HomeMy WebLinkAboutWashington State Recreation and Conservation Office (RCO), Amendment No. 2 re: Hoh River MP Phase I - 121321 aort '1)-ft, ictlilfc\I ,,a04
'.- WASHINGTON TE
Recreation and
Conservation Office Amendment to Grant Agreement
Project Sponsor: Jefferson County of Project Number: 18-2005 C
Project Title: Hoh River Master Plan Phase I Amendment Number: 2
Amendment Type:
Time Extension
Amendment Description:
Pursuant to a request from Jefferson County of the Project Agreement identified above is
amended to extend the end date of this agreement.
The project period of 07/01/2019 to 01/31/2022 is extended to allow the contracting party
until 06/30/2022 to complete the project.
Agreement Terms
In all other respects the Agreement, to which this is an Amendment, and attachments thereto,
shall remain in full force and effect. In witness whereof the parties hereto have executed this
Amendment.
State Of Washington
Recreation and Conservation Office
/6G1L
BY:
Alice Rubin(Nov 18,202115:06 PST)
co, Megan Duffy
TITLE: Director
DATE: Nov 18, 2021
Pre-approved as to form:
By: /S/
Assistant Attorney General
WCRI Project Time Extension Amendment
State Building Construction Account 2 E.H.B. 1115
TIMEXTEN.RPT
3EFFERSON COUNTY WASHINGTON
Board of County Commissioners
Jefferson County, Washington
By: - /Z/3/2/
Kate Dean, Chair Date
ATTEST:
el � C1 t � �l.Uv� /�;✓r'.0 0
Carolyn Galloway Date
Clerk of the Board
Approved as to form only:
December 1, 2021
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
WQ-19-16642
6\4;/ -N
ff 615 Sheridan Street
Port Townsend, WA 98368
ehson www.JeffersonCountyPublicHealth.org
Consent Agenda
Public Healt
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, Interim County Administrator
FROM: Pinky Mingo, Environmental Public Health and Water Quality Director
Tami Pokorny, Natural Resources Program Coordinator
DATE: fCePiN ( ( J40al
SUBJECT: Agenda Item —Amendment 2 to RCO Hoh River Master Plan Phase I, 18-
2005C; July 1, 2019 —June 30, 2022; $384,000.00
STATEMENT OF ISSUE:
Jefferson County Public Health requests approval of Amendment 2 to the RCO Hoh River Master Plan Phase I,
18-2005C to produce a Phase I comprehensive restoration and management master plan for the Hoh River:
extending the period of performance July 1, 2019 - June 30, 2022; $384,000.00
ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S:
The agreement is for Jefferson County to produce a Phase I comprehensive Hoh River Restoration and
Management Master Plan. Application for this project was approved in Resolution 41-18 by the BOCC. This
Amendment only extends the period of performance until June 30, 2022.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
Funding for the RCO Hoh River Master Plan Phase I is through the RCO - Coast Restoration Initiative. The
Amendment has no fiscal impact on the Project.
RECOMMENDATION:
JCPH Management recommends BOCC approval of Amendment 2 to the RCO Hoh River Master Plan Phase I,
18-2005C to produce a Phase I comprehensive restoration and management master plan for the Hoh River;
July 1, 2019 —June 30, 2022; $384,000.00
REVIEWED BY:
/4 -744.-- -t.....„...E; l 7/4/2---/
Mark McCauley, erim County Administrato 4 Date
Community Health
Developmental Disabilities Environmental Public Health
360-385-9400 360-385-9444
360-385-9401 (f) (f)360-379-4487
Always working for a safer and healthier community
WQ-19-166-A2
CONTRACT REVIEW FORM
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Washington State Recreation and Conservation Office Contract No: WQ-19-166-A2
Contract For: Amend 2 to Hoh River Master Plan Phase I Term: 7/1/19-6/30/22
COUNTY DEPARTMENT: Jefferson County Environmental Health
Contact Person: Tami Pokomy
Contact Phone: x498
Contact email: tpokorny cojetferson.wa.us
AMOUNT: $384,000.0o PROCESS:
1111 Exempt from Bid Process
Revenue: $384,000.00 .� Cooperative Purchase
Expenditure: _ Competitive Sealed Bid
Matching Funds Required: _ Small Works Roster
Sources(s)of Matching Funds Vendor List Bid
Fund# 128 _ RFP or RFQ
Munis Org/Obj 12855310 — Other:
APPROVAL STEPS:
STEP 1:DEPARTMENT CERTIFIES COMPLIANCE W TH y 3.55.080 AND CHAP ER 4 .23 RCW.
CERTIFIED: ❑ N/A: f �. .�--
Signature ate
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY. t
CERTIFIED: El N/A:
Signature Date
STEP 3:RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 11/22/2021.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 12/1/2021.
Contract amendment.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
1
WASHINGTON STATE Recreation and
Conservation Office Amendment to Project Agreement
Project Sponsor: Jefferson County of Project Number: 18-2005 C
Project Title: Hoh River Master Plan Phase I Amendment Number: 1
Amendment Type:
Time Extension
Amendment Description:
Pursuant to a request from Jefferson County of the Project Agreement identified above is
amended to extend the end date of this agreement.
