HomeMy WebLinkAboutDosewallips RCO 615 Sheridan Street
Port Townsend, WA 98368
�e eWn www.JeffersonCountyPublicHealth.org
Consent Agenda
Public Healt
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, County Administrator
FROM: Pinky Feria Mingo, Environmental Health and Water Quality Director
Tami Pokorny, Natural Resources Program Coordinator
DATE: ��L e�.nLJer , ( ZO Z3
SUBJECT: Agenda Item — Amendment 8 to the Dosewallips R Powerlines Acquisition and
Design, Recreation and Conservation Office (RCO) Salmon Recovery Funding
Board (SRFB) #18-1228C Grant Agreement; July 1, 2019 — December 31, 2024;
Add'I $27,500; $616,619.00
STATEMENT OF ISSUE:
Jefferson County Public Health requests approval of Amendment 8 to the Dosewallips R Powerlines
Acquisition and Design. RCO SRFB #18-1228C Grant Agreement to develop preliminary designs; July 1, 2019
— December 31, 2024; Add'1 $27,500; $616,619.00
ANALYSIS/STRATEGIC GOALS/PROS and CONS:
Amendment 8 to this project, to develop preliminary designs for high value restoration actions to support
habitat for threatened salmon in the Powerlines Reach (RM 1.3-2.5), will contribute funds towards the
acquisition of LiDAR (topographic data). LiDAR will be used by the project consultant to develop hydrologic
computer models of current and proposed conditions. This amendment is numbered 8 rather than 7 because,
consistent with the grant agreement, the RCO has the ability to generate and remove internal amendment
numbers and to approve certain types of amendments independently, such as time extensions. Past
amendments to the agreement are detailed below and on the following page.
Amendment # Detail
1 BoCC approved Cost change (ORCA funding)
2 No JC contract review 2-year time extension
Empty number Amendment number created and
deleted by RCO
Empty number Amendment number created and
deleted by RCO
Community Health Environmental Public Health
Developmental Disabilities 360-385-9444
360-385-9400 (f) 360-379-4487
360-385-9401 (f) Always working for a safer and healthier community
WQ-21-063-A1
Empty number Amendment number created and
deleted by RCO
5 BoCC approved Cost change (Return PSAR)
6 BoCC approved Cost change (2022 SRFB funding)
7 No IC contract review Time extension
FISCAL IMPACT/COST BENEFIT ANALYSIS:
Funding for this project is provided through the RCO SRFB. No funds from the General Fund are requested.
RECOMMENDATION:
JCPH Management recommends BOCC signature for Amendment 8 to the Dosewallips R Powerlines
Acquisition and Design, Recreation and Conservation Office (RCO) Salmon Recovery Funding Board
(SRFB) #18-1228C Grant Agreement; July 1, 2019 — December 31, 2024; Add'I $27,500; $616,619.00
REVIEW BY:
'Al
Mark McCaule , ounty Administrator Date
Community Health Environmental Public Health
Developmental Disabilities 360-385-9444
360-385-9400 (f) 360-379-4487
Always working for a safer and healthier community
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Recreation and Conservation Office(RCO) Contract No: WQ-19-174-A8
Contract For: Dosewallips R Powerlines Acquisition and Design Term: July 1, 2019- Decemer 31, 2024
COUNTY DEPARTMENT: Public Health
Contact Person: Tan Pokorny
Contact Phone: x 498
Contact email: tpokorny@co.jefferson.wa.us
AMOUNT: Add'I$27,500 for total of$616,619.00 PROCESS: Exempt from Bid Process
Revenue: $27,500 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 WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: � N/A:®
Signature Date
STEP 2: DEPARTMENT CERTIFIES T E PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: F N/A:
Signature Date
STEP 3: RISK MANAGEMENT REVIEVVIf ill be added electronically through Laserfiche):
Electronically approved by Risk Management on 8/31/2023.
