees by the Sponsor, its agents, employees, contractors,
subcontractors or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable.
As part of its obligations provided above, 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, RCW Title 51.
The funding board and RCO are included within the term State, as are all other agencies, departments,
boards, councils, committees, divisions, bureaus, offices, societies, 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, employees or
agents of the funding board or RCO. The Sponsor will not hold itself out as nor claim to be an officer,
employee or agent of RCO, 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 RCW 41.06 or Section 30B.
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 Ethics Board or other tribunal, RCO may, in its sole
discretion, by written notice to the Sponsor terminate this Agreement if it is found after due notice and
examination by RCO that there is a violation of the Ethics in Public Service Act, RCW 42.52; or any similar
statute involving the Sponsor in the procurement of, or performance under, this Agreement.
In the event this Agreement is terminated as provided herein, RCO shall be entitled to pursue the same
remedies against the Sponsor as it could pursue in the event of a 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 or this Agreement.
SECTION 8. COMPLIANCE WITH APPLICABLE LAW
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In implementing the Agreement, the Sponsor shall comply with all applicable federal, state, and local laws
(including without limitation all applicable ordinances, codes, rules, and regulations). Such compliance
includes, without any limitation as to other applicable laws, the following laws:
A. 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.
B. Secular Use of Funds. No funds awarded under this grant may be used to pay for any religious
activities, worship, or instruction, or for lands and facilities for religious activities, worship, or
instruction. Religious activities, worship, or instruction may be a minor use of the grant supported
recreation and conservation land or facility.
C. 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 or other jurisdiction which affect wages and
job safety. The Sponsor agrees when state prevailing wage laws (RCW 39.12) are applicable, to
comply with such laws, to pay the prevailing rate of wage to all workers, laborers, or mechanics
employed in the performance of any part of this contract, and to file a statement of intent to pay
prevailing wage with the Washington State Department of Labor and Industries as required by RCW
39.12.040. The Sponsor also agrees to comply with the provisions of the rules and regulations of the
Washington State Department of Labor and Industries.
1. Exception, Service Organizations of Trail and Environmental Projects (RCW
79A.35.130). If allowed by state and federal law and rules, participants in conservation corps
programs offered by a nonprofit organization affiliated with a national service organization
established under the authority of the national and community service trust act of 1993, P.L.
103-82, are exempt from provisions related to rates of compensation while performing
environmental and trail maintenance work provided: (1) The nonprofit organization must be
registered as a nonprofit corporation pursuant to RCW 24.03; (2) The nonprofit organization's
management and administrative headquarters must be located in Washington; (3) Participants
in the program must spend at least fifteen percent of their time in the program on education
and training activities; and (4) Participants in the program must receive a stipend or living
allowance as authorized by federal or state law. Participants are exempt from provisions
related to rates of compensation only for environmental and trail maintenance work conducted
pursuant to the conservation corps program.
D. Archaeological and Cultural Resources. RCO facilitates the review of applicable projects for
potential impacts to archaeological sites and state cultural resources. The Sponsor must assist RCO
in compliance with Governor's Executive Order 05-05 or the National Historic Preservation Act before
and after initiating ground-disturbing activity or construction, repair, installation, rehabilitation,
renovation, or maintenance work on lands, natural resources, or structures. 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.
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E. 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.
F. Debarment and Certification. 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
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 Washington State
Department of Labor and Industries'"Debarred Contractor List."
SECTION 9. RECORDS
A. Digital Records. If requested by RCO, the Sponsor must provide a digital file(s) of the project
property and funded project site in a format specified by the RCO.
B. 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 RCO deems the project complete, as defined in Section
11: PROJECT REIMBURSEMENTS. If any litigation, claim or audit is started before the expiration of
the six(6)year period, the records shall be retained until all litigation, claims, or audit findings
involving the records have been resolved.
C. 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.
D. Public Records. Sponsor acknowledges that the funding board is subject to RCW 42.56 and that this
Agreement and any records Sponsor submits or has submitted to the State shall be a public record as
defined in RCW 42.56. RCO administers public records requests per WAC 286-06 and 420-04.
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 10. PROJECT FUNDING
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A. Authority.This Agreement is funded through a grant award from the recreation and conservation
funding board per WAC 286 and/or the salmon recovery funding board per WAC 420. The director of
RCO enters into this Agreement per delegated authority in RCW 79A.25.020 and 77.85.120.
B. 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.
C. 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.
D. Requirements for Federal Subawards. Pre-Agreement costs before the federal award date in
Section H: FEDERAL FUND INFORMATION are ineligible unless approved by the federal award
agency (2 C.F.R § 200.458(2013)).
E. 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 11. PROJECT REIMBURSEMENTS
A. Reimbursement Basis.This Agreement is administered on a reimbursement basis per WAC 286-13
and/or 420-12. Only the primary Sponsor may request reimbursement for eligible and allowable costs
incurred during the period of performance. The primary Sponsor may only request reimbursement
after(1) this Agreement has been fully executed and (2)the Sponsor has remitted payment to its
vendors. RCO will authorize disbursement of project funds only on a reimbursable basis at the
percentage as defined in Section G: PROJECT FUNDING. Reimbursement shall not be approved for
any expenditure not incurred by the Sponsor or for a donation used as part of its matching share.
RCO does not reimburse for donations.All reimbursement requests must include proper
documentation of expenditures as required by RCO.
B. Reimbursement Request Frequency. The primary Sponsor is 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 or as identified in the milestones. Sponsors must refer to the
most recently published/adopted RCO policies and procedures regarding reimbursement
requirements.
C. 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 and other agreements
between RCO and the Sponsor.
D. Retainage Held Until Project Complete. RCO reserves the right to withhold disbursement 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 report is submitted to and accepted by RCO;
4. Any other required documents and media are complete and submitted to RCO;
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5. A final reimbursement request is submitted to RCO;
6. The completed project has been accepted by RCO;
7. Final amendments have been processed;
8. Fiscal transactions are complete, and
9. RCO has accepted a final boundary map, if requested by RCO, for which the Agreement terms
will apply in the future.
10. Notice of Grant(if applicable) filed with the county lands records office and a stamped copy
received by RCO
E. Requirements for Federal Subawards: Match. The Sponsor's matching share must comply with 2
C.F.R. §200.306 (2013). Any shared costs or matching funds and all contributions, including cash
and third party in-kind contributions, can be accepted as part of the Sponsor's matching share when
such contributions meet all of the following criteria:
1. Are verifiable from the non-Federal entity's (Sponsor's) records;
2. Are not included as contributions for any other Federal award;
3. Are necessary and reasonable for accomplishment of project or program objectives;
4. Are allowable under 2 C.F.R. Part 200, Subpart E—Cost Principles (2013);
5. Are not paid by the Federal Government under another Federal award, except where the
Federal statute authorizing a program specifically provides that Federal funds made available
for such program can be applied to matching or cost sharing requirements of other Federal
programs;
6. Are provided for in the approved budget when required by the Federal awarding agency
identified in Section H: FEDERAL FUND INFORMATION of this Agreement; and
7. Conform to other provisions of 2 C.F.R. Part 200, Subpart D—Post Federal Award
Requirements (2013), as applicable.
F. Requirements for Federal Subawards: Close out. Per 2 C.F.R §200.343 (2013), the non-Federal
entity (Sponsor) must:
1. Submit, no later than 90 calendar days after the end date of the period of performance, all
financial, performance, and other reports as required by the terms and conditions of the
Federal award. The Federal awarding agency or pass-through entity (RCO) may approve
extensions when requested by the Sponsor.