The project period of 07/01/2019 to 09/30/2021 is extended to allow the contracting party
until 01/31/2022 to complete the project.
Agreement Terms
In all other respects the Agreement,to which this is an Amendment, and attachments thereto,
shall remain in full force and effect. In witness whereof the parties hereto have executed this
Amendment.
State Of Washington
Recreation and Conservation Office
BY: Scott Rob insorl(Jul 14,2021.15:33 PUT)
ror Megan Duffy
TITLE: Director
DATE: Jul 14, 2021
Pre-approved as to form:
By: /S/
Assistant Attorney General
WCRI Project Time Extension Amendment
State Building Construction Account 2 E.H.B.1115
TIMEXTEN.RPT
r: ,.:,,.,t RCO Project Agreement
Recrcafioz s and
)J'..` Conservation Office
Project Sponsor: Jefferson County Project Number: 18-2005C
Project Title: Hoh River Master Plan Phase I Approval Date:07/02/2019
PARTIES OF THE AGREEMENT
This Recreation and Conservation Office Agreement(Agreement)is entered into between the State of Washington the
Recreation and Conservation Office(RCO),P.O. Box 40917,Olympia,Washington 98504-0917 and Jefferson County
(Sponsor,and primary Sponsor),PO Box 1220, Port Townsend,WA 98368,and shall be binding on the agents and all
persons acting by or through the parties.
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
In this planning and restoration project,Jefferson County will work collaboratively to produce a Phase I comprehensive Hoh
River Restoration and Management Master Plan(Master Plan),including three engineered conceptual designs to improve
channel migration zone function, support self-sustaining floodplain and in-channel habitat for salmon and steelhead in the
Middle Hoh River(RM 16-31),and address locally identified resiliency objectives.The plan will provide a synthesis of existing
knowledge including geomorphic and physical habitat information;mapping of channel and floodplain features;2D hydraulic
modeling using existing LiDAR and new bathymetry;a platform for consideration of transportation, resiliency and restoration
goals,options and opportunities;and near-term response to an invasive species threat.A Trustee-Stakeholder Group will
participate in plan development through a series of workshops,site visits,community outreach and education events,a
storytelling exercise,community dinner,video and project surveys.
PERIOD OF PERFORMANCE
The period of performance begins on July 1,2019(project start date)and ends on September 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.
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 the restoration portion of this project,the sponsor's on-going obligations shall be for a minimum of ten(10)years,or more
as specific in the Landowner Agreement,after the final payment and shall survive the completion/termination of this Project
RCO: 18-2005 Revision Date: 1/1/2019 Page 1 of 20
Agreement unless otherwise identified in the Agreement or as approved by RCO. For this planning project,the sponsor's on-
° going obligation shall be the same as the period of performance identified in the Period of Performance section.
PROJECT FUNDING
The total grant award provided for this project shall not exceed$384,000.00.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 Dollar Amount Source of Funding
Office-Coast Rst Initiative Projects 100.00% $384,000.00 State
Total Project Cost 100.00% $384,000.00
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.
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,the following RCO manuals are deemed applicable and shall apply as terms of this
Agreement:
• Long Term Obligations-Manual 7
• Reimbursements-Manual 8
• Restoration Projects-Manual 5
Provided,where a manual refers to a funding board's responsibility and/or authority,the RCO director shall have that
responsibility and/or authority.
SPECIAL CONDITIONS
None
RCO: 18-2005 Revision Date: 1/1/2019 Page 2 of 20
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 Project Contact RCO Contact
Tami Pokorny Alice Rubin
Natural Resources Specialist Natural Resources Building
615 Sheridan St PO Box 40917
Port Townsend,WA 98368 Olympia,WA 98504-0917
tpokorny@co.jefferson.wa.us alice.rubin@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.
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 18-2005,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
(-)V --
t
By: Date: /9
(printed): t4- F N
Name rinted • � l'�� �� a�-,��!'..'`"i
Title: 0 j Z"I1 P, occ. , ,'c3
WA STATE
RECREATION CONSERVATION OFF1CF
State of Washington Recreation and Conservation Office
On behalf of the '/J l 1 C�j
By: � G Date: ��I ! / +
Kaleen Cottingham
Director
Recreation and Conservation Office
Pre-approved as to form:
By: Date: 01/01/2019
Assistant Attorney General
A�p�p ved as to art, nl :
Apo
C. ! y Date: +l >
ttopfi
Philip C.Hunsucker,Chief Civil Deputy Prosecuting ey
Jefferson County Prosecuting Attorney's Office
RCO: 18-2005 Revision Date: 1/1/2019 Page 3 of 20
RCO Project Agreement
Recreation and
'i' Conservation Office
Project Sponsor: Jefferson County Project Number:18-2005C
Project Title: Hoh River Master Plan Phase I Approval Date:07/02/2019
Eligible Scope Activities
ELIGIBLE SCOPE ACTIVITIES
Planning/Restoration Metrics
Worksite#1, Hoh River RM 16-31
Acres of Habitat Treated: 0.00
Identify the Habitat Types Treated: n/a
Other Species Targeted: n/asecondary benefit: beaver Roosevelt elk blacktail
deer black bear Marbled Murrelet Northern Spotted
Owl river otter coyote cougar bobcat bald eagle
osprey various waterfowl species various songbird
species various amphibian species
Targeted salmonid ESU/DPS(A.23): Chinook Salmon-Washington Coast ESU,Coho
Salmon-Olympic Peninsula ESU,Steelhead-
Olympic Peninsula DPS
Area Encompassed(acres)(B.0.b.1): 5000.0
Targeted species(non-ESU species): Bull Trout, Searun Cutthroat
Miles of Stream and/or Shoreline Affected(B.0.b.2): 15.00
Miles of Stream and/or Shoreline Treated or Protected 15.00
(C.O.b):
Project Identified In a Plan or Watershed Assessment Hoh Indian Tribe,2016,2016 State of Our
(C.O.c): Watersheds Report Hoh River Basin,NWIFC,
https://geo.nwifc.org/sow/SOVV2016_Report/Hoh.pdf
Type Of Monitoring(C.0.d.1): None
Restoration Planning And Coordination Project
Conducting habitat restoration scoping and feasibility
studies(B.1.b.8)
Project Identified in a Plan or Watershed Assessment North Pacific Coast(WRIA 20)Salmon Restoration
(B.1.b.8.a): Strategy(2018 Edition)
https://www.coastsal monpartnership.org/north-
pacific-coast-lead-entity
Priority in Recovery Plan(B.1.b.8.b)(1211): 2.1.2.4 Title of project: Brandeberry Floodplain
Complex. Issue/Limiting Factor being addressed:
Consolidation of flow, side channel protection,and
off-channel habitat access.
