HomeMy WebLinkAboutHood Canal Salmon Enhancement Group (HCSEG) - 112519t Tf� 1p'- 1 70�
MEMORANDUM OF UNDERSTANDING
Between
Jefferson County
and the
Hood Canal Salmon Enhancement Group
Lower Big Quilcene Floodplain Acquisitions 2018
This Memorandum of Understanding ("MOU") is made and entered into on August 1, 2019 ("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 number of privately held properties located on the
lower Big Quilcene River floodplain is necessary to the vision 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 #18-1227, 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 (FbD) Grant 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).
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 resources to assist
the County in meeting their RCO (Project A) grant match requirements; 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 understanding made herein, both parties agree as follows:
HCSEG and Jefferson County will coordinate on further restoration efforts of the Lower Big Quilcene
River Design and Acquisition:
1. The Hood Canal Salmon Enhancement Group will:
a. Through a matching contribution of $54,500, provide the means to support efforts of
Jefferson County to acquire land, obtain associated closing documentation for
acquisition, take title to land acquired, and to otherwise meet the deliverables of its RCO
grant while furthering the Scope of Work for the FbD grant.
b. The Hood Canal Salmon Enhancement Group will not provide administrative, outreach
or any other staff time or services or hire temporary staff in connection with the County's
RCO grant.
2. Jefferson County will bring to this MOU: staff resources for administrating and managing
newly acquired land(s) in addition to being responsible for all of their # 18-1227 RCO grant for
habitat restoration.
Specific to this MOU, tasks include:
a. Land Acquisition and Support:
1. Conduct outreach and education to potential willing sellers of land.
2. Obtain County and RCO required approvals necessary to initiate and complete
landowner negotiations and closings.
3. Obtain an Acquisition Report (Attachment C) for each property acquired.
4. Provide escrow payment requests to HCSEG at least three weeks in advance of
closing.
5. Submit to HCSEG a completed pre-closing and a post -closing report (Attachment D
and Attachment E) for each property and draft stewardship plan(s).
6. In accordance with RCO Manual 3, Acquiring Lands
(https://www.rco.wa.gov/documents/manuals&forms/Manual_3_acq.pdf), take title of
each property acquired through this MOU to include recording a Conservation
Covenant to preserve land acquired as open space in perpetuity and protected from
future development. Jefferson County shall be named as "Grantor"; and Washington
State Department of Ecology shall be named as "Grantee". As allowed by the
"Grantor" or "Grantee", Hood Canal Salmon Enhancement Group shall also have the
right to inspect the property to ensure terms of the covenant are being met.
b. Administrative and Management Support
1. Conduct a competitive procurement process for acquisition related contract and
consultant services.
2. All bidding, contracting and RFQ procedures will follow County procurement
procedures, including Chapter 39.80 RCW and Chapter 3.55 of the Jefferson County
Code.
3. Prior to commencing work, HCSEG shall obtain at its own cost and expense the
following insurance coverage specified below and shall keep such coverage in force
during the terms of the Agreement.
a. Commercial Automobile Liability Insurance providing bodily injury and property
damage liability coverage for all owned and non -owned vehicles assigned to or
used in the performance of the work for a combined single limit of not less than
$500,000 each occurrence with the County named as an additional insured in
connection with HCSEG's performance of this Agreement. This insurance shall
indicate on the certificate of insurance the following coverage: (a) Owned
automobiles; (b) Hired automobiles; and, (3) Non -owned automobiles.
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b. Commercial General Liability Insurance in an amount not less than a single limit
of one million dollars ($1,000,000) per occurrence and an aggregate of not less
than two (2) times the occurrence amount ($2,000,000.00 minimum) for bodily
injury, including death and property damage, unless a greater amount is specified
in the contract specifications. The insurance coverage shall contain no limitations
on the scope of the protection provided and include the following minimum
coverage:
i. Broad Form Property Damage, with no employee exclusion;
ii. Personal Injury Liability, including extended bodily injury;
iii. Broad Form Contractual/Commercial Liability — including coverage for
products and completed operations;
iv. Premises — Operations Liability (M&C);
V. Independent Contractors and subcontractors;
vi. Blanket Contractual Liability.
c. Professional Liability Insurance. HCSEG shall maintain professional liability
insurance against legal liability arising out of activity related to the performance
of this Agreement, on a form acceptable to Jefferson County Risk Management in
the amounts of not less than $1,000,000 Each Claim and $2,000,000 Aggregate.
The professional liability insurance policy should be on an "occurrence" form. If
the professional liability policy is "claims made," then an extended reporting
periods coverage (tail coverage) shall be purchased for three (3) years after the
end of this Agreement, at HCSEG's sole expense. HCSEG agrees its obligation to
provide professional liability insurance shall survive the completion or termination
of this Agreement for a minimum period of three (3) years.
d. The County shall be named as an "additional named insured" under all insurance
policies required by this Agreement, except Professional Liability Insurance when
not allowed by the insurer.
e. Such insurance coverage shall be evidenced by one of the following methods: (a)
Certificate of Insurance; or, (b) Self-insurance through an irrevocable Letter of
Credit from a qualified financial institution.
f. HCSEG shall furnish the County with properly executed certificates of insurance
that, at a minimum, shall include: (a) The limits of overage; (b) The project name
to which it applies; (c) The certificate holder as Jefferson County, Washington
and its elected officials, officers, and employees with the address of Jefferson
County Public Health 615 Sheridan Street, Port Townsend, WA 98368, and, (d) A
statement that the insurance policy shall not be canceled or allowed to expire
except on thirty (30) days prior written notice to the County. If the proof of
insurance or certificate indicating the County is an "additional insured" to a policy
obtained by HCSEG refers to an endorsement (by number or name) but does not
provide the full text of that endorsement, then it shall be the obligation of HCSEG
to obtain the full text of that endorsement and forward that full text to the County.
Certificates of coverage as required by this section shall be delivered to the
County within fifteen (15) days of execution of this Agreement.
g. Failure of HCSEG to take out or maintain any required insurance shall not relieve
HCSEG from any liability under the Agreement, nor shall the insurance
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requirements be construed to conflict with or otherwise limit the obligations
concerning indemnification of the County.
h. HCSEG's insurers shall have no right of recovery or subrogation against the
County (including its employees and other agents and agencies), it being the
intention of the parties that the insurance policies, with the exception of
Professional Liability Insurance, so affected shall protect both parties and be
primary coverage for all losses covered by the above described insurance.
i. Insurance companies issuing the policy or policies shall have no recourse against
the County (including its employees and other agents and agencies) for payment
of any premiums or for assessments under any form of policy.
j. All deductibles in the above described insurance policies shall be assumed by and
be at the sole risk of HCSEG.
k. Any deductibles or self-insured retention shall be declared to and approved by the
County prior to the approval of this Agreement by the County. At the option of
the County, the insurer shall reduce or eliminate deductibles or self-insured
retention, or HCSEG shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
1. Insurance companies issuing HCSEG's insurance policy or policies shall have no
recourse against the County (including its employees and other agents and
agencies) for payment of any premiums or for assessments under any form of
insurance policy.
m. Any judgments for which the County may be liable, in excess of insured amounts
required by this Agreement, or any portion thereof, may be withheld from
payment due, or to become due, to HCSEG until HCSEG shall furnish additional
security covering such judgment as may be determined by the County.
n. Any coverage for third party liability claims provided to the County by a "Risk
Pool" created pursuant to Ch. 48.62 RCW shall be non-contributory with respect
to any policy of insurance HCSEG must provide in order to comply with this
Agreement.
o. The County may, upon HCSEG's failure to comply with all provisions of this
Agreement relating to insurance, withhold payment or compensation that would
otherwise be due to HCSEG.
p. HCSEG's liability insurance provisions shall be primary and noncontributory with
respect to any insurance or self-insurance programs covering the County, its
elected and appointed officers, officials, employees, and agents.
q. Any failure to comply with reporting provisions of the insurance policies shall not
affect coverage provided to the County, its officers, officials, employees, or
agents.
r. HCSEG's insurance shall apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits of the insurer's liability.
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s. HCSEG shall include all subcontractors as insured under its insurance policies or
shall furnish separate certificates and endorsements for each subcontractor. All
insurance provisions for subcontractors shall be subject to all the requirements
stated herein.
t. The insurance limits mandated for any insurance coverage required by this
Agreement are not intended to be an indication of exposure nor are they
limitations on indemnification.
u. HCSEG shall maintain all required insurance policies in force from the time
services commence until services are completed. Certificates, insurance policies,
and endorsements expiring before completion of services shall be promptly
replaced. All the insurance policies required by this Agreement shall provide that
thirty (30) days prior to cancellation, suspension, reduction or material change in
the policy, notice of same shall be given to the Jefferson County Public Health
Contracts Manager by registered mail, return receipt requested.
v. HCSEG shall place insurance with insurers licensed to do business in the State of
Washington and having A.M. Best Company ratings of no less than A-, with the
exception that excess and umbrella coverage used to meet the requirements for
limits of liability or gaps in coverage need not be placed with insurers or re-
insurers licensed in the State of Washington.
w. The County reserves the right to request additional insurance on an individual
basis for extra hazardous contracts and specific service agreements.
3. Indemnity:
a. HCSEG and the County shall indemnify, defend and hold harmless the other party, their
officers, officials, employees, agents and volunteers, from liability, including the duty and
cost to defend, hereunder and any and all claims, losses or liability, or any portion thereof,
including attorney's fees and costs, arising from acts, errors or omissions in performance of
this Agreement.
b. Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the parties,
their officers, officials, employees, agents and volunteers, the liability of the parties,
including the duty and cost to defend, hereunder shall be only to the extent of a party's share
of fault.
It is further specifically and expressly understood that the indemnification provided
herein constitutes the Contractor's waiver of immunity under Industrial Insurance,
Title 51 RCW, solely for the purposes of this indemnification. This waiver has been
mutually negotiated by the parties.
4. General Terms:
a. Nothing in this MOU implies an obligation for HCSEG to provide the means to support a
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grant other than Projects A and B above.
b. 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.