2. Liquidate all obligations incurred under the Federal award not later than 90 calendar days after
the end date of the period of performance as specified in the terms and conditions of the
Federal award.
3. Refund any balances of unobligated cash that the Federal awarding agency or pass-through
entity (RCO) paid in advance or paid and that are not authorized to be retained by the
non-Federal entity (Sponsor) for use in other projects. See OMB Circular A-129 and see 2
C.F.R §200.345 Collection of amounts due(2013), for requirements regarding unreturned
amounts that become delinquent debts.
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4. Account for any real and personal property acquired with Federal funds or received from the
Federal Government in accordance with 2 C.F.R §§200.310 Insurance coverage through
200.316 Property rust relationship and 200.329 Reporting on real property(2013).
SECTION 12. ADVANCE PAYMENTS
Advance payments of or in anticipation of goods or services are not allowed unless approved by the RCO
director and are consistent with legal requirements and Manual 8: Reimbursements. See WAC 420-12.
SECTION 13. RECOVERY OF PAYMENTS
A. Recovery for Noncompliance. 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.
B. Overpayment Payments.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.
C. Requirements for Federal Subawards. RCO, acting as a pass-through entity, may impose any of
the remedies as authorized in 2 C.F.R§§200.207 Specific conditions and/or 200.338 Remedies for
noncompliance (2013).
SECTION 14. 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 liability 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 15. INCOME (AND FEES)AND USE OF INCOME
RCFB Projects. See WAC 286-13-110 for additional requirements for projects funded from the RCFB.
A. Income.
1. Farm and Forest Account(Farmland and Forestland Preservation Grants). Excepted from
this section is income generated and fees paid on/for properties which received funds from the
Farm and Forest Account (RCW 79A.15.130).
2. Firearms and Archery Range Recreation Projects. Excepted from this section are safety
classes (firearm and/or hunter)for which a facility/range fee must not be charged (RCW
79A.25.210).
3. 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 and any policies adopted by
the RCFB or SRFB.
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B. Use of Income. Subject to any limitations contained in applicable state or federal law and applicable
rules and policies, income or fees generated at a project work site (including entrance, utility corridor
permit, cattle grazing, timber harvesting, farming, etc.) during or after the reimbursement period cited
in the Agreement, must be used to offset:
1. The Sponsor's matching resources;
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;
5. Capital expenses for similar acquisition and/or development and renovation; and/or
6. Other purposes explicitly approved by RCO
C. Fees. User and/or other fees may be charged in connection with land acquired or facilities developed,
maintained, renovated, or restored with funding board grants if the fees are consistent with the:
1. Grant program laws, rules, policies, and funding board policies;
2. Value of any service(s)furnished;
3. Value of any opportunities furnished; and
4. Prevailing range of public fees in the state for the activity involved.
D. Requirements for Federal Subawards. Sponsors must also comply with 2 C.F.R. §200.307
Program income (2013).
SECTION 16. PROCUREMENT REQUIREMENTS
A. Procurement Requirements. If the Sponsor has, or is required to have, a procurement process that
follows applicable state and/or federal law or procurement rules and principles, it must be followed,
documented, and retained. 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 bids/proposals;
3. Specify in the notice the general procedure and criteria for selection; and
4. Sponsor must contract or hire from within its bid pool. If bids are unacceptable the process
needs to be repeated until a suitable bid is selected.
5. Comply with the same legal standards regarding unlawful discrimination based upon race,
gender, ethnicity, sex, or sex-orientation that are applicable to state agencies in selecting a
bidder or proposer.
Alternatively, Sponsor may choose a bid from a bidding cooperative if authorized to do so.
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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 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.
B. Requirements for Federal Subawards.
1. For all Federal subawards except RTP projects, non-Federal entities (Sponsors) must follow 2
C.F.R§§200.318 General procurement standards through 200.326 Contract Provisions
(2013).
2. For RTP subawards, Sponsors follow such policies and procedures allowed by the State when
procuring property and services under a Federal award (2 C.F.R§ 1201.317 (2013)). State
procurement policies are in subsection A of this section.
SECTION 17. TREATMENT OF EQUIPMENT AND ASSETS
Equipment shall be used and managed only for the purpose of this Agreement, unless otherwise provided
herein or in published funding board policies, or approved by RCO in writing.
A. Discontinued Use. Equipment obtained under this Agreement shall remain in the possession of the
Sponsor for the duration of the project, or RULES of applicable grant assisted program. When the
Sponsor discontinues use of the equipment for the purpose for which it was funded, RCO may require
the Sponsor to deliver the equipment to RCO, or to dispose of the equipment according to RCO
published policies.
B. Loss or Damage.The Sponsor shall be responsible for any loss or damage to equipment.
C. Requirements for Federal Subawards. Except in the RTP, procedures for managing equipment
(including replacement equipment), whether acquired in whole or in part under a Federal award or
match for the award, until disposition takes place will, at a minimum, meet the following requirements
(2 C.F.R§200.313 (2013)):
1. Property records must be maintained that include a description of the property, a serial
number or other identification number, the source of funding for the property (including the
Federal Award Identification Number), who holds title, the acquisition date, and cost of the
property, percentage of Federal participation in the project costs for the Federal award under
which the property was acquired, the location, use and condition of the property, and any
ultimate disposition data including the date of disposal and sale price of the property.
2. A physical inventory of the property must be taken and the results reconciled with the property
records at least once every two years.
3. A control system must be developed to ensure adequate safeguards to prevent loss, damage,
or theft of the property. Any loss, damage, or theft must be investigated.
4. Adequate maintenance procedures must be developed to keep the property in good condition.
5. If the non-Federal entity is authorized or required to sell the property, proper sales procedures
must be established to ensure the highest possible return.
D. Requirements for RTP Subawards.
1. The subrecipient(Sponsor) shall follow such policies and procedures prescribed by and
allowed by the State, as well as federal law and federal rules issued by the Federal Highways
Administration and 2 CFR 200.
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2. Sponsor may be required to pay prevailing wage rates as required by the Davis Bacon Act as
amended.
SECTION 18. 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 state of Washington or the federal government, at all reasonable times, in
order to monitor and evaluate performance, long-term obligations, compliance, and/or quality assurance under
this Agreement.
If a landowner agreement or other form of control and tenure as described in Section 23.C: Control and
Tenure has been executed, it will further stipulate and define the funding board and RCO's right to inspect and
access lands acquired or developed with funding board assistance.
SECTION 19. STEWARDSHIP AND MONITORING
Sponsor agrees to perform monitoring and stewardship functions as stated in funding board policy, this
Agreement, or as otherwise directed by RCO consistent with existing policies. Sponsor further agrees to
utilize, where applicable and financially feasible, any monitoring protocols recommended by the funding board.
SECTION 20. 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. 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 21. ACKNOWLEDGMENT AND SIGNS
A. Publications. 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.
1. During the period of performance through the period of long-term obligation, the Sponsor shall
post openly visible signs or other appropriate media at entrances and other locations on the
project area that acknowledge the applicable grant program's funding contribution, unless
exempted in funding board policy or waived by the director; and
2. During the period of long-term obligation, the Sponsor shall post openly visible signs or other
appropriate media at entrances and other locations to notify the public of the availability of the
site for reasonable public access.