State agreement. Cannot change.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 8/31/2023.
PAO signature missing. Please add next time per county policy.
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
l
WASHINGTON STATE
Recreation and
Conservation Office Amendment to Grant Agreement
Project Sponsor: Jefferson County Public Health Project Number: 18-1228C
Project Title: Dosewallips R Powerlines Acquisition and Design Amendment Number: 8
Amendment Type:
Cost Change
Amendment Description:
Increase SRFB funding by$27,500(RCO cost increase funding pot), new project total$616,619.
Project Funding:
The total cost of the project for the purpose of this Agreement changes as follows:
Old Amount New Amount
Amount % Amount %
RCO-ORCA Projects $100,690.00 17.09% $100,690.00 16.33%
RCO-PSAR $270,484.00 45.91% $270,484.00 43.87%
RCO-SALMON ST SUPPS $217,945.00 37.00% $217,945.00 35.35%
RCO-SALMON ST PROJ $0.00 0.00% $27,500.00 4.46%
Project Sponsor $0.00 0.00% $0.00 0.00%
Total Project Cost $589,119.00 100% $616,619.00 100%
Admin Limit $2,207.00 5.00% $2,207.00 5.00%
A&E Limit $0.00 0.00% $0.00 0.00%
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 Jefferson County Public Health
Recreation and Conservation Office
AGENCY:
BY: BY:
Megan Duffy
TITLE: Director
TITLE:
DATE:
DATE:
Pre-approved as to form: Approved as to form only;
BY: /S/
Assistant Attorney General
August 31,2023
Philip C.Hunsucker, Date
PSAR Project Cost Change Amendment Chief Civil Deputy Prosecuting Attorney
State Buildino Construction Account RCW 77.85.WAC 420
AMENAGRIAPT
WQ-19-174-A8
GGilbert@cojefferson.wa.us Sign Out ?
RE: WQ-19-174-A8 - RE: 18-1228 outstanding cost increase amendment
Lambert, Josh (RCO) <josh.lambert@rco.wa.gov> ;? Reply all
Today,12:58 PM
Gilbert, Glenn(DOHi) <GGilbert@co jefferson.wa.us>; Tami Pokorny <TPokorny(
Encrypt:This message is encrypted. Recipients can't remove encryption.
18-1228 Amendment#... v 18-1228 Amend #1 Cos... v 18-1228 AmE
160 KB 402 KB 202 KB
v Show all 5 attachments(1 MB)
Glenn,
Attached are all amendments to date there have only been 5 applied to date, but the numbering system for some
reason is really off, and I don't have a great explanation for why. Sometimes when I or fiscal staff create a draft
amendment in PRISM it remembers that number even after being deleted. Also, orders can get out of whack when
we approve amendments out of order they were created, which happens for sponsors where the time to receive
signed copies takes considerable or variable time (which happens with Jefferson County).
So, regardless of the naming you see on these, here is the chronological order of amendments, nothing is missing:
#1=#1 Cost Change
#2 =#2 Time extension
#3 =#5 Cost change
#4=#6 Cost change
#5 =#7 time extension
#6—is the outstanding cost change amendment RCO is awaiting signature to apply
Thank you
Josh Lambert I Grant Manager
8 This email message and its attachments are for the sole use of the intended recipient or recipients and may contain
confidential information. If you have received this email in error, please notify the sender and delete this message.
"y WASHINGTON STATE
Recreation and
Conservation Office Amendment to Grant Agreement
Project Sponsor: Jefferson County Public Health Project Number: 18-1228 C
Project Title: Dosewallips R Powerlines Acquisition and Design Amendment Number: 7
Amendment Type:
Time Extension
Amendment Description:
Pursuant to a request from Jefferson County Public Health the Project Agreement identified
above is amended to extend the end date of this agreement.