C. Either HCSEG or the County may terminate this agreement upon thirty (30) days written
notice to the other party, otherwise this agreement shall be in effect until June 30, 2021,
unless extended in writing by both parties as an amendment to this MOU.
d. Consistent with Ecology's Floodplain by Design grant, participants of this MOU will
follow Ecology's Administrative Requirements for Recipients of Ecology Grants and
Loans — EAGL Edition
(httpsHfortress.wa.gov/ecy/publications/SummaryPages/1 701004.html)
e. Notices:
Notices to HCSEG shall be sent to the following addresses:
Mendy Harlow, Executive Director
Hood Canal Salmon Enhancement Group
PO Box 2169
Belfair, WA 98528
Ph: 360/275-3575 ext. 123
E-mail: mendygpnwsalmoncenter.org
Camilla Popp, Project Manager
Hood Canal Salmon Enhancement Group
PO Box 2169
Belfair, WA 98528
Ph: 360/275-3575 ext. 121
E-mail: camilla@pnwsalmoncenter.org
Notices to the Jefferson County 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: tpokornygco.jefferson.wa.us
g. Each party to this Agreement, and each individual signing on behalf of each party hereby
represents and warrants to the other that it has full power 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.
h. 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
,:01
understanding with regard thereto. Any modification of this agreement must be in writing
and signed by the parties.
An estimated timeline for accomplishing the tasks associated with this agreement and
RCO and Ecology grants is below.
August 2019
MOU approved and signed by both parties
September 1 — December 31, 2019
County and HCSEG coordinate, communicate and meet with
project area landowners. HCSEG contracts for mutually agreed
upon acquisition related tasks.
January 1, 2020 — June 30, 2021
County negotiates acquisition(s) for Project A property(ies),
closes sale(s) with willing seller(s). Reports sent to RCO and
DOE.
(SIGNATURES FOLLOW ON NEXT PAGE)
7
DATED this S
day of h U VY),v 1,,,) 52019
Hood Canal Salmon Enha ement Group
By:
• /�
Mendy Harlow
Executive Director
Jefferson 9unly
By E /K
Kate De , Chair
Jefferson Board of County Commissioners
Attest/Authenticated:
By:
Carolyn Gal way,
Deputy Clerk of the Board
(Seal)
APPR D AS TO ORM
By. 11 f
Ubilip L' LWasuGko"s s Kt, VW
Q"f Civil Deputy Prosecuting Attorney
Attachments:
A: RCO Jefferson County Contract 18-1227
B: Ecology HC SEG Contract FYI 7-19 and Amendments
C: Acquisition Report
D: Pre -Closing Report
E: Post Closing Report
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Attachment A: RCO Jefferson County Contract 18-1227
RCO Project Agreement
Conf�f � C'3iC" c�t'C-��
ffice
Project Sponsor: Jefferson County Public Health Project Number: 18-1227A
Project Title: Lower Big Quilcene Floodplain Acquisitions 2018 Approval Date: 07/01/2019
PARTIES OF THE AGREEMENT
This Recreation and Conservation Office 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 by and through the Jefferson County Public Health
(Sponsor, and primary 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.
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 a grant application for grant assistance, (2) enter into this project
agreement on behalf of the Sponsor(s) (including indemnification and waiver of sovereign immunity, if applicable, 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/Agent(s) of all
sponsors, unless otherwise allowed in Amendments and Agreement Section.
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 PROJECT REIMBURSEMENTS Section).
PURPOSE OF AGREEMENT
This Agreement sets out the terms and conditions by which a grant is made from the State Building Construction Account of
the State of Washington. The grant is administered by the Recreation and Conservation Office (RCO).
DESCRIPTION OF PROJECT
This project will acquire and protect floodplain properties on the floodplain of the Big Quilcene River that are essential to
implementing a preferred restoration design to restore spawning habitat in the lower Big Quilcene River for Hood Canal
summer chum and habitat -forming processes by removing existing structures and improvements and restoring native riparian
vegetation on key floodplain properties
The restoration design currently being developed by Hood Canal Salmon Enhancement Group (HCSEG) and its partners
includes "actions that will allow the river to reconnect to historic floodplain areas and that is consistent with community needs
and benefits."
An important design element is a new road and bridge alignment to accommodate a functional channel migration zone.
Relocating the existing Linger Longer Bridge and transportation corridor upstream to the vicinity of Rodgers St. would likely
help maximize opportunities to reconnect the floodplain and restore habitat.
This project will work directly with potential willing landowners to accomplish the acquisitions necessary to implement the
restoration design up to the limit of available funds and, in combination with other RCO-funded County acquisition projects,
this project will acquire two or more properties or property interests.
PERIOD OF PERFORMANCE
The period of performance begins on July 1, 2019 (project start date) and ends on June 30, 2021 (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 applicable RCWs, WACs, and any applicable RCO
manuals as of the effective date of this Agreement.
RCO: 18-1227 Revision Date: 1/1/2019 Page 1 of 27
The Sponsor must request extensions of the period of performance at least 60 days before the project end date.
STANDARD TERMS AND CONDITIONS INCORPORATED
The Standard Terms and Conditions of the Agreement are hereby incorporated by reference as part of this Agreement.
LONG-TERM OBLIGATIONS
For this acquisition 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 the Long -Term Obligations Of The Project Sponsors
section) that all lands acquired and or facilities and areas developed, renovated, or restored with funding assistance remain in
the public domain in perpetuity.
PROJECT FUNDING
The total grant award provided for this project shall not exceed $300,000.00. The RCO shall not pay any amount beyond that
approved for grant funding of the project and within the 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
SRFB - Puget Sound Acq. & Restoration 84.63%
Project Sponsor 15.37%
Total Project Cost 100.00%
FEDERAL FUND INFORMATION
Dollar Amount
$300,000.00
$54,500.00
$354,500.00
Source of Funding
State
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 Environmental Protection Agency
Catalog of Federal Domestic Assistance Number and Name: 66.456 - PSP
Federal Award Identification Number: CE -01J31901
Federal Fiscal Year: 2017
Federal Award Date: 09/08/2017
Total Federal Award: $17,438,600
Federal Award Project Description: This Base Grant is for the Puget Sound National Estuary Program. This backbone
organization role includes: Program level financial management; researching funding opportunities; providing program match
for local and tribal capacity grants; demonstrating sound fiscal management practices; Administering the Partnership's Boards
and partners in the development of the Action Agenda; Supporting direct public engagement; Coordinating and implementing a
strategic science program to support Puget Sound ecosystem recovery; Ecosystem Assessment and Monitoring; and
Reporting on outputs and outcomes.
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 and all RCO Agreement(s) with the Sponsor if such noncompliance is not promptly cured.
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: 18-1227 Revision Date: 1/1/2019 Page 2 of 27
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 policies applicable and active and published in the applicable 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.
COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND POLICIES
This Agreement is governed by, and the sponsor shall comply with, all applicable state and federal laws and regulations,
applicable RCO manuals as identified below, and any applicable federal program and accounting rules effective as of the date
of this Agreement, and with respect to any amendments to this Agreement, as of the effective date of that 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.
For the purpose of this Agreement, WAC Title 420, SRFB policies, and shall apply as terms of this Agreement.
For the purpose of this Agreement, the following RCO manuals are deemed applicable and shall apply as terms of this
Agreement:
• Acquisition Projects - Manual 3
• Long Term Obligations - Manual 7
• Reimbursements - Manual 8
• Salmon Recovery Grants - Manual 18
SPECIAL CONDITIONS
Cultural Resource Survey Required: Pursuant to the Governor's Executive Order (EO) 05-05, the Recreation and
Conservation Office is required to consult with Native American tribes and the Department of Archaeology and Historic
Preservation to determine each project's potential for impacting cultural resources and if further investigation or mitigating
measures are necessary for it to proceed. RCO has completed this consultation and a cultural resources survey is required.
Please see PRISM attachment #379480.
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:
Sponsor Proiect Contact
Tami Pokorny
Natural Resources Specialist
615 Sheridan St
Port Townsend, WA 98368
tpokorny@co.jefferson.wa.us
RCO Contact
Josh Lambert
Natural Resources Building
PO Box 40917
Olympia, WA 98504-0917
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.
RCO: 18-1227 Revision Date: 1/1/2019 Page 3 of 27
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.
EFFECTIVE DATE
This Agreement, for project 18-1227, 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 the PERIOD OF
PERFORMANCE Section 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
and the STANDARD TERMS AND CONDITIONS OF THE RECREATION AND CONSERVATION OFFICE 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 and Conservation Office
On behalf of the Salmon Recovery Funding Board (SRFB or funding board)
By: Date:
Kaleen Cottingham
Director
Recreation and Conservation Office
Pre -approved as to form:
By: Y: l4' Date:
Assistant Attorney General
01/01/2019
RCO: 18-1227 Revision Date: 1/1/2019 Page 4 of 27
a[�ccreatic«nd
Project Sponsor: Jefferson County Public Health
Project Title: Lower Big Quilcene Floodplain Acquisitions 2018
Eligible Scope Activities
ELIGIBLE SCOPE ACTIVITIES
Acquisition Metrics
Property: Baughman (Worksite #1, Lower Big Quilcene
Floodplain)
Property: Davidson (Worksite #1, Lower Big Quilcene
Floodplain)
Real Property Acquisition
Land
Acres by Acreage Type (fee simple):
Riparian
Riparian
Existing structures on site:
Existing structures on site:
Incidentals
Agency Indirect (Acq)
Appraisal
Appraisal Review
Boundary line adjustment
Closing, Recording, Taxes, Title
Cultural resources (Acq)
RCO Project Agreement
Project Number: 18-1227A
Approval Date: 07/01/2019
4.16
8.45
No structures on site
Structures to be demolished
Demolition
Buildings / structures to be demolished: Undefined at this time
Buildings / structures to be demolished: undefined
Environmental Audits
Noxious weed control
Acres treated for noxious weeds by method:
Chemical 4.00
Chemical 6.00
Relocation
Signs (Acq)
Number of permanent signs that identify site and funding partners: 1
Survey (Acq)
Administrative Costs (Acq)
Administrative costs (Acq)
Worksite #1, Lower Big Quilcene Floodplain
Targeted salmonid ESU/DPS (A.23):
Targeted species (non -ESU species):
Chum Salmon -Hood Canal Summer -run ESU,
Coho Salmon -Puget Sound/Strait of Georgia
ESU, Steelhead-Puget Sound DPS
Cutthroat
RCO: 18-1227 Revision Date: 1/1/2019 Page 5 of 27
Miles of Stream and/or Shoreline Treated or Protected (C.O.b):
Project Identified In a Plan or Watershed Assessment (C.O.c):
Type Of Monitoring (C.O.d.1):
0.28
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
None
RCO: 18-1227 Revision Date: 1/1/2019 Page 6 of 27
TRCO Project Agreement
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Project Sponsor: Jefferson County Public Health Project Number: 18-1227A
Project Title: Lower Big Quilcene Floodplain Acquisitions 2018 Approval Date: 07/01/2019
Project Milestones
PROJECT MILESTONE REPORT
Complete Milestone Target Date Comments/Description
Project Start 07/01/2019
Progress Report Due 09/30/2019
Annual Project Billing Due 10/01/2019
Order Appraisal Review(s) 11/01/2019
Order Appraisal(s)
Purchase Agreement Signed
Progress Report Due
Cultural Resources Complete
Acquisition Closing
Environmental Assess Complete
Recorded Land Survey to RCO
Recorded Acq Documents to RCO
Progress Report Due
Annual Project Billing Due
Demolition Complete
Progress Report Due
Noxious Weed Control Complete
Stewardship Plan to RCO
RCO Final Inspection
Agreement End Date
Final Billing Due
Final Report Due
Funding Acknowl Sign Posted
11/01/2019
02/01/2020
03/30/2020
04/01/2020 Cultural Resources Survey required. See
instruction in letter dated February 2019.