C. Ceremonies. The Sponsor shall notify RCO no later than two weeks before a dedication ceremony
for this 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 fund source;
2. The percentage of the total costs of the project that is financed with federal money;
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3. The dollar amount of federal funds for the project; and
4. The percentage and dollar amount of the total costs of the project that is financed by
nongovernmental sources.
SECTION 22. PROVISIONS FOR BOATING PROJECT GRANTS
If requested by RCO, or required per state or federal law or rule with respect to any project or project element
that supports recreational boating, Sponsor shall manage the project or project element per federal rules to
include 2 C.F.R. Part 200, and place a United States Coast Guard (or other federal agency) logo and funding
program information at the project site.
SECTION 23. PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION,AND
RESTORATION PROJECTS
The following provisions shall be in force only if the project described in this Agreement is for construction of
land or facilities in a development, maintenance, renovation or restoration project:
A. Operations and Maintenance. Properties, structures, and facilities developed, maintained, or
operated with the assistance of money granted by the board and within the project area shall be built,
operated, and maintained according to applicable regulations, laws, building codes, and health and
public safety standards to assure a reasonably safe condition and to prevent premature deterioration
(WAC 286.13.130). It is the Sponsor's sole responsibility to ensure the same are operated and
maintained in a safe and operable condition. The RCO does not conduct safety inspections or employ
or train staff for that purpose.
B. Document Review and Approval. Prior to commencing construction or finalizing the design, the
Sponsor agrees to submit one copy of all construction and restoration plans and specifications to
RCO for review solely for compliance with the scope of work to be identified in the Agreement. RCO
does not review for, and disclaims any responsibility to review for safety, suitability, engineering,
compliance with code, or any matters other than the scope so identified. Although RCO staff may
provide tentative guidance to a Sponsor on matters related to site accessibility by persons with a
disability, it is the Sponsor's responsibility to confirm that all legal requirements for accessibility are
met even if the RCO guidance would not meet such requirements.
1. 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 of
the board or RCO.
C. Control and Tenure. The Sponsor must provide documentation that shows appropriate tenure(such
as landowner agreement, long-term lease, easement, or fee simple ownership)for the land proposed
for construction. The documentation must meet current RCO requirements identified in the
appropriate grant program policy manual as of the effective date of this Agreement and determines
the long-term compliance period unless otherwise approved by the board.
D. 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."
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E. Use of Best Management Practices.Sponsors are encouraged to use best management practices
including those developed as part of the Washington State Aquatic Habitat Guidelines (AHG)
Program. AHG documents include"Integrated Streambank Protection Guidelines", 2002; "Land Use
Planning for Salmon, Steelhead and Trout: A land use planner's guide to salmonid habitat protection
and recovery", 2009", "Protecting Nearshore Habitat and Functions in Puget Sound", 2010; "Stream
Habitat Restoration Guidelines", 2012; "Water Crossing Design Guidelines", 2013; and "Marine
Shoreline Design Guidelines", 2014. These documents, along with new and updated guidance
documents, and other information are available on the AHG Web site. Sponsors are also encouraged
to use best management practices developed by the Washington Invasive Species Council (WISC)
described in "Reducing Accidental Introductions of Invasive Species"which is available on the WISC
Web site.
SECTION 24. PROVISIONS APPLYING TO ACQUISITION PROJECTS
The following provisions shall be in force only if the project described in this Agreement is an acquisition
project(including projects with any acquisition component):
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 financial
assistance.
C. Legal Description of Real Property Rights Acquired.The legal description of the real property
rights purchased with funding assistance provided through this Agreement (and protected by a
recorded conveyance of rights to the State of Washington) shall be delivered to RCO before final
payment.
D. Conveyance of Rights to the State of Washington. When real property rights (both fee simple and
lesser interests) are acquired, the Sponsor agrees to execute an appropriate document conveying
certain rights and responsibilities to RCO, on behalf of the State of Washington. These documents
include a Deed of Right, Assignment of Rights, Easements and/or Leases as described below. The
Sponsor agrees to use document language provided by RCO, to record the executed document in the
County where the real property lies, and to provide a copy of the recorded document to RCO. The
document required will vary depending on the funding board project type, the real property rights
being acquired and whether or not those rights are being acquired in perpetuity.
1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right
to preserve, protect, access, and/or use the property for public purposes consistent with the
funding source and project agreement. See WAC 286 or 420. Sponsors shall use this
document when acquiring real property rights that include the underlying land. This document
may also be applicable for those easements where the Sponsor has acquired a perpetual
easement for public purposes.
2. Assignment of Rights.The Assignment of Rights document transfers certain rights to RCO
and the state such as public access, access for compliance, and enforcement. Sponsors shall
use this document when an easement or lease is being acquired under this Agreement. The
Assignment of Rights requires the signature of the underlying landowner and must be
incorporated by reference in the easement document.
3. Easements and Leases.The Sponsor may incorporate required language from the Deed of
Right or Assignment of Rights directly into the easement or lease document, thereby
eliminating the requirement for a separate document. Language will depend on the situation;
Sponsor must obtain RCO approval on the draft language prior to executing the easement or
lease.
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E. Real Property Acquisition and Relocation Assistance.
1. Federal Acquisition Policies.When federal funds are part of this Agreement, the Sponsor
agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970)--Public Law 91-646, as
amended, and applicable regulations and procedures of the federal agency implementing that
Act.
2. State Acquisition Policies.When state funds are part of this Agreement, the Sponsor agrees
to comply with the terms and conditions of the Uniform Relocation Assistance and Real
Property Acquisition Policy of the State of Washington, Chapter 8.26 RCW, and Chapter
468-100 WAC.
3. Housing and Relocation. In the event that housing and relocation costs, as required by
federal law set out in subsection (1) above and/or state law set out in subsection (2)above,
are involved in the execution of this project, the Sponsor agrees to provide any housing and
relocation assistance required.
F. Buildings and Structures. In general, grant funds are to be used for outdoor recreation,
conservation, or salmon recovery. Sponsors agree to remove or demolish ineligible structures.
Sponsor must consult with RCO regarding treatment of such structures and compliance with Section
8.D Archeological and Cultural Resources.
G. Hazardous Substances.
1. 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 RCW
70.105D.020(13), and certify:
a. No hazardous substances were found on the site, or
b. Any hazardous substances found have been treated and/or disposed of in compliance
with applicable state and federal laws, and the site deemed "clean."
2. Responsibility. Nothing in this provision alters the Sponsor's duties and liabilities regarding
hazardous substances as set forth in RCW 70.105D.
3. Hold Harmless.The Sponsor will defend, protect and hold harmless the State 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, except to the extent, if any,
that the State, its officers and agents caused or contributed to the release. The funding board
and RCO are included within the term State, as are all other agencies, departments, boards,
councils, committees, divisions, bureaus, offices, societies, or other entities of state
government.
H. Requirements for Federal Subawards.The non-federal entity (Sponsor) must submit reports at
least annually on the status of real property in which the federal government retains an interest,
unless the federal interest in the real property extends 15 years or longer. In those instances where
the federal interest attached is for a period of 15 years or more, the federal awarding agency or the
pass-through entity (RCO), at its option, may require the Sponsor to report at various multi-year
frequencies (e.g., every two years or every three years, not to exceed a five-year reporting period; or
a federal awarding agency or RCO may require annual reporting for the first three years of a federal
award and thereafter require reporting every five years) (2 C.F.R§200.329 (2013)).
SECTION 25. LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS
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A. Long-Term Obligations of RCFB Projects. Sponsor shall comply with WAC 286-13-160, 170, and
180.