Progress was delayed from a funding shortfall that has since been addressed through
funding from NOAA ORCA and SRFB cost increase in 2022. Two field seasons are
necessary to ensure robust preliminary designs and to allow negotiation with major
landowners on potential easements or fee simple acquisition.
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: i1C
For Megan Duffy
TITLE: Director
DATE: Feb 14,2023
Pre-approved as to form:
By: /S/
Assistant Attorney General
PSAR Project Time Extension Amendment
State Building Construction Account RCW 77.85,WAC 420
TIMEXTEN.RPT
18-1228 Amendment #7 - Time Extension
Final Audit Report 2023-02-14
Created: 2023-02-14
By: Deena Resnick(deena.resnick@rco.wa.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAhW3axioBYA35YsT5J4CV_XWRW8m2D9gR
"18-1228 Amendment #7 - Time Extension" History
Document created by Deena Resnick (deena.resnick@rco.wa.gov)
2023-02-14-10:59:18 PM GMT
U 4 Document emailed to Scott Robinson (scott.robinson@rco.wa.gov) for signature
2023-02-14-11:00:17 PM GMT
Email viewed by Scott Robinson (scott.robinson@rco.wa.gov)
2023-02-14-11:49:33 PM GMT
Document e-signed by Scott Robinson (scott.robinson@rco.wa.gov)
Signature Date:2023-02-14-11:49:49 PM GMT-Time Source:server
Agreement completed.
2023-02-14-11:49:49 PM GMT
Powered by
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-Y WASHINGTON STATE
Recreation and
Conservation Office Amendment to Grant Agreement
Project Sponsor: Jefferson County Public Health Project Number: 18-1228C
Project Title: Dosewallips R Powerlines Acquisition and Design Amendment Number: 6
Amendment Type:
Cost Change
Amendment Description:
Add$217,945 of 2022 Hood Canal LE Small Supplemental funds awarded by SRFB 9/22/2022. New Agreement
total is$589,119.
Project Funding:
The total cost of the project for the purpose of this Agreement changes as follows:
Old Amount New Amount
Amount % Amount %
RCO-ORCA Projects $100,690.00 27.13% $100,690.00 17.09%
RCO-PSAR $270,484.00 72.87% $270,484.00 45.91%
RCO-SALMON ST SUPPS $0.00 0.00% $217,945.00 37.00%
Project Sponsor $0.00 0.00% $0.00 0.00%
Total Project Cost $371,174.00 100% $589,119.00 100%
Admin Limit $2,207.00 5.00% $2,207.00 5.00%
A&E Limit $0.00 0.00% $0.00 0.00%
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 Jefferson County Washington
Recreation and Conservation Office Board of County Commissioners
AGENCY:
BY: BY:
For Megan Duffy Heidi Eisenhour
TITLE: Director
TITLE: Chair
DATE. Nov 28, 2022
DATE: }' 7 /Z Z-
Pre-approved as to form:
Approved as to form only:
BY: Is/ n �L. October 28,2022
Assistant Attorney General t/
Philip C.Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
ISAR Project Cost Change Amendment
RCW 77.05.WAC 420
WQ-19-174-A6
MENAGRI.RPT
WASHINGTON STATE
Recreation and
Conservation Office Amendment to Grant Agreement
Project Sponsor: Jefferson County Public Health Project Number: 18-1228C
Project Title: Dosewallips R Powerlines Acquisition and Design Amendment Number: 5
Amendment Type:
Cost Change
Amendment Description:
Add$99,955 PSAR 17-19 return funds,approved by PSP, to agreement.New project total Is$371,174.Cost
increase resulted from inadequate budgeting of preliminary design costs and an increase In the project complexity
resulting in higher cost.