06/01/2020
06/01/2020
06/01/2020
07/01/2020
09/30/2020
10/01/2020
11/01/2020
03/30/2021
05/30/2021
06/01/2021
06/30/2021
06/30/2021
06/30/2021
06/30/2021
06/30/2021
RCO: 18-1227 Revision Date: 1/1/2019 Page 7 of 27
RCO Project Agreement
'�E reatic F r and
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Project Sponsor: Jefferson County Public Health Project Number: 18-1227A
Project Title: Lower Big Quilcene Floodplain Acquisitions 2018 Approval Date: 07/01/2019
Standard Terms and Conditions of the Recreation and
Conservation Office
Table of Contents
STANDARD TERMS AND CONDITIONS EFFECTIVE DATE......................................................................................................9
CITATIONS, HEADINGS AND DEFINITIONS..............................................................................................................................9
PERFORMANCEBY THE SPONSOR........................................................................................................................................11
ASSIGNMENT.............................................................................................................................................................................11
RESPONSIBILITYFOR PROJECT.............................................................................................................................................11
INDEMNIFICATION.....................................................................................................................................................................11
INDEPENDENTCAPACITY OF THE SPONSOR.......................................................................................................................12
CONFLICTOF INTEREST..........................................................................................................................................................12
COMPLIANCEWITH APPLICABLE LAW...................................................................................................................................12
RECORDS...................................................................................................................................................................................13
PROJECTFUNDING...................................................................................................................................................................14
PROJECTREIMBURSEMENTS.................................................................................................................................................14
ADVANCEPAYMENTS...............................................................................................................................................................15
RECOVERYOF PAYMENTS......................................................................................................................................................15
COVENANTAGAINST CONTINGENT FEES.............................................................................................................................15
INCOME(AND FEES) AND USE OF INCOME...........................................................................................................................16
PROCUREMENTREQUIREMENTS...........................................................................................................................................16
TREATMENTOF EQUIPMENT AND ASSETS...........................................................................................................................17
RIGHTOF INSPECTION.............................................................................................................................................................17
STEWARDSHIPAND MONITORING.........................................................................................................................................17
ACKNOWLEDGMENTAND SIGNS............................................................................................................................................17
PROVISIONS APPLYING TO ACQUISITION PROJECTS.........................................................................................................18
LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS.....................................................................................19
CONSTRUCTION, OPERATION, USE, AND MAINTENANCE OF ASSISTED PROJECTS.....................................................19
PROVISIONSFOR FEDERAL SUBAWARDS............................................................................................................................20
PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS.............................................................................21
PROVISIONS FOR PUGET SOUND ACQUISITION AND RESTORATION PROJECTS..........................................................22
ORDEROF PRECEDENCE........................................................................................................................................................25
LIMITATIONOF AUTHORITY.....................................................................................................................................................25
WAIVEROF DEFAULT...............................................................................................................................................................25
APPLICATION REPRESENTATIONS — MISREPRESENTATIONS OR INACCURACY OR BREACH.....................................25
SPECIFICPERFORMANCE.......................................................................................................................................................25
TERMINATIONAND SUSPENSION...........................................................................................................................................26
DISPUTEHEARING....................................................................................................................................................................27
ATTORNEYS' FEES....................................................................................................................................................................27
GOVERNINGLAW/VENUE.........................................................................................................................................................27
SEVERABILITY...........................................................................................................................................................................27
ENDOF AGREEMENT...............................................................................................................................................................27
RCO: 18-1227 Revision Date: 1/1/2019 Page 8 of 27
STANDARD TERMS AND CONDITIONS EFFECTIVE DATE
This agreement reflects Standard Terms and Conditions as of 07/02/2019.
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 "Recreation and Conservation Office Agreement"
accepted by all parties to the present project and transaction, including without limitation the Standard Terms and
Conditions of the Recreation and Conservation Office Agreement, all attachments, addendums, and amendments,
and any intergovernmental agreements or other documents that are incorporated into the Agreement subject to any
limitations on their effect .
applicable manual(s) -- A manual designated in this Agreement to apply as terms of this Agreement, subject to
substitution of the "RCO director" for instances where the term "board" occurs.
applicable WAC(s) -- Designated chapters or provisions of the Washington Administrative Code that are deemed
under this Agreement to apply as terms of the Agreement, subject to substitution of the "RCO director" for instances
where the term "board" occurs.
applicant — Any party that meets the qualifying standards, including deadlines, for submission of an application
soliciting a grant of funds administered by RCO.
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.
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.
director — The chief executive officer of the Recreation and Conservation Office or that person's designee.
effective date — The date when the signatures of all parties to this agreement are present in the agreement.
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 Washington State Recreation and Conservation Funding Board, or the Washington
State Salmon Recovery Funding Board. Or both as may apply.
RCO: 18-1227 Revision Date: 1/1/2019 Page 9 of 27
Funding Entity — the entity that approves the project that is the subject to this Agreement.
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.
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.
Office — Means the Recreation and Conservation Office or RCO.
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.
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
project area - A geographic area that delineates a grant assisted site which is subject to project agreement
requirements.
project cost — The total allowable costs incurred under this Agreement and all required match share and voluntary
committed matching share, including third -party contributions (see also 2 C.F.R. § 200.83 (2013) for federaly funded
projects).
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.
project start date — The specific date identified in the Agreement on which the period of performance starts.
RCO — Recreation and Conservation Office — The state agency that administers the grant that is the subject of this
Agreement. RCO includes the director and staff.
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.
RCW — Revised Code of Washington
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
RCO: 18-1227 Revision Date: 1/1/2019 Page 10 of 27
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 the Project
Funding Section.
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
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
RCO. 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.
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.
RESPONSIBILITY FOR PROJECT
While RCO administers the grant that is the subject of this Agreement, the project itself remains the sole responsibility of the
Sponsor. The RCO and Funding Entity (if different from the RCO) 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.
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.
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
RCO: 18-1227 Revision Date: 1/1/2019 Page 11 of 27
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.
INDEPENDENT CAPACITY OF THE SPONSOR
The Sponsor and its employees or agents performing under this Agreement are not officers, employees or agents of the RCO
or. Funding Entity. The Sponsor will not hold itself out as nor claim to be an officer, employee or agent of the RCO or the
Funding Entity, 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.
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.
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.
COMPLIANCE WITH APPLICABLE LAW
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 RCO or Funding Entity. The Sponsor is responsible for any and
all costs or liability arising from the Sponsor's failure to so comply with applicable law. 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."
RCO: 18-1227 Revision Date: 1/1/2019 Page 12 of 27
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 39.12.40. The Sponsor also agrees to comply with the provisions of the rules and regulations of the
Washington State Department of Labor and Industries .
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.
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."
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 the PROJECT REIMBURSEMENTS Section. 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 RCO 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 (which ever applies). Additionally, the Sponsor
agrees to disclose any information in regards to the expenditure of that funding as if the project sponsor were subject
to the requirements of chapter 42.56 RCW. 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 leqal riqhts as are necessary to permit the State to disclose and copy
RCO: 18-1227 Revision Date: 1/1/2019 Page 13 of 27
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.
PROJECT FUNDING
A. Authority. This Agreement and funding is made available to Sponsor through the RCO.
B. Additional Amounts. The RCO or Funding Entity 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 RCO 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 the RCO director, 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 the FEDERAL FUND
INFORMATION Section 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 RCO or Funding Entity
may have under this Agreement, the grant amounts identified in this Agreement shall be reduced to exclude any such
expenditure from participation.
PROJECT REIMBURSEMENTS
A. Reimbursement Basis. This Agreement is administered on a reimbursement basis per WAC 286-13 and/or 420-12,
which ever has been designated to apply. 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 the PROJECT
FUNDING Section. 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 recent applicable RCO manuals and this Agreement
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;
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
RCO: 18-1227 Revision Date: 1/1/2019 Page 14 of 27
9. RCO has accepted a final boundary map of the project area 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,
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 the
FEDERAL FUND INFORMATION Section 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: Closeout. 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 rust
relationship and 200.329 Reporting on real property (2013).
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.
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).
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
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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.
INCOME (AND FEES) AND USE OF INCOME
A. 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 applicable manuals, RCWs, and WACs.
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 grant funding;
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 and shall be consistent with the:
1. Grant program laws, rules, and applicable manuals;
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).
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.
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.
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B. Requirements for Federal Subawards.
1. For all Federal subawards, non -Federal entities (Sponsors) must follow 2 C.F.R §§ 200.318 General
procurement standards through 200.326 Contract Provisions (2013).
TREATMENT OF EQUIPMENT AND ASSETS
Equipment shall be used and managed only for the purpose of this Agreement , unless otherwise provided herein or in the
applicable manuals, 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. 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.
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 has been executed, it will further stipulate and define the RCO's right to inspect and access
lands acquired or developed with this funding assistance.
STEWARDSHIP AND MONITORING
Sponsor agrees to perform monitoring and stewardship functions as stated in the applicable WACs and manuals, this
Agreement, or as otherwise directed by RCO consistent with the existing laws and applicable manuals. Sponsor further agrees
to utilize, where applicable and financially feasible, any monitoring protocols recommended by the RCO; provided that RCO
does not represent that any monitoring it may recommend will be adequate to reasonably assure project performance or
safety. It is the sole responsibility of the Sponsor to perform such additional monitoring as may be adequate for such purposes.
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 waived by the director; and
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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.
PROVISIONS APPLYING TO ACQUISITION PROJECTS
The following provisions shall be in force:
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 all applicable manuals and RCWs or WACs.
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 (provided or approved by RCO) conveying
certain rights and responsibilities to RCO or the Funding Entity on behalf of the State of Washington or another
agency of the state, or federal agency, or other organization. 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 as described in RCO Manual #3 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. 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 as described in RCO Manual #3 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.
E. Real Property Acquisition and Relocation Assistance. In the event that housing and relocation costs and
procedures are required by local, state, tribal, or federal law, or rule; the Sponsor agrees to provide such housing and
relocation assistance as a condition of the Agreement and receiving grant funds.
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 COMPLIANCE WITH APPLICABLE LAW SECTION, Archeological
and Cultural Resources paragraph.