B. Long-Term Obligations of SRFB Projects. Sponsor shall comply with WAC 420.
C. Perpetuity. For acquisition, development, and restoration projects, or a combination thereof, unless
otherwise allowed by policy, program rules, or this Agreement, or approved in writing by RCO or the
funding board, RCO requires that the project area continue to function as intended after the period of
performance in perpetuity.
D. Conversion. The Sponsor shall not at any time convert any real property (including any interest
therein) or facility acquired, developed, renovated, and/or restored pursuant to this Agreement, unless
provided for in applicable statutes, rules, and policies. Conversion includes, but is not limited to,
putting such property to uses other than those purposes for which funds were approved or
transferring such property to another entity without prior approval via a written amendment to the
Agreement. Also see WAC Title 286 or 420 and applicable policies. All real property or facilities
acquired, developed, renovated, and/or restored with funding assistance shall remain in the same
ownership and in public use/access status in perpetuity unless otherwise expressly provided in the
Agreement or applicable policy or unless a transfer or change in use is approved by the funding board
through an amendment. Failure to comply with these obligations is a conversion. Further, if the project
is subject to operation and or maintenance obligations, the failure to comply with such obligations,
without cure after a reasonable period as determined by the RCO, is a conversion. Determination of
whether a conversion has occurred shall be based upon this Agreement, applicable law and
RCFB/SRFB policies.
For acquisition projects that are expressly term limited in the Agreement, such as one involving a
lease or a term-limited restoration, renovation or development project or easement, the restriction on
conversion shall apply only for the length of the term, unless otherwise provided in this Agreement, by
funding board policy, other RCO approved written documents, or required by applicable state or
federal law.
When a conversion has been determined to have occurred, the Sponsor is required to remedy the
conversion per established funding board policies, and the board or RCO may pursue such remedies
as are allowed by law and board policies, and/or this Agreement.
SECTION 26. CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED PROJECTS
The following provisions shall be in force only if the project described in this Agreement is an acquisition,
development, maintenance, renovation, or restoration project:
A. Property and facility operation and maintenance. Sponsor must ensure that properties or facilities
assisted with funding board funds, including undeveloped sites, are built, operated, used, and
maintained:
1. According to applicable federal, state, and local laws and regulations, including public health
standards and building codes;
2. In a reasonably safe condition for the project's intended use;
3. Throughout its estimated useful service life so as to prevent undue deterioration;
4. In compliance with all federal and state nondiscrimination laws, regulations and policies.
B. Open to the public. Unless otherwise specifically provided for in the Agreement of funding board
policies, and in compliance with applicable statutes, rules, and funding board policies, facilities must
be open and accessible to the general public, and must:
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1. Be constructed, maintained, and operated to meet or exceed the minimum requirements of the
most current guidelines or rules, 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 amended and updated.
2. Appear attractive and inviting to the public except for brief installation, construction, or
maintenance periods.
3. Be available for appropriate use by the general public at reasonable hours and times of the
year, according to the type of area or facility, unless otherwise stated in RCO manuals, by a
decision of the board, or by RCO in writing. Sponsor shall notify the public of the availability for
use by posting and updating that information on its website and by maintaining at entrances
and/or other locations openly visible signs with such information.
SECTION 27. RECORDED NOTICE OF GRANT
At the request of RCO, Sponsor shall record a notice of grant on the property and shall submit to the RCO a
recorded and registry stamped copy of such notice. The purpose of the notice of grant is to ensure that the
present and future use of the facility is and shall remain subject to the terms and conditions described in this
Agreement. The notice of grant shall be in a format specified by RCO.
SECTION 28. 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 before corporate dissolution at any time during the period of performance or long-term
obligations. Within 30 days of dissolution the Sponsor shall name a qualified successor that will agree
in writing to assume any on-going project responsibilities, and transfer all property and assets to the
successor. 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. Maintain sites or facilities open to the public and may not limit access to members.
SECTION 29. PROVISIONS FOR FEDERAL SUBAWARDS ONLY
The following provisions shall be in force only if the project described in this Agreement is funded with a
federal subaward as identified in Section H: FEDERAL FUND Information:
A. Sub-Recipient(Sponsor) must comply with the cost principles of 2 C.F.R. Part 200 Subpart E (2013).
Unless otherwise indicated, the cost principles apply to the use of funds provided under this
Agreement to include match and any in-kind matching donations. The applicability of the cost
principles depends on the type of organization incurring the costs.
B. Binding Official. Per 2 CFR 200.415, Sponsor certifies through its actions or those of authorized
staff, at the time of a request for reimbursement, the following: "To the best of my knowledge and
belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash
receipts are for the purposes and objectives set forth in the terms and conditions of the Federal
award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material
fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false
claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and
3801-3812)."
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C. Equal Employment Opportunity. Except as otherwise provided under 41 C.F.R. Part 60, all
contracts that meet the definition of"federally assisted construction contract" in 41 C.F.R. §60-1.3
must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4(b), in accordance with
Executive Order 11246, Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part,
1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246
Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office
of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor).
See 2 C.F.R. Part 200, Appendix II, paragraph C.
1. Federally Assisted Construction Contract. The regulation at 41 C.F.R. §60-1.3 defines a
"federally assisted construction contract"as any agreement or modification thereof between
any applicant and a person for construction work which is paid for in whole or in part with funds
obtained from the Government or borrowed on the credit of the Government pursuant to any
Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken
pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee,
or any application or modification thereof approved by the Government for a grant, contract,
loan, insurance, or guarantee under which the applicant itself participates in the construction
work.
2. Construction Work.The regulation at 41 C.F.R. §60-1.3 defines "construction work"as the
construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings,
highways, or other changes or improvements to real property, including facilities providing
utility services. The term also includes the supervision, inspection, and other onsite functions
incidental to the actual construction.
D. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148).When required by federal program
legislation, all prime construction contracts in excess of$2,000 awarded by non-federal entities
(Sponsors) must include a provision for compliance with the Davis-Bacon Act(40 U.S.C. 3141-3148)
as supplemented by Department of Labor regulations (29 C.F.R. § 5, "Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction").
In accordance with the statute, contractors must be required to pay wages to laborers and mechanics
at a rate not less than the prevailing wages specified in a wage determination made by the Secretary
of Labor. In addition, contractors must be required to pay wages not less than once a week. The
non-federal entity (Sponsor) must place a copy of the current prevailing wage determination issued by
the Department of Labor in each solicitation. The decision to award a contract or subcontract must be
conditioned upon the acceptance of the wage determination. The non-Federal entity (Sponsor) must
report all suspected or reported violations to the federal awarding agency identified in Section H:
Federal Fund Information.
The contracts must also include a provision for compliance with the Copeland "Anti-Kickback"Act (40
U. S. C. 3145), as supplemented by Department of Labor regulations (29 C.F.R Part 3, "Contractors
and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States"). The Act provides that each contractor or subrecipient (Sponsor) must
be prohibited from inducing, by any means, any person employed in the construction, completion, or
repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.
The non-Federal entity (Sponsor) must report all suspected or reported violations to the Federal
awarding agency identified in Section H: Federal Fund Information.
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E. Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708).Where applicable, all
contracts awarded by the non-federal entity (Sponsor) in excess of$100,000 that involve the
employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702
and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under 40 U.S.C.