Project Funding:
The total cost of the project for the purpose of this Agreement changes as follows:
Old Amount New Amount
Amount % Amount %
RCO-ORCA Projects $100,690.00 37.12% $100,690.00 27.13%
RCO-PSAR $170,529.00 62.88% $270,484.00 72.87%
Project Sponsor $0.00 0,00% $0.00 0.00%
Total Project Cost $271,219.00 100% $371,174.00 100%
Admin Limit $2,207.00 5.00% $2,207.00 5.00%
A&E Limit $0,00 0.00% $0.00 0.00%
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 Jefferson County Public Health
Recreation and Conservation Office
AGENCY: _
BY: Sc.,ii R bn—1 f.nug B7,2022 08:09 PDT;, BY:
For MGMDuffy
Heidi Eisenhour
TITLE: Director
Au 30, 2022 TITLE: Chair,Jefferson County Board of Commissioners
DATE: g
DATE:
Pre-approved as to form:
BY. 1ST Approved as to form only:
Assistant Attorney General :` " ` July 30, 2022
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
PSAR Project Cost Change Amendment
State Bulldinq Construction Account RCW 77.85,WAC 420
AMENAGRI.RPT WQ-19-174-A5
18-1228 Amendment #5 - Cost Change
Final Audit Report 2022-08-30
Created: 2022-08-19
By: Deena Resnick(deena.resnick@rco.wa.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAegjQyOHhs00g6N2pNB9ja0vEDzLxFG5Z
"18-1228 Amendment #5 - Cost Change" History
Document created by Deena Resnick(deena.resnick@rco.wa.gov)
2022-08-19-8:25:35 PM GMT
tip Document approved by Deena Resnick (deena.resnick@rco.wa.gov)
Approval Date:2022-08-19-8:26:30 PM GMT-Time Source:server
P4 Document emailed to Scott Robinson (scott.robinson@rco.wa.gov)for signature
2022-08-19-8:26:32 PM GMT
Email viewed by Scott Robinson (scott.robinson@rco.wa.gov)
2022-08-30-3:08:47 PM GMT
LSD Document e-signed by Scott Robinson (scott.robinson@rco.wa.gov)
Signature Date:2022-08-30-3:09:44 PM GMT-Time Source:server
Q Agreement completed.
2022-08-30-3:09:44 PM GMT
Powered by
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�cn�eryaki `tice Acrobat Sign
'Y WASHINGTON STATE
Recreation and
Conservation Office Amendment to Project Agreement
Project Sponsor: Jefferson County Public Health Project Number: 18-1228 C
Project Title: Dosewallips R Powerlines Acquisition and Design Amendment Number: 2
Amendment Type:
Time Extension
Amendment Description:
Pursuant to a request from Jefferson County Public Health the Project Agreement identified
above is amended to extend the end date of this agreement.
The project period of 03/01/2020 to 06/30/2021 is extended to allow the contracting party
until 06/30/2023 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: Tara Galaska
T ra I?0.2:),"123E PDT;
For Kaleen Cottingham
TITLE: Director
DATE: OU 30, 2020
Pre-approved as to form:
By: /S/
Assistant Attorney General
PSAR Project Time Extension Amendment
State Building Construction Account RCW 77.85,WAC 420
TIMEXTEN.RPT
Fo
-1228 Jefferson County Public Health ,
sewallips R Powerlines Acquisition and
Design Amendment #2 Time Ext
Final Audit Report 2020-10-30
Created: 2020-10-30
By: Kendall Barrameda(kendall.barrameda@rco.wa.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAVRWUYesc- Q9JXGtUSB-Yx3YTRmfUbko
"18-1228 Jefferson County Public Health, Dosewallips R Powerli
nes Acquisition and Design Amendment #2 Time Ext" History
Document created by Kendall Barrameda (kendall.barrameda@rco.wa.gov)
2020-10-30-6:37:42 PM GMT-IP address:198.238.202.135
Document emailed to Tara Galuska (tara.galuska@rco.wa.gov)for signature
2020-10-30-6:39:27 PM GMT
Email viewed by Tara Galuska (tara.galuska@rco.wa.gov)
2020-10-30-7:36:50 PM GMT-IP address: 104.47.65.254
�o Document e-signed by Tara Galuska (tara.galuska@rco.wa.gov)
Signature Date:2020-10-30-7:36:58 PM GMT-Time Source:server-IP address: 198.238.202.135
Agreement completed.