Name and Description of Plan(2299): None for now.Anticipated plan is Hoh River
Restoration and Management Plan Phase I
Riparian Habitat Project
Total Riparian Miles Streambank Treated(C.5.b.1): 5.00
Total Riparian Acres Treated(C.5.b.2): 10.0
Riparian Plant removal/control(C.5.h.1)
Acres of riparian treated for plant removal/control(C.5.h.3): 10.0
Miles of streambank treated for plant removal/control 5.00
(C.5.h.4):
Acres of riparian area surveyed for non-native plants.: 1500.0
Number of riparian acres maintentance/treatment area. : 0.0
Number of survey/treatment cycles: 1
WCRI Outreach I Education/Landowner Recruitment
WCRI Outreach Events Conducted
RCO: 18-2005 Revision Date: 1/1/2019 Page 4 of 20
Number of Outreach/Education Events: 3
Describe the Outreach/Education Events: 1 Project launch storytelling event 2 Desired future
conditions and barriers to restoration/resiliency 3
Workshop to identify functional/impaired and
potential restoration sites 4 Site visits 5 Consultant
presentation 2D model 6 Conceptual design
presentation 7 Review of draft plan,screen video
WRCI Landowner Recruitment
Number of Landowners Contacted: 60
Agency Indirect Costs
Agency Indirect
RCO: 18-2005 Revision Date: 1/1/2019 Page 5 of 20
RCO Project Agreement
ReCreatlornand
> Conservation Office
Project Sponsor: Jefferson County Project Number:18-2005C
Project Title: Hoh River Master Plan Phase I Approval Date:07/02/2019
Project Milestones
PROJECT MILESTONE REPORT
Complete Milestone Target Date Comments/Description
Project Start 07/01/2019
Other 10/01/2019 project partners identified;task forces
identified
Progress Report Due 12/31/2019
RFP Complete/Consultant Hired 01/01/2020
Other 01/01/2020 Trustee-Stakeholder Workshop for goals and
Mater Plan chapters,and public event
Other 01/01/2020 Complete web-based synthesis of existing
project area info
Other 01/01/2020 complete landowner surveys report
Bid Awarded/Contractor Hired 01/01/2020 project engineer
Final Plan to RCO 01/01/2020 Herb Robert treatment plan
Annual Project Billing Due 06/30/2020
Progress Report Due 06/30/2020
Landowner Agreement to RCO 07/01/2020 right of entry permission for herb robert
treatment. Not required for submission to
PRISM.Must be kept in sponsor's project
files.
Restoration Started 07/01/2020 begin herb robert treatments
Other 09/01/2020 Trustee-Stakeholder workshop for chapter
progress and site visits
Restoration Complete 09/30/2020 herb robert treatments complete and report
Progress Report Due 12/31/2020
Other 01/01/2021 Complete geomorphic analysis;assesments
for:channel dynamics,physical habitat,forest
stands, landslide areas, resiliency,jobs/skills,
wood stockpiling
Other 01/01/2021 Trustee-Stakeholder workshop-present model
Draft Design to RCO 01/01/2021 complete 2D model outputs(only)
Final Design to RCO 01/01/2021 three conceptual designs
Annual Project Billing Due 06/30/2021
Progress Report Due 06/30/2021
Other 07/01/2021 public event
Final Plan to RCO 09/30/2021 Master Plan Phase 1
Agreement End Date 09/30/2021
Stewardship Plan to RCO 09/30/2021 for any herb robert treatments that occur on
county-owned property.