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."
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2. Responsibility. Nothing in this provision alters the Sponsor's duties and liabilities regarding hazardous
substances as set forth in RCW 70.105D.
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 Entity 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.
LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS
A. Long -Term Obligations. Sponsor shall comply with the terms of this Agreement.
B. Perpetuity. For acquisition, development, and restoration projects, or a combination thereof, unless otherwise
allowed by applicable manual, policy, program rules, or this Agreement, or approved in writing by RCO. RCO requires
that the project area continue to function as intended after the period of performance in perpetuity.
C. 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. 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 RCO 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 the terms of this Agreement, including without limitation all WACs and manuals deemed
applicable and all applicable laws.
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 by this Agreement, any applicable manual or WAC, or any
applicable state or federal law.
When a conversion has been determined to have occurred, the Sponsor is required to remedy the conversion per this
Agreement and the applicable manuals, WACs and laws, and the RCO may pursue such remedies as the above
allows.
CONSTRUCTION, OPERATION, USE, AND MAINTENANCE OF ASSISTED PROJECTS
The following provisions shall be in force for this agreement:
A. Property and facility operation and maintenance. Sponsor must ensure that properties or facilities assisted with
the grant 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, and in compliance with applicable
statutes, rules, and applicable WACs and manuals, facilities must be open and accessible to the general public, and
must`.
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.
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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 RCO director 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.
PROVISIONS FOR FEDERAL SUBAWARDS
The following provisions shall be in force for this agreement:
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)."
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 Il, paragraph C.
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 the Federal Fund Information Section.
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.
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
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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.
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.
PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS
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
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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.
PROVISIONS FOR PUGET SOUND ACQUISITION AND RESTORATION PROJECTS
The following provisions shall be in force for this Agreement, 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 the ACKNOWLEDGEMENT AND SIGNS SECTION, 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.
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
RCO: 18-1227 Revision Date: 1/1/2019 Page 22 of 27
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.
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.
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 1 B 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.
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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.
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. § 31.3690), as applicable, for
additional information.
As of January 1, 2014, the limit is $602.24 per day $75.28 per hour.
RCO: 18-1227 Revision Date: 1/1/2019 Page 24 of 27
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).
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:
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 that are required to be applied by federal
law;
E. State law (constitution, statute);
F. Washington Administrative Code;
G. Applicable RCO manuals.
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.
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.
APPLICATION REPRESENTATIONS — MISREPRESENTATIONS OR INACCURACY OR BREACH
The Funding Entity (if different from RCO) and RCO relies 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.
SPECIFIC PERFORMANCE
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 RCO shall be deemed exclusive. The 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
RCO: 18-1227 Revision Date: 1/1/2019 Page 25 of 27
damages.
TERMINATION AND SUSPENSION
The 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 RCO policies, and with the representations of the Sponsor in its application
for a grant as finally approved by RCO. For federal awards, notification of termination will comply with 2 C.F.R. § 200.340.
A. For Cause.
1. The RCO director may suspend or terminate the obligation to provide funding 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 RCO 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 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 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.
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 director , after any portion of the grant amount has been
paid to the Sponsor under this Agreement, the 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.
RCO: 18-1227 Revision Date: 1/1/2019 Page 26 of 27
DISPUTE HEARING
Except as may otherwise be provided in this Agreement , when a dispute arises between the Sponsor and the RCO, 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 persons chosen by the Sponsor and director shall be
dismissed and an alternate person chosen by the Sponsor, and one by the director shall be appointed and they shall agree on
a third person. This process shall be repeated until a three person panel is established.
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.
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.
GOVERNING LAWIVENUE
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.
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.
END OF AGREEMENT
This is the end of the agreement.
RCO: 18-1227 Revision Date: 1/1/2019 Page 27 of 27
Attachment B: Ecology HCSEG Contract FY17-19 and Amendments
Agreement No. SEAFBD-2017-HoCSEG-00009
SHORELANDS FLOODPLAINS BY DESIGN AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
THE HOOD CANAL SALMON ENHANCEMENT GROUP
This is a binding Agreement entered into by and between the state of Washington, Department of Ecology,
hereinafter referred to as "ECOLOGY," and The Hood Canal Salmon Enhancement Group, hereinafter referred to as
the "RECIPIENT," to carry out with the provided funds activities described herein.
GENERAL INFORMATION
Project Title:
Total Cost:
Total Eligible Cost:
Ecology Share:
Recipient Share:
The Effective Date of this Agreement is:
The Expiration Date of this Agreement is no later than:
Project Type:
Lower Big Quilcene River Design and
Acquisition Project
$2,856,075.00
$2,856,075.00
$2,284,860.00
$571,215.00
07/01/2017
06/30/2019
Floodplains by Design
Project Short Description:
The Hood Canal Salmon Enhancement Group (HCSEG, RECIPIENT), working with Jefferson County
(County), and The Nature Conservancy (TNG) are partnering on an integrated floodplain protection and
restoration project along the lower three miles of the Big Quilcene River; the " Lower One Mile" Reach (RM 0
— RM 1.2) and the Moon Valley Reach (RM 2.2 — RM 3).
This project will provide multiple benefits including flood risk reduction, improved salmon and shellfish
habitat, enhanced water quality, recreational access, educational opportunities, and economic vitality in the local
community.
The Lower Big Quilcene River floodplain is home to the town of Quilcene Washington which includes
residential areas within the flood hazard zone, and is a high priority for restoration to recover ESA -listed salmon
species. Dikes, armoring and roads in the floodplain constrict the river to a narrow channel. Habitat in the river
channel is degraded and channel migration have been limited for many decades. Cultural and economic
important shellfish beds and growing operations must be maintained. Education and recreation are limited by
State of Washington Department of Ecology
Agreement No: SEAFBD-2017-HoCSEG-00009
Project Titlo: Lower Big Quilcene River Design and Acquisition Project
Recipient Name: 'The Hood Canal Salmon Enhancement Group
lack of well-maintained access points and amenities.
The RECIPIENT will build on previous efforts that engaged key stakeholders and tribal trustees in developing
project goals and restoration alternatives, and build support for the proposed next steps including:
1) Acquisition of key floodplain parcels located within the Lower Mile and Moon Valley reaches.
2) Complete the planning process for a final restoration design from the preferred alternative in the Lower Mile
reach; and;
3) Continue the planning process to determine restoration actions for a preferred alternative in the Moon Valley
reach.
(Project implementation of items 2 and 3 (above) will be pursued under separate funding).
Proigo Ung VJVtJ1f
Geographically, the Big Quilcene River flows east from the Olympic Mountains to Hood Canal, entering
Quilcene Bay three miles east of Hwy 101, The Lower Big Quilcene River is home to the residential,
recreational and business areas that comprise the village of Quilcene. Coast Seafood's hatchery, the largest
employer in this economically depressed area, as well as residential neighborhoods and a local marina are
accessed by Linger Longer Road, which crosses the Big Quilcene River approximately one mile from its mouth.
Historically, Native American Tribes resided in the Quilcene area for centuries before European immigrants
began settling there in the late 1800s. Efforts to move, straighten and dike the main channel throughout the
lower river were underway by the 1940s and continued well into the 1980s in order to accommodate and protect
residential and agricultural developments.
Today, the lower Big Quilcene River is lined by levees, bank armoring, roads, bridges and homes and confined
to a single channel with limited floodplain connectivity and severely altered tidal exchange. Prior to installation
of the levees, the floodplain was activated during high flows, with river water moving across the channel
migration zone, creating side- and distributary -channels through a variety of freshwater and brackish wetland
habitats. Intensive human activity in the last century has resulted in channel incision and streambed erosion in
the Moon Valley Reach and increased sediment delivery and deposition in the Lower Mile Reach where the
river gradient flattens. The massive sediment deposition in the Lower Mile Reach has created one long, shallow
riffle thatisperched at a higher elevation than the surrounding floodplain and the homes and roads that have
been built there. Along with this extreme aggradation, flood frequency and intensity have increased, impacting
area residents and others who rely on area roads, including the employees of Coast Seafood's. River
confinement has also out off many historical aquatic habitats, affecting all life stages of the five species of
Pacific salmon found in the Big Quilcene.
Recreational access to the river is limited to a small number of poorly-defined points with no public restroom
facilities or maintained parking areas, leading to human waste and trash disposal problems and a tendency to
stray from footpaths for those who do access the river. Water quality suffers when floods back up into septic
systems and human waste from recreational fishers is carried into waterways. The local school is just a few
hundred yards from the river, yet is unable to utilize this tremendous educational opportunity due to lack of safe
walking routes, access points and facilities that can accommodate groups, Despite their potential as valuable
community assets, the river and bay do not support economic vitality in the town of Quilcene because they are
not apparent or accessible from Highway 101.
Version 10/30/2015
Page 2 or 30
Stale of Washington Department of Ecology
Agreement No: SEAFBD-2017-HoCSEG-00009
Project Title: Lower Big Quilcens River Design trod Acquisition Project
Recipient Name: The Hood Canal Salmon Enhancement Group
This restoration and protection project will address a suite of community needs including flood risk reduction,
ecosystem restoration, shellfish protection, wager quality improvements, recreational access, education, and
economic vitality.
O erall Cx0l•
The Lower Big Quilcene River restoration project is guided by the following vision statement:
This project will create value for those who care about Quilcene and its natural resources by providing benefits
to people and nature through a collaborative, multi -goal effort on the lower Big Quilcene River.