2020-10-30-7:36:58 PM GMT
Adobe Sign
_Y WASHING
SIAlE
�.
Recreation and
Conservation Off ice Amendment to Project Agreement
Project Sponsor: Jefferson County Public Health Project Number: 18-1228C
Project Title: Dosewallips R Powerlines Acquisition and Design Amendment Number: 1
J
Amendment Type:
Cost Change
Amendment Description:
Increase the project funding by$100,690 of Pacific Salmon Treaty Circa Recovery funding awarded by NOAA to
complete Preliminary Designs,the sponsor match is reduced by$32,679 to$0, and Special Conditions are added.
Project Funding:
The total cost of the project for the purpose of this Agreement changes as follows:
Old Amount New Amount
Amount % Amount %
RCO-ORCA Projects $0.00 0.00% $100,690.00 37.12%
RCO-PSAR $170,529.00 83.92% $170,529.00 62.88%
Project Sponsor $32,679.00 16.08% $0.00 0.00%
Total Project Cost $203,208.00 100% $271,219.00 100%
Adrnin Limit $2,207.00 5.00% $2,207.00 5.00%
A&E Limit $0.00 0.00% $0.00 0.00%
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 Jefferson County Public Health
Recreation and Conservation Office
AGENCY:
BY:
Kaleen Cottingham S
TITLE: Director
TITLE:
DATE: jZ �aoo
DATE: + f Z '� /�.v ?-`:
Pre-approved as to form:
BY: /S/
Assistant Attorney General Ap oved as tt f rm pnly:
R'EGEFIVeL) C Date: //tingPhilip C. Hunsucker, Chief Civil Deputy Prosec
SEC0 2 2020 Jefferson County Prosecuting Attorney's Office
PSAR Project Cost Change Amendment [1
Slate Buildina Construction Account Ce WA STATE RCW 77.85.WAC 420
AME NAGR 1.RP1 RECRE47IO If ANO CONSERVATIOn OFFICE
ti WASHING ION S1A1F RCO Project Agreement
Recreation and
Conservation Office
Project Sponsor: Jefferson County Public Health Project Number: 18-1228C
Project Title: Dosewallips R Powerlines Acquisition and Design Approval Date:07/01/2019
PARTIES OF THE AGREEMENT
This Recreation and Conservation Office Agreement(Agreement) is entered into between the State of Washington by and
through the Salmon Recovery Funding Board (SRFB or funding board)and the Recreation and Conservation Office(RCO),
P.O. Box 40917, Olympia,Washington 98504-0917 and Jefferson County by and through the Jefferson County Public Health
(Sponsor, and primary Sponsor),615 Sheridan St, Port Townsend,WA 98368, and shall be binding on the agents and all
persons acting by or through the parties.
The Sponsor's Data Universal Numbering System(DUNS) Number is 184826790.
All Sponsors are equally and independently subject to all the conditions of this Agreement except those conditions that
expressly apply only to the primary Sponsor.
Per the Applicant Resolution/Authorizations submitted by all sponsors(and on file with the RCO), the identified Authorized
Representative(s)/Agent(s) have full authority to legally bind the Sponsor(s) regarding all matters related to the project,
including but not limited to, full authority to: (1)sign a grant application for grant assistance, (2)enter into this project
agreement on behalf of the Sponsor(s) (including indemnification and waiver of sovereign immunity, if applicable,as provided
therein), (3)enter any amendments thereto on behalf of the Sponsors, and(4) make any decisions and submissions required
with respect to the project. Agreements and amendments must be signed by the Authorized Representative/Agent(s)of all
sponsors, unless otherwise allowed in Amendments and Agreement Section.