Final Report Due 12/31/2021
Final Billing Due 12/31/2021
RCO: 18-2005 Revision Date: 1/1/2019 Page 6 of 20
RCO Project Agreement
Recreation and
'' Conservahon Office
Project Sponsor: Jefferson County Project Number:18-2005C
Project Title: Hoh River Master Plan Phase I Approval Date:07/02/2019
Standard Terms and Conditions of the Recreation and
Conservation Office
Table of Contents
STANDARD TERMS AND CONDITIONS EFFECTIVE DATE 8
CITATIONS, HEADINGS AND DEFINITIONS 8
PERFORMANCE BY THE SPONSOR 10
ASSIGNMENT 10
RESPONSIBILITY FOR PROJECT 10
INDEMNIFICATION 10
INDEPENDENT CAPACITY OF THE SPONSOR 11
CONFLICT OF INTEREST 11
COMPLIANCE WITH APPLICABLE LAW 11
RECORDS 12
PROJECT FUNDING 13
PROJECT REIMBURSEMENTS 13
ADVANCE PAYMENTS 14
RECOVERY OF PAYMENTS 14
COVENANT AGAINST CONTINGENT FEES 14
INCOME(AND FEES)AND USE OF INCOME 14
PROCUREMENT REQUIREMENTS 15
TREATMENT OF EQUIPMENT AND ASSETS 15
RIGHT OF INSPECTION 15
STEWARDSHIP AND MONITORING 15
ACKNOWLEDGMENT AND SIGNS 16
PROVISIONS APPLYING TO DEVELOPMENT,MAINTENANCE,RENOVATION,AND RESTORATION PROJECTS 16
LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS 16
CONSTRUCTION,OPERATION, USE,AND MAINTENANCE OF ASSISTED PROJECTS 17
ORDER OF PRECEDENCE 17
LIMITATION OF AUTHORITY 18
WAIVER OF DEFAULT 18
APPLICATION REPRESENTATIONS—MISREPRESENTATIONS OR INACCURACY OR BREACH 18
SPECIFIC PERFORMANCE 18
TERMINATION AND SUSPENSION 18
DISPUTE HEARING 19
ATTORNEYS' FEES 20
GOVERNING LAWNENUE 20
SEVERABILITY 20
END OF AGREEMENT 20
RCO: 18-2005 Revision Date: 1/1/2019 Page 7 of 20
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:
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 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
RCO: 18-2005 Revision Date: 1/1/2019 Page 8 of 20
(2 C.F.R.§200.56(2013)).
long-term compliance period—The period of time after the project end date or end of the period of performance
(depending on the project types and grant program). During this period,the Sponsor has continuing obligations under
the Agreement.This period may have a nonspecific end date(in perpetuity)or an expressly specified number of
years.
long-term obligations—Sponsor's obligations after the project end date,as specified in the Agreement and
applicable regulations and policies.
landowner agreement—An agreement that is required between a Sponsor and landowner for projects located on
land not owned,or otherwise controlled,by the Sponsor.
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.
planning project-A project that results in one or more of the following: 1)a study,a plan,assessment,project
design, inventory,construction plans and specifications,and permits;or 2)a project that provides money to facilitiate
the work of an organization engaged in planning and coordination,or resouce stewardship.
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.
restoration project—A project that brings a site back to its historic function as part of a natural ecosystem or
improving the ecological functionality of a site.
restoration and/or enhancement project—A project that brings a site back to its historic function as part of a
natural ecosystem or that improves the ecological functionality of a site or a larger ecosystem which improvement
may include benefiting fish stocks.
RCW—Revised Code of Washington
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secondary Sponsor—One of two or more Sponsors who is not a primary Sponsor.Only the primary Sponsor may
be the fiscal agent for the project.
Sponsor—A Sponsor is an organization that is listed in and has signed this Agreement.
Sponsor Authorized Representative/Agent—A Sponsor's agent(employee,political appointee,elected person,
etc.)authorized to be the signatory of this Agreement and any amendments requiring a Sponsor signature.This
person has the signature authority to bind the Sponsor to this Agreement, grant,and project.
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.
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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
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
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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."
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.
1. Exception,Service Organizations of Trail and Environmental Projects(RCW 79A.35.130). If allowed by
state and federal law and rules,participants in conservation corps programs offered by a nonprofit
organization affiliated with a national service organization established under the authority of the national and
community service trust act of 1993, P.L. 103-82,are exempt from provisions related to rates of
compensation while performing environmental and trail maintenance work provided: (1)The nonprofit
organization must be registered as a nonprofit corporation pursuant to RCW 24.03;(2)The nonprofit
organization's management and administrative headquarters must be located in Washington;(3)Participants
in the program must spend at least fifteen percent of their time in the program on education and training
activities;and(4) Participants in the program must receive a stipend or living allowance as authorized by
federal or state law. Participants are exempt from provisions related to rates of compensation only for
environmental and trail maintenance work conducted pursuant to the conservation corps program.