The overall project has six goals that were identified by key stakeholders and tribal trustees in 2013:
1. Reduce flood risk
2. Restore habitat for fish and wildlife, especially Hood Canal Summer Chum salmon
3. Improve public access to the river and estuary
4. Ensure compatibility with shellfish resources
5. Create educational opportunities
6. Benefit the local economy
Version 10/30/2015
Page 3 of 30
State of Washington Department of Ecology
Agreement No: SEAFBD-2017-HoCSEG-00009
Project Title: Lower Big Quilcene River Design and Acquisition Project
Recipient Name: The Hood Carrel Salmon Enhancement Group
RECIPIENT INFORMATION
Organization Name: The Hood Canal Salmon Enhancement Group
Federal Tax ID: 91-1518294
DUNS Number: 364257691
Mailing Address: PO Box 2169
Belfair, Washington 98528
Physical Address: 600 NE Roessel Road
Belfair, Washington 98528
Organization Email: info@hcseg.org
Organization Fax: (360) 275-0648
Contacts
Page 4 of 30
Project Manager
Michelle Myers
Project Manager
PO Box 2169
Belfair, Washington 98528
Email: michelle@pnwsalmoneenter.org
Phone: (360) 275-3575
Billing Contact
Kim Gower
Project Administrator
PO Box 2169
Belfair, Washington 98528
Email: kim@pnwsalmoncenter.org
Phone: (360) 275-3575
Authorized
Mendy A Harlow
Signatory
Executive Director
PO Box 2169
600 NE Roessel Rd
Belfair, Washington 98528
Email: mendy@hcseg.org
Version 10/30/2015
State of Washington Department of Ecology
Agreement No. SEAFBD-2017-HoCSEG-00009
Projeot Title: Lower Big Quilcene River Design and Acquisition Project
Recipient Name: The Hood Canal Salmon Enhancement Group
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
Page 5 of 30
Version 10/30/2015
Adam Sant
Project
Manager
PO Box 47600
Olympia, Washington 98504-7600
Email: adsa461@eoy.wa.gov
Phone: (360) 407-7675
Bev Huether
Financial
Manager
PO Box 47600
Olympia, Washington 98504-7600
Email: bhue461@eoy.wa.gov
Phone: (360) 407-7254
Version 10/30/2015
State of Washington Department of Ecology
Agreement No: SF,AFBD-2017-HoCSE0-00009
Project Title: Lower Big Quilcene River Design and Acquisition Project
Recipient Name: The Hood Canal Salmon Enhancement Group
AUTHORIZING SIGNATURES
Page 6 of 30
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 terns 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 shal I 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
Gordon White
Shorelands
Program Manager
Template Approved to Form by
Attorney deneral's Office
Version 10/30/2015
The Hood Canal Salmon Enhancement Group
By: tills
Date Mendy A Harlow
Executive Director
Date
State of Washington Department of Ecology
Agreement No: SEAPOD-2017-HoCSEG.00004
Project Title: tower Big Quiioene Riva Design and Acquisitions Project
Reoipient Name: The Hood Canal Salmon Enhancement Group
Mendy Harlow
Page 7 of 30
Executive Director Date
Version 10130122015
State of Washington Department of Ecology
Agreement No: SEAM-2017-HoCSEG-00009
Project Title: Laver Big Quileene River Design and Acquisition Project
Recipient Name: The Hood Canal Salmon Enhancement Group
SCOPE OF WORK
Task Number: 1 Task Cost: $73,714.00
Task Title: Project Administration/Management
Page t of 30
bask Descrivtiom
A. The Recipient will administer the project. Responsibilities will include, but not be limited to: maintenance of
project records; submittal of requests for reimbursement and corresponding backup documentation; progress reports
and recipient closeout report (including photos); compliance with applicable procurement, contracting, and inter -local
agreement requirements; application of, receipt of, and compliance with all required permits, licenses, easements, or
property rights necessary for the project; and submittal of required performance items.
B. The Recipient must manage the project. Efforts will include: conducting, coordinating, and scheduling project
activities and assuring quality control. Every effort will be made to maintain effective communication with the
Recipient's designee; the department; all affected local, state, or federal jurisdictions; and any interested individuals or
groups. The recipient must carry out this project in accordance with any completion dates outlined in this agreement.
Budget deviations are allowed between budget objects, e.g., the RECIPIENT may spend less money on one task and
more on another, but under no circumstances may the RECIPIENT exceed the total project cost. The approval of the
ECOLOGY Project Manager is required for this deviation.
Task Goal Stat tirnt
Properly managed project that meets agreement and Ecology administrative requirements.
DuhErin ed Outcome
* Timely and complete submittal of requests for reimbursement, quarterly progress reports and recipient closeout
report.
* Properly maintained project documentation
Recipient Task Coordinator, Michelle Myers
Project Administration/Management
Deliverables
Number
Description
Due Date
1.1
Progress Reports
1.2
Recipient Closeout Report
1.3
Project Outcome Summary Report
06/30/2019
Version 10130/2015
State of Washington Depertrnent of Etiology
Agreement No: SEAFBD-2017-HoCSEO-00009
Project Title: Lower Big Quilcene River Design and Acquisition Project
Recipient Name: The Hood Canal Union Enhancement Group
SCOPE OF WORK
Task Number: 2 Task Cost: $65,335.00
Task Title: Project Support and Outreach
Task Description:
To garner project support, RECIPIENT will reach out to project and community interest groups such as tribal,
shellfish, educational, recreational, restoration, landowners, tourism groups, and community planners during this
design phase to ensure all stakeholders are engaged. RECIPIENT will continued to build on project partnering with
The Nature Conservancy and Jefferson County for the Lower Quikxne River restoration. Outreach will include:
1) Continue to update names and addresses of all interested parties, including key stakeholders, landowners and tribal
trustees for project outreach
2) Develop and provide project updates through various mailings and media sources including a short project video
and webpage on the HCSEG website.
3) Provide at least three in-person project update meetings with key stakeholder members and tribal trustees.
4) Continue to engage all landowners within the project area of project updates and encourage feedback.
5) Provide group site visits for interested parties, county commissioners, current funders and interested funding
participants.
6) Coordinate overall project outreach and engagement with project partners.
Task Goal Statement:
Ensure that a comprehensive outreach program is established and used throughout the project so all interested
stakeholders and community groups and landowners are kept apprised of project developments.
Task Expected Outcome•.
A community of stakeholders and community groups and landowners that is well informed to guide the project through
project evolution.
&Si& t Task Coordinator: Michelle Myers
Project Support and Outreach
Deliverables
Page 9 of 30
Number
Description
Due Date
2.1
Meeting minutes of three stakeholders and community groups gatherings
22
Copies of project mailers and media resource materials for outreach
purposes
Version 10/30M IS
State of Washington Department of Ecology
Agreement No: SHAFBD-2017-HoCSBG-00009
Project Title: Lower BIg Qwleene River Design and Acquisition Project
Recipient Name: The Hood Canal Salmon Enhancement Group
SCOPE OF WORK
Task Number: 3 Task Coat: $1,1 10,040.00
Task Title: Property Acquisition
Task i)cscr :ion:
The RECIPIENT will acquire key parcels of land located in the Moon Valley Reach and "Lower One Mile" Reach of
the Big Quilcene River floodplain that will reduce flood risk to local residences and businesses.
Property acquisitions Involve up to six properties: two properties in the Moon Valley Reach (see map in EAGL Update
screen for Exhibit 1) and up to four properties 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
complete 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*
b. Appraisal including:
• Name/Address of seller
• General Vicinity Map
• Site Specifle Map
• Legal Description
• Title Report
c. Offer letter of just compensation
d. Settlement Statement or equivalent
e. Hazardous Substances Certification*, and Property Assessment Checklist*, both signed by the County's Public
Works 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 insufficient 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*: All properties acquired shall be protected as open space in perpetuity for floodplain
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.
version 10/30/2015
Page 10 of 30
State of Washington Department of Ecology
Agreement No: SEAFBD-2017-HoCSEG-00009
Project Title: Lower Big Quileene River Design and Acquisition Project
Recipient Name: The Hood Canal Salmon Enhancement Group
(The Acquisition Report will include the pre-recorded Conservation Covenant and deed. The recorded Conservation
Covenant and deed will be submitted to Ecology after recording with County.)
It. Escrow Process: (if applicable): If RECIPIENT requires resources to acquire property in advance of closing,
RECIPIENT can request (an exception to Ecology's reimbursement policy) by going through the escrow process. This
process allows Ecology to pay RECIPIENT's grant funds in advance for the property acquisition through the title
company.
RECIPIENT, working through an established title company, will provide ECOLOGY with supporting documents
including:
I) (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 C.tpal Statement::
Acquire specific property from willing landowners in lower Big Quilcene River 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;
Re
ipiient Task Coordinator Michelle Myers
Property Acquisition
Deliverables
Page I 1 of 30
Number
Description
Due Date
3.1
Acquisition Report submitted complete prior to each property to be
urohased.
Version 10/30/2015
State of Washington Department of Ecology
Agreement No: SEAFBD-2017-HoCSEG-00009
Project Title: !.ower Big Quitcene River Design and Acquisition Project
Recipient Name: The Hood Canal Salmon Enhancement Group
SCOPE OF WORK
Task Number: 4 Task Cost: $224,750.00
Task Title: Associated Site Restoration of Acquired Property
Task Description:
If applicable, RECIPIENT will relocate tenants in accordance with the Federal Uniform Relocation Act (URA)
requirements.
Once properties are vacated, RECIPIENT will conduct environmental audits, terminate electrical utilities, demolish
man-made structures including buildings; decommission and remove wells and septic systems, remove all domestic
debris in an environmentally acceptable manner, and conduct the initial replanting of disturbed area and invasive plant
removal. Disturbed areas will be hydro seeded or equivalent to prevent erosion. (Further site restoration will be
planned under Task 5 below.)
ask Goal 5 tanned
Associated Site Restoration of Acquisition Properties
QuLoMe.
A floodplain clear of anthropogenic impacts for restoration of habitat and floodplain functions.
as QVAinaton Michelle Myers
Associated Site Restoration of Acquired Property
Deliverables
Page 12 of 30
Number
Description
Due Date
4.1
Summary report and annotated photos of acquisition sites restored toward
natural conditions
Version 10/3012015
State of Washington Depadmard of Ecology
Agreement No: SEAFBD-2017-HoCSEG-00009
Project Title: Lower Big Quilcene River Design and Aoquisitian Project
Recipient Name. The Hood Canal Salmon Enhancement Oroup
SCOPE OF WORK
Task Number:
Task Cost: $1,336,975.00
Task Title: Planning/Design for Big Quil Fldpin Restoration
Tank Description
The RECIPIENT will develop and implement cost effective and community -supported restoration and protection
designs that will substantially improve floodplain and channel migration zone functions while benefitting the local
community, salmon and other wildlife in the lower three miles of the Big Quilcone River. Project actions will address
current river constraints by removing or realigning roads and bridges to better accommodate flood flows and sediment
deposits in the "Lower One Mile" Reach. Dikes and bank hardening structures will be removed and the channel
re -natured in the Moon Valley Reach to restore floodplain connectivity, reduce flow velocity and relieve channel
incision and downstream sedimentation.
By working closely with shellfish interests during this design phase, the RECIPIENT will ensure that water quality and
sediment dynamics are addressed to protect and enhance productive shellfish growing conditions in Quilcene Bay.
Acquisition of additional key parcels located in the Lower Mile and Moon Valley Reaches will reduce flood risk to
local residences and businesses. Restoration will provide increased spawning habitat for ESA -listed Hood Canal
summer chum and other salmonids, rearing habitat for juvenile salmonids, and Improve compatible recreational access
to the river and estuary. Healthy riparian zones will be restored including a riparian buffer of over 300 feet in the
"Lower One Mile" Reach and nearly 100 acres in the Moon Valley Reach, important for water quality, flood
attenuation and resilience to climate change.