3702 of the Act, each contractor must be required to compute the wages of every mechanic and
laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week
is permissible provided that the worker is compensated at a rate of not less than one and a half times
the basic rate of pay for all hours worked in excess of 40 hours in the work week.
The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer
or mechanic must be required to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market, or contracts for transportation or
transmission of intelligence.
F. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the
definition of"funding agreement" under 37 C.F.R§401.2(a) and the recipient or subrecipient
(Sponsor)wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental, developmental, or
research work under that"funding agreement,"the recipient or subrecipient(Sponsor) must comply
with the requirements of 37 C.F.R Part 401, "Rights to Inventions Made by Nonprofit Organizations
and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and
any implementing regulations issued by the awarding agency.
G. Clean Air Act(42 U.S.C.7401-7671q.)and the Federal Water Pollution Control Act(33 U.S.C.
1251-1387),as Amended. Contracts and subgrants of amounts in excess of$150,000 must contain a
provision that requires the non-Federal award to agree to comply with all applicable standards, orders
or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water
Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal
awarding agency identified in Section H: Federal Fund Information and the Regional Office of the
Environmental Protection Agency (EPA).
H. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352). By signing this Agreement, the Sponsor certifies
(per the certification requirements of 31 U.S.C.) that none of the funds that the Sponsor has (directly
or indirectly) received or will receive for this project from the United States or any agency thereof,
have been used or shall be used to engage in the lobbying of the Federal Government or in litigation
against the United States. Such lobbying includes any influence or attempt to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this project. Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will
not and has not used federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with obtaining any
federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose
any lobbying with non-federal funds that takes place in connection with obtaining any federal award.
Such disclosures are forwarded from tier to tier up to the non-federal award.
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I. Procurement of Recovered Materials.A non-federal entity (Sponsor) that is a state agency or
agency of a political subdivision of a state and its contractors must comply with section 6002 of the
Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The
requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 C.F.R part 247 that contain the highest percentage of
recovered materials practicable, consistent with maintaining a satisfactory level of competition, where
the purchase price of the item exceeds$10,000 or the value of the quantity acquired during the
preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner
that maximizes energy and resource recovery; and establishing an affirmative procurement program
for procurement of recovered materials identified in the EPA guidelines.
J. Required Insurance. The non-federal entity (Sponsor) must, at a minimum, provide the equivalent
insurance coverage for real property and equipment acquired or improved with federal funds as
provided to property owned by the non-federal entity. Federally-owned property need not be insured
unless required by the terms and conditions of the Federal award (2 C.F.R§200.310 (2013)).
K. Debarment and Suspension (Executive Orders 12549 and 12689).The Sponsor must not award a
contract to parties listed on the government-wide exclusions in the System for Award Management
(SAM), in accordance with the Office of Management and Budget (OMB) guidelines at 2 C.F.R§ 180
that implement Executive Orders 12549 (3 C.F.R part 1986 Comp., p. 189) and 12689 (3 C.F.R part
1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties
debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under
statutory or regulatory authority other than Executive Order 12549.
L. Conflict of Interest. Sponsor agrees to abide by the conflict of interest policy and requirements of the
federal funding agency established pursuant to 2 C.F.R 200.
SECTION 30. PROVISIONS FOR BOATING INFRASTRUCTURE GRANTS
A. Use of Sport Fish Restoration Logo. Per 50 CFR 86 Sec 75 and 76, the user of the logo must
indemnify and defend the United States and hold it harmless from any claims, suits, losses, and
damages from; any allegedly unauthorized use of any patent, process, idea, method, or device by the
user in connection with its use of the logo, or any other alleged action of the user; and any claims,
suits, losses, and damages arising from alleged defects in the articles or services associated with the
logo. No one may use any part of the logo in any other manner unless the United States Fish and
Wildlife Service's Assistant Director for Wildlife and Sport Fish Restoration or Regional Director
approves in writing.
SECTION 31. PROVISIONS FOR FIREARMS AND ARCHERY RANGE RECREATION PROJECTS ONLY
The following provisions shall be in force only if the project described in this Agreement is funded from the
Firearms and Archery Range Recreation Account.
A. Liability Insurance. The Sponsor of a firearms or archery range recreation project shall procure an
endorsement, or other addition, to liability insurance it carries, or shall procure a new policy of liability
insurance, in a total coverage amount the Sponsor deems adequate to ensure it will have resources
to pay successful claims of people who may be killed or injured, or suffer damage to property, while
present at the range facility to which this grant is related, or by reason of being in the vicinity of that
facility; provided that the coverage shall be at least one million dollars ($1,000,000)for the death of, or
injury to, each person.
B. Insurance Endorsement.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.
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C. Length of Insurance.The policy, endorsement or other addition, or a similar liability insurance policy
meeting the requirements of this section, shall be kept in force throughout the Sponsor's obligation to
the project as identified in this Agreement in Section F. LONG-TERM OBLIGATIONS.
D. Notice of Cancellation.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. Government Agencies.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. Sole Duty of the Sponsor. 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 32. PROVISIONS FOR LAND AND WATER CONSERVATION FUND PROJECTS ONLY
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"LWCF Grant Agreement
General Provisions" are made part of this Agreement and incorporated herein. 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 33. PROVISIONS FOR FARM AND FOREST ACCOUNT PROJECTS (FARMLAND AND
FORESTLAND PRESERVATION PROJECTS ONLY)
The following sections will not apply to Farmland and Forestland Preservation Projects if covered separately in
a recorded RCO approved Agricultural Conservation Easement, or Forest Conservation Easement(or other
method):
A. Section 15- Income and Income Use;
B. Section 19 -Stewardship and Monitoring;
C. Section 21 -Acknowledgement and Signs;
D. Section 24 -- Provisions Applying To Acquisition Projects, Sub-sections D, F, and G;
E. Section 25C -Perpetuity; and
F. Section 26--Construction, Operation, Use and Maintenance of Assisted Projects.
SECTION 34. PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS ONLY
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 C.F.R. §223.203 (b)(8) (2000), 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 Agreement. This section shall not be the basis for any enforcement
responsibility by RCO.
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SECTION 35. PROVISIONS FOR PUGET SOUND ACQUISITION AND RESTORATION PROJECTS ONLY
The following provisions shall be in force only if the project described in this Agreement is funded in part or
wholly from the Puget Sound Acquisition and Restoration program.
The Sponsor agrees to the following terms and conditions:
A. Cost Principles/Indirect Costs For State Agencies. GRANT RECIPIENT agrees to comply with the
cost principles of 2 CFR 200 Subpart E as appropriate to the award. In addition to the US
Environmental Protection Agency's General Terms and Conditions"Indirect Cost Rate Agreements," if
the recipient does not have a previously established indirect cost rate, it agrees to prepare and submit
its indirect cost rate proposal in accordance with 2 CFR 200 Appendix VII.
B. Credit and Acknowledgement. In addition to Section 21: Acknowledgement and Signs, materials
produced must display both the Environmental Protection Agency (EPA) and Puget Sound Partnership
(PSP) logos and the following credit line: "This project has been funded wholly or in part by the United
States Environmental Protection Agency. The contents of this document do not necessarily reflect the
views and policies of the Environmental Protection Agency, nor does mention of trade names or
commercial products constitute endorsement or recommendation for use."This requirement is for the
life of the product, whether during or after the Agreement period of performance.
C. Hotel Motel Fire Safety Act. Sponsor agrees to ensure that all conference, meeting, convention, or
training space funded in whole or part with federal funds, complies with the federal Hotel and Motel
Fire Safety Act (PL 101-391, as amended). Sponsors may search the Hotel-Motel National Master List
@ http://www.usfa.dhs.gov/applications/hotel to see if a property is in compliance or to find other
information about the Act.