D. Archaeological and Cultural Resources.RCO facilitates the review of applicable projects for potential impacts to
archaeological sites and state cultural resources.The Sponsor must assist RCO in compliance with Governor's
Executive Order 05-05 or the National Historic Preservation Act before and after initiating ground-disturbing activity or
construction, repair,installation, rehabilitation,renovation,or maintenance work on lands, natural resources,or
structures.The funding board requires documented compliance with Executive Order 05-05 or Section 106 of the
National Historic Preservation Act,whichever is applicable to the project. If a federal agency declines to consult,the
Sponsor shall comply with the requirements of Executive Order 05-05. In the event that archaeological or historic
materials are discovered during project activities,work in the location of discovery and immediate vicinity must stop
instantly,the area must be secured,and notification must be provided to the following:concerned Tribes'cultural staff
and cultural committees, RCO, and the State Department of Archaeology and Historic Preservation. If human remains
are discovered during project activity,work in the location of discovery and immediate vicinity must stop instantly,the
area must be secured, and notification provided to the concerned Tribe's cultural staff and cultural committee, RCO,
State Department of Archaeology,the coroner and local law enforcement in the most expeditious manner possible
according to RCW 68.50.
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
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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 legal rights as are necessary to permit the State to disclose and copy
such document to respond to a request under state public records laws.The Sponsor hereby agrees to release the
State from any claims arising out of allowing such review or copying pursuant to a public records act request, and to
indemnify against any claims arising from allowing such review or copying and pay the reasonable cost of state's
defense of such claims.
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. 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);
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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
9. RCO has accepted a final boundary map of the project area for which the Agreement terms will apply in the
future.
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.
COVENANT AGAINST CONTINGENT FEES
The Sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an
agreement or understanding for a commission,percentage,brokerage or contingent fee,excepting bona fide employees or
bona fide established agents maintained by the Sponsor for the purpose of securing business. RCO shall have the right,in the
event of breach of this clause by the Sponsor,to terminate this Agreement without liability or,in its discretion,to deduct from
the Agreement grant amount or consideration or recover by other means the full amount of such commission, percentage,
brokerage or contingent fee.
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.
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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.
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.
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.
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.
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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
2. During the period of long-term obligation,the Sponsor shall post openly visible signs or other appropriate
media at entrances and other locations to notify the public of the availability of the site for reasonable public
access.
C. Ceremonies.The Sponsor shall notify RCO no later than two weeks before a dedication ceremony for this project.
The Sponsor shall verbally acknowledge the applicable grant program's funding contribution at all dedication
ceremonies.
PROVISIONS APPLYING TO DEVELOPMENT,MAINTENANCE,RENOVATION,AND RESTORATION PROJECTS
The following provisions shall be in force:
A. Operations and Maintenance. Properties,structures,and facilities developed, maintained,or operated with the
assistance of money granted per this Agreement Entity and within the project area shall be built,operated,and
maintained according to applicable regulations,laws, building codes,and health and public safety standards to
assure a reasonably safe condition and to prevent premature deterioration. It is the Sponsor's sole responsibility to
ensure the same are operated and maintained in a safe and operable condition.The RCO does not conduct safety
inspections or employ or train staff for that purpose.
B. Document Review and Approval. Prior to commencing construction or finalizing the design, the Sponsor agrees to
submit one copy of all construction and restoration plans and specifications to RCO for review solely for compliance
with the scope of work to be identified in the Agreement.RCO does not review for,and disclaims any responsibility to
review for safety,suitability,engineering,compliance with code,or any matters other than the scope so identified.
Although RCO staff may provide tentative guidance to a Sponsor on matters related to site accessibility by persons
with a disability,it is the Sponsor's responsibility to confirm that all legal requirements for accessibility are met even if
the RCO guidance would not meet such requirements.
1. Change orders that impact the amount of funding or changes to the scope of the project as described to and
approved by the RCO must receive prior written approval of the RCO.
C. Control and Tenure.The Sponsor must provide documentation that shows appropriate tenure(such as landowner
agreement,long-term lease, easement, or fee simple ownership)for the land proposed for construction.The
documentation must meet current RCO requirements identified in this Agreement and any applicable manual as of
the effective date of this Agreement and determines the long-term compliance period unless otherwise provided in
any applicable manual, RCW,WAC,or as approved by the RCO.
D. Use of Best Management Practices. Sponsors are encouraged to use best management practices including those
developed as part of the Washington State Aquatic Habitat Guidelines(AHG)Program.AHG documents include
"Integrated Streambank Protection Guidelines",2002;"Land Use Planning for Salmon, Steelhead and Trout:A land
use planner's guide to salmonid habitat protection and recovery",2009","Protecting Nearshore Habitat and Functions
in Puget Sound",2010;"Stream Habitat Restoration Guidelines",2012; "Water Crossing Design Guidelines",2013;
and"Marine Shoreline Design Guidelines",2014.These documents,along with new and updated guidance
documents, and other information are available on the AHG Web site.Sponsors are also encouraged to use best
management practices developed by the Washington Invasive Species Council(WISC)described in"Reducing
Accidental Introductions of Invasive Species"which is available on the WISC Web site.
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
RCO: 18-2005 Revision Date: 1/1/2019 Page 16 of 20
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.
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.
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;
RCO: 18-2005 Revision Date: 1/1/2019 Page 17 of 20
•
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
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
RCO: 18-2005 Revision Date:1/1/2019 Page 18 of 20
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.
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.
RCO: 18-2005 Revision Date: 1/1/2019 Page 19 of 20
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 LAWNENUE
This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a
lawsuit involving this Agreement,venue shall be in Thurston County Superior Court if legally proper;otherwise venue shall be
in a county where the project is situated,if venue there is legally proper,and if not, in a county where venue is legally proper.
The Sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington.
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:18-2005 Revision Date: 1/1/2019 Page 20 of 20
fT-11- / 61.17-15
Mom.
JEFFERSON COUNTY
STATE OF WASHINGTON
Amending Resolution No. 36-18 to )
Rename the Spruce Canyon to South } RESOLUTION NO. 41-18
Fork Hoh River Planning Project }
Application to the Hoh River Master }
Plan Phase I Project}
Project(s)Number(s),and Name(s)RCO#18-1227:Lower Big_Quilcenc Floodplain Acquisitions
2018:RCO#18-1228:Dosewallitms R Powerlines Acquisition and Design;and RCO#18-2005:Hoh
River Master Plan Phase I
This resolution authorizes the person identified below(in section 2)to act as the authorized
representative/agent on behalf of our organization and to legally bind our organization with respect
to the above Project(s)for which we seek grant funding assistance managed through the Recreation
and Conservation Office(Office).
WHEREAS, state grant assistance is requested by our organization to aid in financing the cost of the
Project(s)referenced above;
NOW, THEREFORE BE IT RESOLVED that:
1. Our organization has applied for or intends to apply for funding assistance managed by the
Office for the above"Project(s)."
2. Jefferson County Board of Commissioners is authorized to act as a representative/agent for our
organization with full authority to bind the organization regarding all matters related to the
Project(s),including but not limited to,full authority to:(1)approve submittal of a grant
application to the Office,(2)enter into a project agreement(s)on behalf of our organization,(3)
sign any amendments thereto on behalf of our organization,(4)make any decisions and
submissions required with respect to the Project(s),and(5)designate a project contact(s)to
implement the day-to-day management of the grant(s).
3. Our organization has reviewed the sample project agreement on the Recreation and
Conservation Office's WEBSITE at:
littps://rcr7,u�a. =oV/docuinents/m mua1s&ior s/Sr-u pleProjAl reernent.pdf: We understand and
acknowledge that if offered a project agreement to sign in the future,it will contain an
indemnification and legal venue stipulation(applicable to any sponsor)and a waiver of
sovereign immunity(applicable to Tribes)and other terms and conditions substantially in the
form contained in the sample project agreement and that such terms and conditions of any signed
project agreement shall be legally binding on the sponsor if our representative/agent enters into a
project agreement on our behalf. The Office reserves the right to revise the project agreement
prior to execution and shall communicate any such revisions with the above authorized
representative/agent before execution.
4. Our organization acknowledges and warrants,after conferring with its legal counsel,that its
authorized representative/agent has full legal authority to enter into a project agreement(s)on its
behalf,that includes indemnification,waiver of sovereign immunity(as may apply to Tribes),
and stipulated legal venue for lawsuits and other terms substantially in the form contained in the
sample project agreement or as may be revised prior to execution.
5. Grant assistance is contingent on a signed project agreement. Entering into any project
agreement with the Office is purely voluntary on our part.
6. Our organization understands that grant policies and requirements vary depending on the grant
program applied to,the grant program and source of funding in the project agreement,the
characteristics of the project,and the characteristics of our organization.
7. Our organization further understands that prior to our authorized representative/agent executing
the project agreement(s),the RCO may make revisions to its sample project agreement and that
such revisions could include the indemnification,the waiver of sovereign immunity,and the
legal venue stipulation. Our organization accepts the legal obligation that we shall,prior to
execution of the project agreement(s),confer with our authorized representative/agent as to any
revisions to the project agreement from that of the sample project agreement. We also
acknowledge and accept that if our authorized representative/agent executes the project
agreement(s)with any such revisions,all terms and conditions of the executed project agreement
(including but not limited to the indemnification,the waiver of sovereign immunity,and the
legal venue stipulation)shall be conclusively deemed to be executed with our authorization.
8. Any grant assistance received will be used for only direct eligible and allowable costs that are
reasonable and necessary to implement the project(s)referenced above.
9. Our organization acknowledges and warrants,after conferring with its legal counsel,that no
additional legal authorization beyond this authorization is required to make the indemnification,
the waiver of sovereign immunity(as may apply to Tribes),and the legal venue stipulation
substantially in form shown on the sample project agreement.or as may be revised prior to
execution legally binding on our organization upon execution by our representative/agent.
10. (Recreation and Conservation Funding Board Grant Programs Only] If match is required for
the grant,we understand our organization must certify the availability of match at least one
month before funding approval.In addition,our organization understands it is responsible for
supporting all non-cash matching share commitments to this project should they not materialize.
11. Our organization acknowledges that if it receives grant funds managed by the Office,the Office
will pay us on only a reimbursement basis.We understand reimbursement basis means that we
will only request payment from the Office after we incur grant eligible and allowable costs and
pay them.The Office may also determine an amount of retainage and hold that amount until the
Project is complete.
12. [Acquisition Projects Only]Our organization acknowledges that any property acquired with
grant assistance must be dedicated for the purposes of the grant in perpetuity unless otherwise
agreed to in writing by our organization and the Office.We agree to dedicate the property in a
signed"Deed of Right"for fee acquisitions,or an"Assignment of Rights"for other than fee
acquisitions(which documents will be based upon the Office's standard versions of those
documents),to be recorded on the title of the property with the county auditor.