The RECIPIENT, working through a collaborative planning effort with project stakeholders, land owners, engineering
and consultant services, land managers, federal, state, and local regulatory and compliance agencies, will prepare
floodplain restoration plans for the Moon Valley and 'Lower One Mile" Reaches within the lower Big Quilcene River.
Design plans will include actions to remove or set back flood reduction elements such as levees and remove other
human elements that have impeded a natural riverine environment; enhance floodplain connectivity, provide
recreational and educational opportunities.
As applicable, designs elements will include but are not limited to the following:
a. Data compilation including:
1) Aerial photographs, geologic floodplain / flood inundation maps, channel profile surveys; hydraulic, sediment,
and climate change, models;
2) Geomorphic analyses / results; channel migration zone delineations / results, field trip. reports, channel / wetland
/soils maps;
3) Forest stand vegetation data /maps, habitat assessments / surveys / maps, essential fish and wildlife surveys
/habitat maps, critical fish and wildlife habitat surveys /habitat maps, ESA: species distribution maps, species nesting
sites, fish distribution data/maps
b. Preliminary Restoration Designs;
version 10/30/2015
Pogo 13 of 30
State of Washington Department of Ecology
Agreement No: SEAFBD-2017-HoCSEG-00004
Project Title: Lower Big Quilcene River Design and Acquisition Project
Recipient Name: The Hood Canal Salmon Enhancement Group
c. Preferred Alternative (Moon Valley Reach);
d. Engineered final design ("Lower One Mile" Reach);
e. Detailed cost estimate;
f. Environmental compliance including a list of permit applications and possible impacts to project goals / objectives;
g. Acquisition: Up to 25 additional acres contingent on geographic extent of final design and willingness of sellers;
h. Demolish existing structures; decommission wells and septic systems; terminate electrical services as needed;
fencing, etc.
1. Vacation of roads as feasible.
J. Providing facilities and management for non -motorized public access including trails, interpretive stations, viewing
platforms, restroom(s), associated refuse collection points and pervious parking;
k. Planting Plan for restoration activities for forests, riparian, and wetland areas for the "Lower One Mile" Reach;
preliminary planting plan for the Moon Valley Reach;
1. Restore and maintain habitat for salmon and other wildlife;
m. Five-year vegetation monitoring plan with indigenous species.
Task Goal Statement:
Develop restoration designs that balance floodplain and estuary habitat, flood risk reduction, improved educational,
recreational and public access needs.
Task13xpected Outcome:
1) "Lower One Mile" Reach: A viable plan for implementation;
2) Moon Valley Reach: Determination of a preferred alternative plan.
Version I GM2015
Page 14 of 30
State of Washington Department of Ecology
Agreement No; SEAFBD-2017-HOCSEG-00009
Project Title: Lower Big Quilcena River Design and Acquisition Project
Recipient Name: The Hood Canal Salmon Enhancement Group
g, pient Task Coordlnatoc Michelle Myers
PlanninglDesign for Big Quil Fldpin Restoration
Deliverables
Page 15 of 30
Number
Description
Due Date
5.1
Summary report of compiled data for respective river reaches.
5.2
Finalized engineered design for "Lower One Mile" Reach
5.3
Preferred alternative design for Moon Valley Reach
5.4
List of project permits; copy of applications submitted; and possible
project im acts
5.5
Complete Acquisition Report(s) (see Task 3) for each property purchases
5.6
Annotated photographic documentation of properties before and after
demolition activities, and of vacated roads, bridges, and other
infrastructure
5.7
Annotated photographic documentation of pre -restoration site activities
5.8
Planting Plan for "Lower One Mile" Reach; Preliminary Planting Plan
for Moon Valley Reach.
Version 10/30/2015
State of Washington Department of Ecology
Agretamm t No: SEAEDD-2017-HoCSEG-00009
Project Title: Lower nig Quilcem River Design and Acquisition Project
Recipient Name: The Hood Canal Salmon Enhancement Group
SCOPE OF WORK
Task Number:
Task Cost: $40,261.00
Task Title: Shellfish/Salmonid Mitigation/Eco Enhancement
Task 1<7e50rlDtion•
RECIPIENT, through engagement with consultant services,'tribal trustees, and local stakeholders as established in
Task 2, will plan for mitigating future impacts of construction activities on shellfish, salmonids, and the community's
economy. These will be addressed through the development of mitigation and monitoring plans and an economic
enhancement plan.
A. Baseline Shellfish / Salmonid Inventory: To analyze impacts of future project activities on shellfish and
salmonids, the RECIPIENT will conduct pre -construction monitoring. During the design phase and with this analysis,
the RECIPIENT will plan for best management practices to ensure water quality and sediment dynamics are addressed
to protect and enhance predominant shellfish and salmonid populations and productive growing conditions in Quilcene
Bay.
B. Economic Enhancement Plan: The RECIPIENT will develop economic goals for the community of Quilcene as it
relates to the Lower Big Quilcene River restoration project. Enhancement of appropriate tourism opportunities will be
explored through local support in keeping with community character, scale and natural resource assets. The
RECIPIENT will consider combining public access and educational opportunities such as providing facilities for
non -motorized public access including trails, interpretive stations, viewing platforms, restroom facilities, associated
refuse collection points and pervious parking. During future construction work, consider planning for the use of
temporary signage addressing the benefits of site specific construction / restoration work being conducted to draw
public interest to the project.
'bask Qgal Statement;
Provide a plan to mitigate shellfish and salmonid growing and habitat conditions during future constructions activities;
and create opportunities to enhance local economic conditions impacted during and after extensive construction /
restoration work.
Task EXVgQkd Outcome -
To the extent possible, stabilize natural resource conditions for shellfish / salmonid protection and initiate economic
revitalization opportunities during the future construction process.
Version 10/30/2015
Page Ib of 30
State of Washington Department of Ecology
Agreemeat No: SEAFBD-2017-HoCSEG-00009
Project Title. Lower Big Quileene River Design and Acquisition Project
Recipient Name: Tho Hood Canal Salmon Enhancement Group
eci i nt'
Lask, Coordinator: Michelle Myers
Shellfish/Salmonid Mitigation/Eco Enhancement
Deliverables
Pogo IT of 30
Number
Description
Due Date
6.1
Baseline shellfish and salmonid inventories;
6.2
Shellfish and salmonid mitigation plans for pre, during and
post -construction
6.3
Report on economic enhancements during and after future restoration
construction activities.
6.4
Draft content (text and illustrations) for interpretive signage for
permanent public access trails and temporary construction / restoration
sin e.
Version 10/30/2015
State of Washington Department of Ecology
Agreement No: SEAFBD-2017-HoCSEG-00009
Project Title: Lower Big Quilcene River Design and Acquisition Project
Recipient Name: The Hood Carrel Salmon Enhancement Group
BUDGET
Funding Distribution EG190014
NOTE: The above funding distribution mmtber is used to [dent fy this spec{% agreement and budget on payment
remittances and may be referenced on other communications front ECOLOGY. Your agreement may have multiple
funding distribution numbers to idents each budget.
Funding Title:
Funding Effective Date:
Funding Source:
Title:
Type:
Funding Source %:
Description:
Floodplain by Design
01/19/2018
State Building Construction Account
State
100%
Floodplain By Design
Funding Type: Grant
Funding Expiration Date: 06/30/2019
Approved Indirect Costs Rate: Approved State Indirect Rate: 300/0
Recipient Match %: 20%
InKind Interlocal Allowed: yes
InKind Other Allowed: yes
Is this Funding Distribution used to match a federal grant? No
Floodplains by Design
Task Total
Project Administration/Management
73,714.00
Project Support and Outreach
$ 65,335.00
Property Acquisition
$ 1,110,040.00
Associated Site Restoration of Acquired Property
$ 229,750.00
Planning/Design for Big Quit Fldpin
Restoration
1,336,975.00
Shellfish/Salmonid Mitigation/Eco Enhancement
40,261.00
Total: $ 2,956,075.00
Version 10/30/2015
Page 19 of 30
State of Washington Department of Ecology
Agreement No; SEAFBD-2017-HoCSEG-00009
Project Title, Lower Big Quilcene River Design and Acquisition Project
Recipient Name: The Hood Canal Salmon Enhancement Group
Funding Distri .
Recipient / Ecology Share
Pogo 19 of 30
Funding Distribution Name
Recipient Match %
Recipient Share
Ecology Share
Total
Floodplains by Design
20.00 %
$ 571,215.00
$ 2,284,860.00
$ 2,856,075.00
Total
$ 571,215.00
$ 2,284,860.00
S 2,856,075.00
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
Floodplains by Design —Special Terms and Conditions
1. Local Decision: This grant is made in response to a request for financial assistance from the Recipient to undertake
flood damage prevention projects. The choice of floodplain management activities addressed by this grant is a local
decision made solely by the Recipient. The Recipient is not acting as an agent of the State.
2. Lawsuits: The Department shall not be responsible for any non -contractual damage or inverse condemnation claims
resulting from the structures or works constructed, repaired; restored, maintained, or improved pursuant to this grant.
3. Indemnification, Hold Harmless and Duty to Defend
a. The Department shalt 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.
b. This paragraph applies to negligence based claim's only. All other claims are governed by paragraph 4 of this
section. To the extent the constitution and laws of the State of Washington permit, Recipient shall indemnify, defend
and hold harmless the State, its agencies, officers and employees, from all claims, suits or actions brought for any or
all injuries to persons or property arising from, or as a consequence of, negligent acts or omissions related to the
construction, restoration, repair, maintenance, improvement or operation of the structures or works for which this
grant is provided. If the structures or works for which this grant is received are a portion of an integrated flood
protection system, Recipient agrees to indemnify, defend and hold harmless the State of Washington, its agencies,
employees, and officers against any and all liability arising out of the operation, maintenance, or repair of that
integrated flood protection system; PROVIDED, however, that this provision is not intended to and shall not be
construed as a waiver by Recipient of any immunities conferred upon the Recipient by RCW 86.12.037 nor is it
intended to, and it shall not be construed to, confer any rights upon third parties.