D. Drug Free Workplace Certification. Sub-recipient(Sponsor) shall make an ongoing, good faith effort
to maintain a drug-free workplace pursuant to the specific requirements set forth in 2 C.F.R. Part
1536 Subpart B. Additionally, in accordance with these regulations, the recipient organization shall
identify all known workplaces under its federal awards, and keep this information on file during the
performance of the award. Sponsors who are individuals must comply with the drug-free provisions
set forth in 2 C.F.R. Part 1536 Subpart C. The consequences for violating this condition are detailed
under 2 C.F.R. Part 1536 Subpart E.
E. Management Fees. Management fees or similar charges in excess of the direct costs and approved
indirect rates are not allowable. The term "management fees or similar charges" refers to the
expenses added to direct costs in order to accumulate and reserve funds for ongoing business
expenses, unforeseen liabilities or for other similar costs that are not allowable. Management fees or
similar charges may not be used to improve or expand the project funded under this Agreement,
except for the extent authorized as a direct cost of carrying out the scope of work.
F. Trafficking in Persons and Trafficking Victim Protection Act of 2000 (TVPA). This provision
applies only to a sub-recipient(Sponsor), and all sub-awardees of sub-recipient(Sponsor), if any.
Sub-recipient(Sponsor) shall include the following statement in all sub-awards made to any private
entity under this Agreement.
"You as the sub-recipient, your employees, sub-awardees under this award, and
sub-awardees'employees may not engage in severe forms of trafficking in persons during the
period of time that the award is in effect; procure a commercial sex act during the period of
time that the award is in effect; or use forced labor in the performance of the award or
sub-awards under this Award."
The sub-recipient(Sponsor), and all sub-awardees of sub-recipient(Sponsor) must inform RCO
immediately of any information you receive from any source alleging a violation of this prohibition
during the award term.
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The federal agency funding this Agreement may unilaterally terminate, without penalty, the funding
award if this prohibition is violated, Section 106 of the Trafficking Victims Protection Act of 2000, as
amended.
G. Lobbying. The chief executive officer of this recipient agency (Sponsor) shall ensure that no grant
funds awarded under this Agreement are used to engage in lobbying of the Federal Government or in
litigation against the United States, unless authorized under existing law. The recipient(Sponsor) shall
abide by its respective Cost Principles (OMB Circulars A-21, A-87, and A-122), which generally
prohibits the use of federal grant funds for litigation against the United States, or for lobbying or other
political activities.
The Sponsor agrees to comply with 40 C.F.R. Part 34, New Restrictions on Lobbying. Sponsor shall
include the language of this provision in award documents for all sub-awards exceeding$100,000,
and require that sub-awardees submit certification and disclosure forms accordingly.
In accordance with the Byrd Anti-Lobbying Amendment, any Sponsor who makes a prohibited
expenditure under 40 C.F.R. Part 34 or fails to file the required certification or lobbying forms shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each expenditure.
All contracts awarded by Sponsor shall contain, when applicable, the anti-lobbying provisions as
stipulated in the Appendix at 40 C.F.R. Part 30.
Pursuant to Section 18 of the Lobbying Disclosure Act, Sponsor affirms that it is not a non-profit
organization described in Section 501(c)(4) of the Internal Revenue Code of 1986; or that it is a
non-profit organization described in Section 501(c)(4)'of the code but does not and will not engage in
lobbying activities as defined in Section 3 of the Lobbying Disclosure Act.
H. Reimbursement Limitation. If the Sponsor expends more than the amount of RCO funding in this
Agreement in anticipation of receiving additional funds from the RCO, it does so at its own risk. RCO
is not legally obligated to reimburse the Sponsor for costs incurred in excess of the RCO approved
budget.
I. Disadvantaged Business Enterprise Requirements.The Sponsor agrees to comply with the
requirements of EPA's Utilization of Small, Minority and Women's Business Enterprises in
procurements made under this award.
J. Minority and Women's Business Participation. Sponsor agrees to solicit and recruit, to the
maximum extent possible, certified minority owned (MBE) and women owned (WBE) businesses in
purchases and contracts initiated after the effective date of this Agreement.
These goals are expressed as a percentage of the total dollars available for purchase or agreement
and are as follows:
Purchased Goods 8% MBE 4%WBE
Purchased Services 10% MBE 4%WBE
Professional Services 10% MBE 4%WBE
Meeting these goals is voluntary and no agreement award or rejection shall be made based on
achievement or non-achievement of the goals. Achievement of the goals is encouraged, however, and
Sponsor and ALL prospective bidders or people submitting qualifications shall take the following
affirmative steps in any procurement initiated after the effective date of this Agreement:
1. Include qualified minority and women's businesses on solicitation lists.
2. Assure that qualified minority and women's business are solicited whenever they are potential
sources of services or supplies.
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3. Divide the total requirements, when economically feasible, into smaller tasks or quantities, to
permit maximum participation by qualified minority and women's businesses.
4. Establish delivery schedules, where work requirements permit, which will encourage
participation of qualified minority and women's businesses.
5. Use the services and assistance of the State Office of Minority and Women's Business
Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S. Department
of Commerce, as appropriate.
K. MBE/WBE Reporting. In accordance with the deviation from 40 C.F.R. §33.502, signed November 8,
2013, DBE reporting is limited to annual reports and only required for assistance agreements where
one or more the following conditions are met:
1. There are any funds budgeted in the contractual/services, equipment or construction lines of
the award;
2. $3,000 or more is included for supplies; or
3. There are funds budgeted for subawards or loans in which the expected budget(s) meet the
conditions as
4. Described in items (a) and (b).
When completing the form, recipients (Sponsors) should disregard the quarterly and
semi-annual boxes in the reporting period Section 1B of the form. For annual submissions, the
reports are due by October 30th of each year or 90 days after the end of the project period,
whichever comes first.
The reporting requirement is based on planned procurements. Recipients (Sponsors)with
funds budgeted for non-supply procurement and/or$3,000 or more in supplies are required to
report annually whether the planned procurements take place during the reporting period or
not. If no procurements take place during the reporting period, the recipient should check the
box in Section 5B when completing the form.
MBE/WBE reports should be sent to the DBE Coordinator in the Sponsor's region. Contact
information can be found at http://www.epa.gov/osbp/contactpage.htm. The coordinators also
can answer any questions.
Final MBE/WBE reports must be submitted within 90 days after the project period of the grant
ends. To be in compliance with regulations, the Sponsor must submit a final MBE/WBE report.
Non-compliance may impact future competitive grant proposals. The current EPA Form
5700-52A can be found at the EPA Office of Small Business Program's Home Page at
http://www.epa.gov/osbp/dbe_reporting.htm.
L. Procurement involving an EPA Financial Assistance Agreement. Pursuant to 40 C.F.R. § 33.301,
the Sponsor agrees to make the following six good faith efforts whenever procuring construction,
equipment, services and supplies under an EPA financial assistance agreement, and to require that
sub-recipients (Sponsors), and prime contractors also comply. Records documenting compliance with
the six good faith efforts shall be retained:
1. Ensure Disadvantaged Business Enterprise (DBEs) are made aware of contracting
opportunities to the fullest extent practicable through outreach and recruitment activities. For
Indian Tribal, State and Local and Government Sponsors, this will include placing DBEs on
solicitation lists and soliciting them whenever they are potential sources.