13. [Acquisition Projects Only]Our organization acknowledges that any property acquired in fee
title must be immediately made available to the public unless otherwise provided for in policy,
the project agreement,or authorized in writing by the Office Director.
14. [Development, Renovation, Enhancement, and Restoration Projects Only—If your organization
owns thepropertv]Our organization acknowledges that any property owned by our organization
that is developed,renovated,enhanced,or restored with grant assistance must be dedicated for
the purpose of the grant in perpetuity unless otherwise allowed by grant program policy,or
Office in writing and per the project agreement or an amendment thereto.
15. [Development, Renovation, Enhancement, and Restoration Projects Only—If your
organization DOES NOT own the propedyj Our organization acknowledges that any
property not owned by our organization that is developed, renovated,enhanced,or restored
with grant assistance must be dedicated for the purpose of the grant as required by grant
program policies unless otherwise provided for per the project agreement or an amendment
thereto.
16. [Only for Projects located in Water Resources Inventory Areas 1-19 that are applying for
funds from the Critical Habitat,Natural Areas, State Lands Restoration and Enhancement,
Riparian Protection, or Urban Wildlife Habitat grant categories;or the Puget Sound
Acquisition and Restoration program, or a Salmon Recovery Funding Board approved grant]
Our organization certifies the following:the Project does not conflict with the Puget Sound
Action Agenda developed by the Puget Sound Partnership under RCW 90.71.310.
17. This resolution/authorization is deemed to be part of the formal grant application to the Office.
18. Our organization wan-ants and certifies,after conferring with its legal counsel,that this
resolution/authorization was properly and lawfully adopted following the requirements of our
organization and applicable laws and policies and that our organization has full legal authority to
commit our organization to the warranties,certifications,promises and obligations set forth
herein.
[Native American Tribes,Local Governments, and Nonprofit Organizations Only]This application
authorization was adopted by our organization during the meeting held:
Location /6 L1 / f&s 6y (SOY t C( r1 C"1 4" &)CC C/tic 1k&.r.s
Date 9/7/K
[All Applicants]Si d and p roved on behalf of the resolving body of the organization by the
following autho ' me
cSigned �-�.iL "1. '.."'iCr tS?fGt ACi4.f'L f7
Davi Sullivan,Chair Kathleen Kier,Member Kate Dean,Member
Title Jefferson County Commissioners Date ( t7_ad
Washington State Attorney General's Office
Approved as to form n r,0;1,
_ � ' •
1119/18 w
Assistant Attorney General Date �f' , r;._
•
Approved as to orm: t
' / Date 11 •t j 3.0
Philip C.Hunsucker,Chief Civil Deputy l'n cuff. g Attorney -;�s,, ;`
Jefferson County Prosecuting Attorney's Office
JEFFERSON COUNTY
STATE OF WASHINGTON
In the Matter of Authorizing the Jefferson }
County Board of Commissioners to Legally }
Bind Jefferson County with Respect to Three } RESOLUTION NO. 36-18
Applications for Grant Assistance to the RCO}
in2018 }
Project(s)Number(s),and Name(s)RCO#18-1227: Lower Big Quilcene Floodplain Acquisitions
2018;RCO#18-1228:Dosewallips R Powerlines Acquisition and Design;and RCO#18-2005:
Spruce Canyon to South Fork Hoh.River Planning
This resolution authorizes the person identified below(in section 2)to act as the authorized
representative/agent on behalf of our organization and to legally bind our organization with respect
to the above Project(s)for which we seek grant funding assistance managed through the Recreation
and Conservation Office(Office).
WHEREAS, state grant assistance is requested by our organization to aid in financing the cost of the
Project(s)referenced above;
NOW, THEREFORE, BE IT RESOLVED that:
1. Our organization has applied for or intends to apply for funding assistance managed by the
Office for the above"Project(s)."
2. Jefferson County Board of Commissioners is authorized to act as a representative/agent for our
organization with full authority to bind the organization regarding all matters related to the
Project(s),including but not limited to,full authority to:(1)approve submittal of a grant
application to the Office,(2)enter into a project agreement(s)on behalf of our organization,(3)
sign any amendments thereto on behalf of our organization,(4)make any decisions and
submissions required with respect to the Project(s),and(5)designate a project contact(s)to
implement the day-to-day management of the grant(s).
3. Our organization has reviewed the sample project agreement on the Recreation and
Conservation Office's WEBSII'E at:
hops://rco.wa.gov/docuincnts/inanuals&fbrms/sampleProiAgreemenf.pdf. We understand and
acknowledge that if offered a project agreement to sign in the future,it will contain an
indemnification and legal venue stipulation(applicable to any sponsor)and a waiver of
sovereign immunity(applicable to Tribes)and other terms and conditions substantially in the
form contained in the sample project agreement and that such terms and conditions of any signed
project agreement shall be legally binding on the sponsor if our representative/agent enters into a
project agreement on our behalf. The Office reserves the right to revise the project agreement:
prior to execution and shall communicate any such revisions with the above authorized
representative/agent before execution.