If a Sponsor wishes to change its Authorized Representative/Agent as identified on the original signed Applicant
Resolution/Authorization,the Sponsor has the obligation to provide to RCO in writing a new Applicant Resolution/Authorization
signed by its governing body. Unless a new Applicant Resolution/Authorization has been provided, RCO will be entitled to rely
upon the fact that the current Authorized Representative/Agent has the authority to bind the Sponsor to the Agreement
(including any amendments thereto)and decisions related to implementation of the Agreement.
For the purposes of this Agreement,as well as for grant management purposes with RCO, only the primary Sponsor may act
as a fiscal agent to obtain reimbursements(See PROJECT REIMBURSEMENTS Section).
PURPOSE OF AGREEMENT
This Agreement sets out the terms and conditions by which a grant is made from the State Building Construction Account of
the State of Washington. The grant is administered by the Recreation and Conservation Office(RCO).
DESCRIPTION OF PROJECT
The Dosewallips Powerlines Acquisition and Design Project will conduct assessments and develop a conceptual design for
high value salmon habitat restoration actions to improve floodplain connectivity, diversity, and structure to support habitat for
the Dosewallips subpopulation of Hood Canal Summer Chum Salmon within the largely protected and unconfined Powerlines
Reach (RM 1.3-2.5).The designs will enhance and maintain exsting floodplain habitat located in protected open space owned
by Jefferson County. In addition,this project will acquire shoreline properties in the lower Lazy C in anticipation future
restoration needs.Access agreements or easements will also be acquired to support implementation of the preliminary design,
as needed.
This project is identified in the HCCC prioritization guidance document for Freshwater Habitat:Large stream channel
conditions for large wood and sediment deposits and for Freshwater Habitat: Climate change,"Actions aimed at ameliorating
the effects of climate change should protect existing core habitats that support populations of concern and aim to restore
normative in-channel, floodplain, sediment supply and transport, and flow regime characteristics as quickly as possible."
Summer chum is one species anticipated to be affected the most by climate change. The identified solution is to"Maintain and
promote aggressive approaches to salmon habitat restoration and protection priorities that account for climate change."
PERIOD OF PERFORMANCE
The period of performance begins on July 1,2019(project start date)and ends on June 30, 2021 (project end date). No
allowable cost incurred before or after this period is eligible for reimbursement unless specifically provided for by written
amendment or addendum to this Agreement,or specifically provided for by applicable RCWs,WACs, and any applicable RCO
manuals as of the effective date of this Agreement.
The Sponsor must request extensions of the period of performance at least 60 days before the project end date.
RCO: 18-1228 Revision Date: 1/1/2019 Page 1 of 27
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 acquisition portion of this project,the sponsor's on-going obligations shall be in perpetuity and shall survive the
completion/termination of this Project Agreement unless otherwise identified in the Agreement or as approved by the funding
board. It is the intent of the funding board's conversion policy(see the Long-Term Obligations Of The Project Sponsors
section)that all lands acquired and or facilities and areas developed, renovated,or restored with funding assistance remain in
the public domain in perpetuity. 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$170,529.00.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
SRFB -Puget Sound Acq.&Restoration 83.92% $170,529.00 State
Project Sponsor 16.08% $32,679.00
Total Project Cost 100.00% $203,208.00
FEDERAL FUND INFORMATION
This project is match to the following federal funding source(s)and the same provisions apply as if this project were funded by
the federal funding source(s) as a federal subaward:
Federal Agency: US Environmental Protection Agency
Catalog of Federal Domestic Assistance Number and Name:66.456-PSP
Federal Award Identification Number: CE-01J31901
Federal Fiscal Year: 2017
Federal Award Date: 09/08/2017
Total Federal Award: $17,438.600
Federal Award Project Description:This Base Grant is for the Puget Sound National Estuary Program.This backbone
organization role includes: Program level financial management; researching funding opportunities; providing program match
for local and tribal capacity grants;demonstrating sound fiscal management practices;Administering the Partnership's Boards
and partners in the development of the Action Agenda; Supporting direct public engagement; Coordinating and implementing a
strategic science program to support Puget Sound ecosystem recovery, Ecosystem Assessment and Monitoring; and
Reporting on outputs and outcomes.