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2. Make information on forthcoming opportunities available to DBEs and arrange time frames for
contracts and establish delivery schedules, where the requirements permit, in a way that
encourages and facilitates participation by DBEs in the competitive process. This includes,
whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar
days before the bid or proposal closing date.
3. Consider in the contracting process whether firms competing for large contracts could
subcontract with DBEs. For Indian Tribal, State and local Government Sponsors, this will
include dividing total requirements when economically feasible into smaller tasks or quantities
to permit maximum participation by DBEs in the competitive process.
4. Encourage contracting with a consortium of DBEs when an agreement is too large for one of
these firms to handle individually.
5. Use the services and assistance of the Small Business Administration (SBA) and the Minority
Business Development of the Department of Commerce.
6. If the Sponsor awards subcontracts, require the Sponsor to take the steps in paragraphs (a)
through (e) of this section.
M. Lobbying & Litigation. By signing this Agreement, the Sponsor certifies that none of the funds
received from this Agreement shall be used to engage in the lobbying of the Federal Government or in
litigation against the United States unless authorized under existing law.
The chief executive officer of this Sponsor agency shall ensure that no grant funds awarded under
this Agreement are used to engage in lobbying of the Federal Government or in litigation against the
United States unless authorized under existing law. The Sponsor shall abide by its respective
Attachment in 2 C.F.R. Part 200, which prohibits the use of federal grant funds for litigation against
the United States or for lobbying or other political activities.
For subawards exceeding $100,000, EPA requires the following certification and disclosure forms:
1. Certification Regarding Lobbying, EPA Form 6600-06:
http://www.epa.gov/ogd/AppKit/form/Lobbying_sec.pdf
2. Disclosure of Lobbying Activities, SF LLL: http://www.epa.gov/ogd/AppKit/form/sflllin_sec.pdf
3. Legal expenses required in the administration of Federal programs are allowable. Legal
expenses for prosecution of claims against the Federal Government are unallowable.
N. Payment to Consultants. EPA participation in the salary rate (excluding overhead) paid to individual
consultants retained by recipients (Sponsors) or by a recipients' (Sponsor's) contractors or
subcontractors shall be limited to the maximum daily rate for Level IV of the Executive Schedule
(formerly GS-18), to be adjusted annually. This limit applies to consultation services of designated
individuals with specialized skills who are paid at a daily or hourly rate. This rate does not include
transportation and subsistence costs for travel performed (the recipient will pay these in accordance
with his/her normal travel reimbursement practices).
Subagreements with firms for services that are awarded using the procurement requirements in 40
C.F.R. Parts 30 or 31, are not affected by this limitation unless the terms of the contract provide the
recipient(Sponsor)with responsibility for the selection, direction and control of the individual who will
be providing services under the contract at an hourly or daily rate of compensation. See 40 C.F.R. §
30.27(b) or 40 C.F.R. § 31.369(j), as applicable, for additional information.
As of January 1, 2014, the limit is$602.24 per day $75.28 per hour.
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O. Peer Review.Where appropriate, prior to finalizing any significant technical products the Principal
Investigator(PI) of this project must solicit advice, review, and feedback from a technical review or
advisory group consisting of relevant subject matter specialists. A record of comments and a brief
description of how respective comments are addressed by the PI will be provided to the Project
Monitor prior to releasing any final reports or products resulting from the funded study.
P. International Travel (Including Canada).All International Travel must be approved by the US
Environmental Protection Agency's Office of International and Tribal Affairs (OITA) BEFORE travel
occurs. Even a brief trip to a foreign country, for example to attend a conference, requires OITA
approval. Please contact your Partnership Project manager as soon as possible if travel is planned
out of the country, including Canada and/or Mexico, so that they can submit a request to the EPA
Project Officer if they approve of such travel.
Q. Unliquidated Obligations(ULO). Sub-recipients, and all sub-awardees of Sub-Recipients, if any,
should manage their agreement and subaward funding in ways that reduce the length of time that
federal funds obligated and committed to subaward projects are unspent(not yet drawn down through
disbursements to sub-recipients and sub-awardees).
SECTION 36. 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 a direct
and irreconcilable conflict between the terms of this Agreement and any applicable statute, rule, or policy or
procedure, the conflict shall be resolved by giving precedence in the following order:
1. Federal law and binding executive orders;
2. Code of federal regulations;
3. Terms and conditions of a grant award to the state from the federal government;
4. Federal grant program policies and procedures adopted by a federal agency that are required
to be applied by federal law;
5. State law (constitution, statute);
6. Washington Administrative Code;
7. Funding board or RCO policies.
SECTION 37. LIMITATION OF AUTHORITY
Only RCO's Director or RCO's delegate by writing (delegation to be made prior to action) shall have the
authority to alter, amend, modify, or waive any clause or condition of this Agreement; provided that any such
alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or
binding unless made as a written amendment to this Agreement and signed by the RCO Director or delegate.
SECTION 38. 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 as an amendment to the original Agreement.
SECTION 39. APPLICATION REPRESENTATIONS—MISREPRESENTATIONS OR INACCURACY OR
BREACH
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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 40. 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 and/or enforcement of long-term
obligations. 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, including but not limited to seeking full or partial
repayment of the grant amount paid and damages.
SECTION 41. TERMINATION AND SUSPENSION
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. For federal awards, notification of termination will comply with 2 C.F.R. §200.340.
A. For Cause.
1. The fundingboard or the director maysuspend or terminate the obligation toprovide funding
p 9
to the Sponsor under this Agreement:
a. If the Sponsor breaches any of the Sponsor's obligations under this Agreement;
b. 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; or
c. If the primary and secondary Sponsor(s) cannot mutually agree on the process and
actions needed to implement the project;
2. Prior to termination, the RCO or the funding board shall notify the Sponsor in writing of the
opportunity to cure. If corrective action is not taken within 30 days or such other time period
that the director or board approves in writing, the Agreement may be terminated. In the event
of termination, the Sponsor shall be liable for damages or other relief as authorized by law
and/or this Agreement.
3. RCO reserves the right to suspend all or part of the Agreement, withhold further payments, or
prohibit the Sponsor from incurring additional obligations of funds during the investigation of
any alleged breach and pending corrective action by the Sponsor, or a decision by the RCO to
terminate the Contract.
B. 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 when it is in the best interest of the state. If this Agreement is so terminated, RCO shall be liable
only for payment required under the terms of this Agreement prior to the effective date of termination.
A claimed termination for cause shall be deemed to be a "Termination for Convenience" if it is
determined that:
1. The Sponsor was not in default; or
2. Failure to perform was outside Sponsor's control, fault or negligence.
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C. Rights of Remedies of the RCO.
1. The rights and remedies of RCO provided in this Agreement are not exclusive and are in
addition to any other rights and remedies provided by law.
2. In the event this Agreement is terminated by the funding board or director, 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. However, any repayment shall be limited to the extent it
would be inequitable and represent a manifest injustice in circumstances where the project will
fulfill its fundamental purpose for substantially the entire period of performance and of
long-term obligation.
D. 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.
1. Suspension: The obligation of the RCO to manage contract terms and make payments is
contingent upon the state appropriating state and federal funding each biennium. In the event
the state is unable to appropriate such funds by the first day of each new biennium RCO
reserves the right to suspend the Agreement, with ten (10) days written notice, until such time
funds are appropriated. Suspension will mean all work related to the contract must cease until
such time funds are obligated to RCO and the RCO provides notice to continue work.