4. Our organization acknowledges and warrants,after conferring with its legal counsel,that its
authorized representative/agent has full legal authority to enter into a project agreenient(s)on its
behalf,that includes indemnification,waiver of sovereign immunity(as may apply to Tribes),
and stipulated legal venue for lawsuits and other terms substantially in the form contained in the
sample project agreement or as may be revised prior to execution.
5. Grant assistance is contingent on a signed project agreement. Entering into any project
agreement with the Office is purely voluntary on our part.
6. Our organization understands that grant policies and requirements vary depending on the grant
program applied to,the grant program and source of funding in the project agreement,the
characteristics of the project,and the characteristics of our organization.
7. Our organization further understands that prior to our authorized representative/agent executing
the project agreement(s),the RCO may make revisions to its sample project agreement and that
such revisions could include the indemnification,the waiver of sovereign immunity,and the
legal venue stipulation. Our organization accepts the legal obligation that we shall,prior to
execution of the project agreement(s),confer with our authorized representative/agent as to any
revisions to the project agreement from that of the sample project agreement. We also
acknowledge and accept that if our authorized representative/agent executes the project
agreement(s)with any such revisions,all terms and conditions of the executed project agreement
(including but not limited to the indemnification,the waiver of sovereign immunity,and the
legal venue stipulation)shall be conclusively deemed to be executed with our authorization.
8. Any grant assistance received will be used for only direct eligible and allowable costs that are
reasonable and necessary to implement the project(s)referenced above.
9. Our organization acknowledges and warrants,after conferring with its legal counsel,that no
additional legal authorization beyond this authorization is required to make the indemnification,
the waiver of sovereign immunity(as may apply to Tribes),and the legal venue stipulation
substantially in form shown on the sample project agreement or as may be revised prior to
execution legally binding on our organization upon execution by our representative/agent.
10. (Recreation and Conservation Funding Board Grant Programs Only] If match is required for
the grant,we understand our organization must certify the availability of match at least one
month before funding approval. In addition,our organization understands it is responsible for
supporting all non-cash matching share commitments to this project should they not materialize.
11. Our organization acknowledges that if it receives grant funds managed by the Office,the Office
will pay us on only a reimbursement basis.We understated reimbursement basis means that we
will only request payment from the Office after we incur grant eligible and allowable costs and
pay them.The Office may also determine an amount of retainage and hold that amount until the
Project is complete.
12. [Acquisition Projects Only]Our organization acknowledges that any property acquired with
grant assistance must be dedicated for the purposes of the grant in perpetuity unless otherwise
agreed to in writing by our organization and the Office.We agree to dedicate the property in a
signed"Deed of Right"for fee acquisitions,or an"Assignment of Rights"for other than fee
acquisitions(which documents will be based upon the Office's standard versions of those
documents),to be recorded on the title of the property with the county auditor.
13. [Acquisition Projects Only] Our organization acknowledges that any property acquired in fee
title must be immediately made available to the public unless otherwise provided for in policy,
the project agreement,or authorized in writing by the Office Director.
14. [Development, Renovation, Enhancement, and Restoration Projects Only—Ifyour organization
owns the property/Our organization acknowledges that any property owned by our organization
that is developed,renovated,enhanced,or restored with grant assistance must be dedicated for
the purpose of the gram in perpetuity unless otherwise allowed by grant program policy,or
Office in writing and per the project agreement or an amendment thereto.
15. [Development, Renovation, Enhancement, and Restoration Projects Only—If your
organization DOES NOT own the property)Our organization acknowledges that any
property not owned by our organization that is developed, renovated,enhanced,or restored
with grant assistance must be dedicated for the purpose of the grant as required by grant
program policies unless otherwise provided for per the project agreement or an amendment
thereto.
16. [Only for Projects located in Water Resources Inventory Areas 1-19 that are applying for
funds from the Critical Habitat, Natural Areas, State Lands Restoration and Enhancement,
Riparian Protection, or Urban Wildlife Habitat grant categories;or the Puget Sound
Acquisition and Restoration program, or a Salmon Recovery Funding Board approved grant]
Our organization certifies the following:the Project does not conflict with the Puget Sound
Action Agenda developed by the Puget Sound Partnership under RCW 90.71.310.
17. This resolution/authorization is deemed to be part of the formal grant application to the Office.
18. Our organization warrants and certifies,after conferring with its legal counsel,that this
resolution/authorization was properly and lawfully adopted following the requirements of our
organization and applicable laws and policies and that our organization has full legal authority to
commit our organization to the warranties,certifications,promises and obligations set forth
herein.
[Native American Tribes, Local Governments, and Nonprofit Organizations Only]This application
authorization was adopted by our organization during the meeting held:
Location _le' clotC r
4V{ s f 1IiIW
Date t2 t dot
[All Applicants]Signed and approved on behalf of the resolving body of the organization by the
following authorized member(s):
Signed
- a, n �-. .
4f tt+Gt t7 fat .t rt ,r- r 1 4' an,i mein
Title u-e-riesioli ak i ,,,,,, 4?t Date 61/co f
Washington State Attorney General's Office
Approved as to form
"' '-- 1/19/18
Assistant Attorey_General Date
Approved as to F;>mi � — P /
--tr�'f' ! j„ quo:
Philip C.Hunsucker,Chief Civil Deputy Prosecuting Attorney
Jefferson County Prosecuting Attorney's Office