C. The Recipient will not be required to indemnify, defend, or save harmless the State, its agencies, officers or
employees as provided in the preceding paragraph of this section if the claim, suit, or action for injuries, death, or
damages is caused by the sole negligence of the State. Where such claims, suits, or actions result from the concurrent
negligence of (a) the State, or the State's agents or employees and (b) the Recipient or the Recipient's agents or
employees, the indemnity provisions provided in the preceding paragraphs of this section shall be valid and
version 10/30/2015
State of Washington Department of Ecology
Agreement No. SEAFBD-2017-HOCSE-&00009
Project Title: Lower Big Quilcene River Design and Acquisition Project
Recipient Name: The Hood Canal Salmon Enhancement Group
enforceable only to the extent of the Recipient's negligence or the negligence of its agents and employees.
d. To the extent that the constitution and laws of the State of Washington permit, Recipient shall indemnify and hold
harmless the State of Washington, its agencies, employees, and officers against any and all liability arising out of the
continued operation, maintenance, or repair of the structures or works constructed, restored, repaired, maintained or
improved as a result of this grant. If the structures or works for which this grant is received are portions of an
Integrated flood protection system, Recipient agrees to indemnify, defend and hold harmless the State of Washington,
its agencies, employees, and officers against any and all liability arising out of the operation, maintenance, or repair of
that integrated flood protection system; PROVIDED, however, that the indemnity provisions of this paragraph are not
intended to and shall not be construed as a waiver by Recipient of any immunities conferred upon the Recipient by
RCW 86.12.037 nor are they intended to, and they shall not be construed to, confer any rights upon third parties. This
agreement applies to all non -negligent, non -contractually based claims Including, but not limited to, inverse
condemnation, contribution, indemnification, trespass and/or nuisance.
4. Deliverable Due Dates: Task deliverable due dates will be managed by and through the Deliverable Due Date Form
(Form) provided by ECOLOGY prior to finalized agreement upload into EAGL.
If needed, RECIPIENT will negotiate any revisions to deliverable due dates with ECOLOGY's Project Manager. If
changes are approved, RECIPIENT will resubmit the Form with the revised due dates to ECOLOGY's Project Manage
who will upload the revised Form into EAGL.
FLOODPLAINS BY DESIGN FUNDING PROGRAM TERMS AND CONDITIONS LAST UPDATED 03/13/2018
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.
PW 20 of 30
A. CERTIFICALION HEGARDING SUSPENSION,T INELIGIBILITY OR YOLUNTAR
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
Version 10/30/2015
State of Washington Department of Ecology Page 21 of 30
Agreement No: SEAFBD-2017-HoCSEG-00009
Project Title: Lower Big Quilcene River Design and Acquisition Project
Recipient Name: The flood Canal Salmon Enhancement Group
covered transactions.
6. Pursuant to 2CFR180.330, the RECIPIENTICONTRACTOR is responsible for ensuring that any lower tier
covered transaction complies with certification of suspension and debarment requirements.
7. RECIPIENTICONTRACTOR acknowledges that failing to disclose the information required in the Code of
Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal
remedies, including suspension and debarment.
8. RECIPIENTICONTRACTOR 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:Hwww<s m.&ov> and print a copy of completed searches to document proof of compliance.
I3. FEDERAL FUNDINQ ACCOUNTABILITY AND TRANSPARENCY ACT E ORTING
REOUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it
with the signed agreement to ECOLOGY.
Any CONTRACTORIRECIPIENT 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 wNv .tsLs. v <t ;/ "w w ' within 30 days of agreement signature. The FFATA
information will be available to the public at www.usas ending civ -. -/,www usa etidin or LL-- .
For more details on FFATA requirements, see wytv.fsrs"gov <jgJV '1Wyw.tks. .
Version 10/30/2015
State of Washington Department of Ecology
Agreement No: SEAFBD-20[7-HoCSEG-00009
Project Tithe: Lower Big Quileene River Design and Acquisition Project
Recipient Name: The Hood Canal Salmon Enhancement Group
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=018 VERSION
1. ADMINISTRATIVE REQUIREMENTS
a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans — EAGL
Edition." (https://fortms.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.
Page 22 of 30
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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State of Washington Department of Ecology Pages 23 of 30
Agreement No: SEAFBD-2017-HoCSEG-00009
Project Title: Lower Big Quilcene River Design and Acquisition Project
Recipient Name: The Hood Canal Salmon Enhancement Group
• 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 arty interested individuals or groups.
6. COMPENSATION
a) Any work performed prior to effective date of this Agreement will beat 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, httpJ/www.des.wa.gov/services/ContractingPurchasingA3usiness/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 polioies 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.
Version 10/30/2015
State of Washington Department of Ecology
Agreement No: SHAFBD-2017-HoCSEG-00009
Project Title: Lover Big Quilcene River Design and Acquisition Project
Recipient Name: The Hood Canal Salmon Enhancement Group
ECOLOGY shall have the right 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
Version 10130/2015
Page 24 of 30
State of Washington Department of Ecology
Agreement No: SEAFBD-2017-HoCSEG-00009
Project Title: Lover Big Quilcene River Design and Acquisition Project
Recipient Name: The Hood Canal Salmon Enhancement Group
Page 25 of 30
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:
httpsJ/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 wil l 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'i 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
Version 10/30/2015
Stale of Washington Department of Ecology
Agreement No: SEAFBD-2017-HoCSEG-00009
Project Title: Lower Big Quilcene River Design and Acquisition Project
Recipient Name: The Hood Canal Salmon Enhancement Group
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 I through March 31, April 1 through June 30, July I
through September 30, and October I 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 some but ECOLOGY retains a royalty free,
nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to
Version 10130t2015
Page 26 of 30
State of Washington Department of Ecology
Agreement No: SEAFBD-2017-HoCSEG-00004
Project Title: LAwar Big Quilcene River Design and AcgUbitian Project
Recipient Name: Tbc Hood Canal Salmon Enhancement Group
Page 27 of 30
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 RECIPIENTa possession, then ECOLOGY shall
be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property.
t) 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
Version 101=015
State of Washington Department of Ecology
Agreement No: SEAFBD-2017-HoCSEG-00009
Project 75tle: [.oyer Big Quilcene River Design and Acquisition Project
Recipient Name: IU Hood Canal Salmon Enhancement (croup
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
Page 28 of 30
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 43.21 C 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://ccology.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
Version lotM015
State of Washington Department of Ecology
Agreement No: SBAFBD-2017-HoCSEG-00009
Project Title: Lower Big Quilcene River Design and Acquisition Project
Recipion(Name: The Hood Canal Salmon Enhancement Group
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 seltisfactory 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
Version 10/30/2015
Page 29 of 30
State of Washington Department of Ecology
Agreement No: SEAFBD-2017-HoCSEG-00009
Project Tide: Lower Big Quilocne River Design and Acquisition Project
Recipient Name: The Hood Canal Salmon Enhancement Group
Page 30 of 30
completed on such documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all fiords 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.
Version 10/30/2015
3
ECr,10 L 0 G'$'i'
AMENDMENT NO. 1
TO AGREEMENT NO. SEAFBD 2017-HoCSEG-00009
BETWEEN
THE STATE OF WASH [NGTON DEPARTMENT OF ECOLOGY
AND
Hood Canal Salmon Enhancement Group
PLT "SE: To amend the above -referenced agreement (AGREEMENT) between the state of Washington Department
of Ecology (ECOLOGY) and Hood Canal Salmon Enhancement Group (RECIPIENT) for the Lower Big Quilcene �
River Design and Acquisition Project (PROJECT).
Amendment 1: To change the start date (from 7/1/2017) TO 1/14/18, the actual date the Governor signers the State
Capital Budget to fund this project.
IT IS M MALLY AGREED that the AGREEMENT is amended as follows:
Effective Date:
Original: 07/01/2017 Amended: 01/19/2018
CHANGES TO THE BUDGET
Funding Distribution EG190014
Funding Title: Floodplain by Design
Funding Type:
Funding Effective Date:
Funding Source:
Title:
Type:
Funding Source %:
Description:
Grant
01/19/2018
State Building Construction Account
State
104°/a
Floodplains By Design
Approved Indirect Costs Rate:
Approved State Indirect: 30%
Recipient Match %:
20%
InKind interlocal Allowed:
Yes
InKind Other Allowed:
Yes
Is this Funding Distribution used to
thatch a federal grant? Na
Funding Expiration Date: € 6/30/2019
Ftoodplains by Design
Task Total
Project Support and Outreach
$ 65,335.00
version 1050n015
State of Washington Department of Ecology
Hood Canal Salmon Enhancement Group
Lower Big Qnilcene River Design and Acquisition Project Project
Agreement No. SEAFED-2017-HoCSEG-00009
Amendment No. I
AUTHORIZING SIGNATURES
Page 3 of 3
All other terms and conditions of the original Agreement including any Amendments remain in full force and effect,
except as expressly provided by this Amendment.
The signatories to this Amendment represent that they have the authority to execute this Amendment and bind their
respective organizations to this Amendment.
This amendment will be effective 01/19/2018.
IN WITNESS WHEREOF: the parties hereto, having read this Amendment 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
Gordon White Date
Shorelands
Program Manager
Template Approved to Form by
Attomey General's Office
Version 10/30/2015
Hood Canal Salmon Enhancement Group
B y: f��v �k
Mendy A Harlow Datc
Executive Director
Date
DEPAR f MENT OF
_,a-,_ ECOLOGY
State of Washington
AMENDMENT NO.2
TO AGREEMENT NO. SEAFBD-2017-HoCSEG-00009
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
Hood Canal Salmon Enhancement Group
PURPOSE: To amend the above -referenced agreement (AGREEMENT) between the state of Washington Department of
Ecology (ECOLOGY) and Hood Canal Salmon Enhancement Group (RECIPIENT) for the Lower Big Quilcene River Design
and Acquisition Project (PROJECT).
-i MN
The purpose ofA nendment2 is to extend the end date from 6/30/2019 to 6/30po-
1T IS MUTUALLY AGREED that the AGREEMENT is amended as follows:
Expiration Date:
Original: 06/30/2019 Amended: 06/30/2021
CHANGES TO THE BUDGET
Funding Distribution EG190014
Funding Title: Floodplains by Design
Funding `Type: Grant
Funding Effective Date: 01/19/2018
Funding Source:
Title: State Building Construction Account
Type: State
Funding Source %: 100%
Description: Floodplains By Design
Approved Indirect Costs Rate: Approved State Indirect: 30%
Recipient Match %: 20%
1nKind Interlocal Allowed: Yes
InKind Other Allowed: Yes
Is this Funding Distribution used to match a federal grant? No
Version 10/30/2015
Funding Expiration Date: 06/30/2021
State of Washington Department of Ecology
Hood Canal Salmon Enhancement Group
Lower Big Quilcene River Design and Acquisition Project Project
Agreement No. SEAFBD-2017-HoCSEG-00009
Floodplains by Design
Task Total
Project Support and Outreach
$
65,335.00
Property Acquisition
$
1,110,040.00
Associated Site Restoration of Acquired Property
$
229,750.00
Planning/Design for Big Quil&tibsp; Fldpin
Restoration
$
1,336,975.00
Shellfish/Salmonid Mitigation/Eco Enhancement
$
40,261.00
Project Administration/Management
$
73,714.00
Total; $ 2,856,075.00
Version 10/30/2015
Page 2 of 4
State of Washington Department of Ecology
Hood Canal Salmon Enhancement Group
Lower Big Quilcede River Design and Acquisition Project Project
Agreement No. SEAFBD-2017-HoCSEG-00009
Fundine Distribution Summary
Recipient / Ecology Share
Page 3 of 4
Funding Distribution Name
Recipient Match %
Recipient Share
Ecology Share
Total
Floodplains by Design
20 %
$ 571,215.00
$ 2,284,860.00
$ 2,856,075.00
Total
$ 571,215.00
$ 2,284,860.00
$ 2,856,075.00
Version 10/30/2015
State of Washington Department of Ecology
Hood Canal Salmon Enhancement Group
Lower Big Quilcene River Design and Acquisition Project Project
Agreement No SEAFBD-2017-HoCSFG-00009
AUTHORIZING SIGNATURES
Page 4 of 4
All other terms and conditions of the original Agreement including any Amendments remain in full force and effect, except as
expressly provided by this Amendment.