SECTION 42. 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.
RCO 17-1052C Revision Date: 1/11/2018 Page 36 of 38
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.
SECTION 43. ATTORNEYS'FEES
In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own
attorney fees and costs.
SECTION 44. 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, if venue there is legally proper, and
if not, in a county where venue is legally proper. The Sponsor, by execution of this Agreement acknowledges
the jurisdiction of the courts of the State of Washington.
SECTION 45. PROVISIONS APPLICABLE ONLY IF FEDERALLY RECOGNIZED INDIAN TRIBE IS THE
SPONSOR
In the cases where this Agreement is between the funding board (which includes the State of Washington for
purposes of this Agreement) and a federally recognized Indian Tribe, the following terms and conditions apply,
but only between those parties:
A. Notwithstanding the above venue provision, if the State of Washington intends to initiate legal action
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 an action 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 action in federal court, otherwise the State may sue the Tribe in the Thurston
County Superior Court, or such other superior court where venue is proper, if not proper in Thurston
County. Interpretation of the Agreement shall be according to applicable State law, except to the
extent preempted by federal 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 State may bring suit in Thurston County Superior Court or such other superior court
where venue is proper, if not proper in Thurston County.
B. Any judicial award, determination, order, decree or other relief, whether in law or equity or otherwise,
resulting from such actions under subsection A above, shall be binding and enforceable on the
parties. Any money judgment or award against a Tribe, tribal officers, or employees, or the State of
Washington, its agencies, or its officers and employees may exceed the amount of funding awarded
under this Agreement.
C. As requested by RCO, the Tribe shall provide to RCO its governing requirements and procedures for
entering into Agreement with RCO and waiving its sovereign immunity. In addition, the tribe shall
provide to RCO all authorizations the Tribe requires to authorize the person(s) signing the Agreement
on the Tribe's behalf to bind the Tribe and waive the Tribe's sovereign immunity as provided herein.
RCO 17-1052C Revision Date: 1/11/2018 Page 37 of 38
D. The Tribe hereby waives its sovereign immunity for suit in federal and state court for the limited
purposes of allowing the State to bring and prosecute to completion such actions relating to the
performance, breach, or enforcement of this Agreement as provided in subsection A above, and to
bring actions to enforce any judgment arising from such 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.
For purposes of this provision, the State includes the funding board, the RCO, and any other state agencies
as the term "agency" is broadly understood to include, but not be limited to, departments, commissions,
boards, divisions, bureaus, committees, offices, councils, societies, etc.
SECTION 46. 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.
RCO 17-1052C Revision Date: 1/11/2018 Page 38 of 38
Eligible Scope Activities
Project Sponsor: Jefferson County Project Number: 17-1052
Project Title: Big Quilcene Riparian Protection Project Type: Planning&Acquisition
Program: Salmon Federal Projects Approval: 2/1/2018
Acquisition Metrics
Property: Dias (Worksite#1, Lower Big Quilcene Floodplain)
Real Property Acquisition
Easement
Easement type: Other Easement
Acres by Acreage Type(easement):
Riparian 3.00
Incidentals
Appraisal
Appraisal Review
Closing, Recording,Taxes,Title
Cultural resources(Acq)
Survey(Acq)
Administrative Costs(Acq)
Administrative costs(Acq)
Property: Ward, Charles (Nick) (Worksite #1, Lower Big Quilcene Floodplain)
Real Property Acquisition
Easement
Easement type: Other Easement
Acres by Acreage Type(easement):
Riparian 4.00
Incidentals
Appraisal
Appraisal Review
Closing, Recording,Taxes,Title
Cultural resources(Acq)
Survey(Acq)
Administrative Costs(Acq)
Administrative costs(Acq)
Planning Metrics
Worksite #1, Lower Big Quilcene Floodplain
ELIGREIM.RPT May 29,2018 Page: 1
Eligible Scope Activities
Targeted salmonid ESU/DPS(A.23): Chinook Salmon-Puget Sound ESU,
Chum Salmon-Hood Canal Summer-run
ESU, Coho Salmon-Puget Sound/Strait
of Georgia ESU, Steelhead-Puget
Sound DPS
Area Encompassed(acres) (B.0.b.1): 10.0
This figure is dependent upon the
approach taken by each landowner-
conservation easement or fee-simple
and, if the latter, whether or not a
boundary line adjustment would be
possible to reduce the size of the
acquisition.
Targeted species(non-ESU species): Cutthroat
Miles of Stream and/or Shoreline Affected (B.0.b.2): 1.00
This is the extent of the Big Quilcene
River anticipated to be affected by
implementation of the Restoration
Design.
Miles of Stream and/or Shoreline Treated or Protected (C.O.b): 0.05
Project Identified In a Plan or Watershed Assessment(C.O.c): 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
01/01/1994 Big Quilcene River Linger
Longer Reach Feasibility Study and
Action Plan 06/2005 PSNERP Strategic
Restoration Conceptual Engineering-
Final Design Report Revised 2012; Big
Quilcene Restoration Design Preferred
Alternative-HCSEG 2017
Type Of Monitoring (C.O.d.1): None
Restoration Planning And Coordination Project
Conducting habitat restoration scoping and feasibility studies(B.1.b.8)
Project Identified in a Plan or Watershed Assessment(8.1.b.8.a): Acquisitions are identified in several
plans(see Acquisition Metrics)and the
outreach to landowners is a necessary
step towards accomplishing the
acquisitions linked to a road realignment
upstream of the current location.
Priority in Recovery Plan(B.1.b.8.b): None
Name and Description of Plan: None
Agency Indirect Costs
Agency Indirect
ELIGREIM.RPT May 29,2018 Page: 2
.
Milestone Report By Project
Project Number: 17-1052 C
Project Name: Big Quilcene Riparian Protection
Sponsor: Jefferson County of
Project Manager: Josh Lambert
X ! Milestone Target Date Comments/Description
Project Start 01/19/2018
Data Gathering Started 06/15/2018 ongoing restoration/design outreach
I Progress Report Due 07/31/2018
! Annual Project Billing Due 07/31/2018
RFP Complete/Consultant Hired 09/01/2018 appraiser
Order Appraisal(s) 10/01/2018
I Order Appraisal Review(s) 11/01/2018
I Purchase Agreement Signed 01/01/2019
Baseline Documentation to RCO 01/01/2019
! Progress Report Due 01/31/2019
Acquisition Closing 03/01/2019
Environmental Assess Complete 03/01/2019
Recorded Acq Documents to RCO 04/01/2019
Recorded Land Survey to RCO 04/01/2019
i Annual Project Billing Due 07/31/2019
I Progress Report Due 07/31/2019
I Cultural Resources Complete 08/01/2019
Draft Design to RCO 09/01/2019 In partnership with HCSEG who will
submit restoration design
RCO Final Inspection 11/01/2019
Demolition Complete 11/01/2019
Noxious Weed Control Complete 11/01/2019
Funding Acknowl Sign Posted 11/01/2019 If HCSEG agrees. May occur as part of
restoration phase instead.
Stewardship Plan to RCO 12/31/2019
Final Report Due 12/31/2019
I Agreement End Date 12/31/2019
Final Billing Due 12/31/2019
X=Milestone Complete
IMILESTO.RPT May 29.2018 Paae: 1
Milestone Report By Project
!=Critical Milestone
IMILESTO.RPT May 29.2018 Paae: 2