The signatories to this Amendment represent that they have the authority to execute this Amendment and bind their respective
organizations to this Amendment.
This amendment will be effective 06/30/2019.
IN WITNESS WHEREOF: the parties hereto, having read this Amendment 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
By: A� 4--k&. C/Z e�/ �;
Gordon White
Shorelands
Program Manager
Template Approved to Form by
Attorney General's Office
Version 10/30/2015
Hood Canal Salmon Enhancement Group
Date Mendy A Harlow
Executive Director
Date
Date
c
sDEPARTMENT OF
E C F
.,. i L
00" G Y
State of Washington
AMENDMENT NO.3
TO AGREEMENT NO. SEAFBD-2017-HoCSEG-00009
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
Hood Canal Salmon Enhancement Group
PURPOSE: To amend the above -referenced agreement (AGREEMENT) between the state of Washington Department of
Ecology (ECOLOGY) and Hood Canal Salmon Enhancement Group (RECIPIENT) for the Lower Big Quilcene River Design
and Acquisition Project (PROJECT).
7/9/2019
Amendment 3: Administrative change to revise ECY/FbD funding codes.
IT IS MUTUALLY AGREED that the AGREEMENT is amended as follows:
CHANGES TO THE BUDGET
Funding Distribution EG190014
Funding Title: Floodplain by Design
Funding Type:
Funding Effective Date:
Funding Source:
Title:
Type:
Funding Source %:
Description:
Grant
01/19/2018
State Building Construction Account
State
100%
Floodplain By Design
Approved Indirect Costs Rate: Approved State Indirect: 30%
Recipient Match %: 2011/o
InKind Interlocal Allowed: Yes
InKind Other Allowed: Yes
Is this Funding Distribution used to match a federal grant? No
Funding Expiration Date: 06/30/2021
Floodplains by Design
Task Total
Project Support and Outreach
$ 65,335.00
Version 10/3012015
/�rLl",
i3tate of Washington Department of Ecology
Hood Canal Salmon Enhancement Group
Lower Big Quilcene River Design and Acquisition Project Project
Agreement No. SEAFBD-2017-HoCSEG-00009
Property Acquisition
$
1,110,040.00
Associated Site Restoration of Acquired Property
$
229,750.00
Planning/Design for Big Quil Fldpin
Restoration
$
1,336,975.00
Shellfish/Salmonid Mitigation/Eco Enhancement
$
40,261.00
Project Administration/Management
$
73,714.00
Version 3 013012 0 1 5
/ 11"1\
Total: $ 2,856,075.00 ✓
Page 2 of 3
State of Wa3'hington Department of Ecology
Hood Canal Salmon Enhancement Group
Lower Big Quilcene River Design and Acquisition Project Project
Agreement No. SEAFBD-2017-HOCSEG-00009
AUTHORIZING SIGNATURES
Page 3 of 3
All other terms and conditions of the original Agreement including any Amendments remain in full force and effect, except as
expressly provided by this Amendment.
The signatories to this Amendment represent that they have the authority to execute this Amendment and bind their respective
organizations to this Amendment.
This amendment will be effective 01/19/2018.
IN WITNESS WHEREOF: the parties hereto, having read this Amendment 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
By:
Gordon White
Shorelands
Program Manager
Template Approved to Form by
Attorney General's Office
Version 10/30!2015
Hood Canal Salmon Enhancement Group
By:
Date Mendy A Harlow Date
Executive Director
Date
Attachment C: Acquisition Report
Acquisition Report
For each property purchased, The RECIPIENT will prepare an Acquisition Report, The Acquisition Report
will be c ca►npL e 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*
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. Deed
f. Hazardous Substances Certification*, and Property Assessment Checklist*, both signed by
Recipient;
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 anthropogenic impacts such as structures,
wells, septic systems, fencing, etc.
g. Conservation Covenant*: All properties acquired shall be protected as open space in
perpetuity for floodplain functions (including setback levees and related structures if
applicable), a natural riverine environment, and as applicable: passive, non -motorized
recreational uses, trails, wildlife observation areas, picnic areas, other public facilities
consistent with the purposes of this covenant.
(The Acquisition Report will include the pre-recorded Conservation Covenant and deed.
The recorded Conservation Covenant and deed will be submitted to Ecology after
recording with County.)
IF Recipient intends to transfer ownership of property acquired under this agreement to a
third party, Recipient will incorporate the grant agreement by reference / number when
the easement or covenant is recorded in the property chain of title and will be a matter of
permanent record. Language will be included in the easement or covenant that Sub -
recipient acknowledges responsibility to comply with the terms and conditions of the
original grant agreement, number SEAFBD-2017- ; lays out
the responsibilities of the parties, permitted and prohibited uses, and permanently protects
the property as open space in perpetuity as well as protection from development or
misuse in the future. Recipient will provide Ecology with a copy of that specific
instrument of property transfer.
h. Escrow Process: (if applicable): If RECIPIENT requires resources to acquire property in
advance of closing, RECIPIENT can request (an exception to Ecology's reimbursement policy)
by going through the escrow process. This process allows Ecology to pay RECIPIENT's grant
funds in advance for the property acquisition through the title company.
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).
I. Relocation Services: (IF applicable) The RECIPIENT will conduct relocation services for
tenants on acquired property if they meet resident requirements. Relocation services will
be in accordance with the Federal Uniform Relocation Act.
*See :t..t�`tfi�,"S'1;1.,' �,°;.ir.l,t:t7,'4 :?I, f ., s �.,.. 1_'iC=1,r,, %li Cr'f�lc'c .. aI rillLrCs
Attachment D: Pre -Closing Report
Pre -Closing Acquisition Report
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:
Attachment E: Post Closing Report
Post -Closing Acquisition Report
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 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:
Draft Stewardship Plan:
Public Hea
TO:
FROM:
DATE:
615 Sheridan Street
Port Townsend, WA 98368
www.JeffersonCountyPublicHealth.org
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
Board of County Commissioners
Philip Morley, County Administrator
Stuart Whitford, Environmental Public Health Director
Tami Pokorny, Natural Resources Program Coordinator
Consent Agenda
September 9, 2019
SUBJECT: Agenda Item — MOU with Hood Canal Salmon Enhancement Group; August 1,
2019 — June 30, 2021; $54,500 with match of $300,000 (RCO Lower Big
Quilcene Floodplain Acquisitions, 18-1227) for total $354,500
STATEMENT OF ISSUE:
Jefferson County Public Health requests approval of the MOU with Hood Canal Salmon Enhancement Group,
to fund acquisition of residential parcels and vacant land; August 1, 2019 — June 30, 2021; $54,500 (HCSG)
funding with match of $300,000 (RCO 18-1227) for total $354,500.
ANALYSIS/ STRATEGIC GOALS/PRO'S and COWS:
This project will acquire and protect floodplain properties on the floodplain of the Big Quilcene River that
are essential to implementing a preferred restoration design to restore spawning habitat for Hood Canal
summer chum and habitat -forming processes by removing existing structures and improvements and
restoring native riparian vegetation on key properties.
FISCAL IMPACT/COST BENEFIT ANALYSIS•
Funding for the Hood Canal Salmon Enhancement Group MOU is through DOE Agreement No. SEAFBD-
2017-HoCSEG-00009. Match funds are secured through RCO Big Quilcene Riparian Protection, 18-1227.
RECOMMENDATION:
JCPH Management recommends BOCC signature of the MOU with Hood Canal Salmon Enhancement Group,
to fund acquisition of residential parcels and vacant land; August 1, 2019 — June 30, 2021; $54,500 (HCSG)
funding with match of $300,000 (RCO 18-1227) for total $354,500
Community Health
Developmental Disabilities
360-385-9400
360-385-9401 (f)
//// 120111C l
Date
Always working for a safer and healthier community
Environmental Public Health j
360-385-9444
(f) 360-379-4487
L �ottixudi
Public Health
CONTRACT REVIEW FORM
CONTRACT WITH: Hood Canal Salmon Enhancement Group (HCSEG) TRACKING NO.: WQ-19-168
(Contractor/Consultant)
CONTRACT FOR: Lower Big Quil Floodplain Acquisitions 2018 TERM:
COUNTY DEPARTMENT: Jefferson County Public Health
For More Information Contact: Tami
Contact Phone #: x498 SEP Q 2019
RETURN TO: Jenny
(Person in Department)
AMOUNT: $354,500
RETURN BY: ASAP J E F F'
Revenue $54,500
Expenditure
Matching funds Required $300,000
Source(s) of Matching Funds RCO:Salmon Rec. Fund. Brd
Step 1:
APPROVED FORM
Comments
REVIEW
Date
PROCESS: ❑
Exempt from Bid Process
❑
Consultant Selection Process
❑
Cooperative Purchase
❑
Competitive Sealed Bid
❑
Small Works Roster
❑
Vendor List Bid
❑
RFP or RFQ
®
Other - MDU
❑ Returned for revision (See Comments)
lIA
Step 2:REVIEW BY OSECUTING ATTORNEY Li -&—An
�N
Review by:a, -
Date Reviewed: Wtief Civil Deputy Prosecuting Attorney
16 APPROVED AS TO FORM ❑ Returned for revision (See Comments)
Comments
Step 3: (If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY
Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS
Step 5: SUBMIT TO BOCC FOR APPROVAL
Submit original Contract(s), Agenda Request, and Contract Review form. Also, please send 2 copies of just the Contract(s)
(with the originals) to the BOCC Office. Place "Sign Here" markers on all places the BOCC needs to sign. MUST be in
BOCC Office by 4:30 p.m. TUESDAY for the following Monday's agenda.
(This form to stay with contract throughout the contract review process.)