This funding is not research and development(R&D).
If the Sponsor's total federal expenditures are$750,000 or more during the Sponsor's fiscal-year, the Sponsor is required to
have a federal single audit conducted for that year in compliance with 2 C.F.R. Part 200, Sub Part F—Audit Requirements,
Section 500(2013).The Sponsor must provide a copy of the final audit report to RCO within nine months of the end of the
Sponsor's fiscal year, unless a longer period is agreed to in advance by the federal agency identified in this section.
RCO may suspend all reimbursements if the Sponsor fails to timely provide a single federal audit;further the RCO reserves
the right to suspend any and all RCO Agreement(s)with the Sponsor if such noncompliance is not promptly cured.
RIGHTS AND OBLIGATIONS INTERPRETED IN LIGHT OF RELATED DOCUMENTS
All rights and obligations of the parties under this Agreement are further specified in and shall be interpreted in light of the
Sponsor's application and the project summary and eligible scope activities under which the Agreement has been approved as
well as documents produced in the course of administering the Agreement, including the eligible scope activities,the
milestones report, progress reports, and the final report. Provided,to the extent that information contained in such documents
is irreconcilably in conflict with this Agreement, it shall not be used to vary the terms of the Agreement, unless those terms are
shown to be subject to an unintended error or omission. This"Agreement"as used here and elsewhere in this document,
unless otherwise specifically stated, has the meaning set forth in the definitions of the Standard Terms and Conditions.
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
RCO: 18-1228 Revision Date: 1/1/2019 Page 2 of 27
scope adjustments consented to in writing(including email)by the Sponsor need only be signed by RCO's director or
designee, unless otherwise provided for in another agreement a Sponsor has with the RCO.This exception does not apply to
a federal government Sponsor or a Sponsor that requests and enters into a formal amendment for extensions or minor scope
adjustments.
It is the responsibility of a Sponsor to ensure that any person who signs an amendment on its behalf is duly authorized to do
so, and such signature shall be binding on the Sponsor if the representative/agent signing has been authorized to do so by
Applicant Resolution/Authorization provided to the RCO and such Applicant Resolution/Authorization has not been withdrawn
by the governing body in a subsequent resolution.
Any amendment to this Agreement,unless otherwise expressly stated, shall be deemed to include all current federal, state,
and local government laws and rules, and policies applicable and active and published in the applicable RCO manuals or on
the RCO website in effect as of the effective date of the amendment,without limitation to the subject matter of the amendment.
Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only
prospectively and shall not require that an act previously done in compliance with existing requirements be redone.
COMPLIANCE WITH APPLICABLE STATUTES, RULES,AND POLICIES
This Agreement is governed by, and the sponsor shall comply with, all applicable state and federal laws and regulations,
applicable RCO manuals as identified below, and any applicable federal program and accounting rules effective as of the date
of this Agreement, and with respect to any amendments to this Agreement, as of the effective date of that amendment.
Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only
prospectively and shall not require that an act previously done in compliance with existing requirements be redone.
For the purpose of this Agreement,WAC Title 420, SRFB policies, and shall apply as terms of this Agreement.
For the purpose of this Agreement,the following RCO manuals are deemed applicable and shall apply as terms of this
Agreement:
• Acquisition Projects-Manual 3
• Long Term Obligations-Manual 7
• Reimbursements- Manual 8
• Salmon Recovery Grants-Manual 18
SPECIAL CONDITIONS
The planning and design deliverables of this project must meet the standards for conceptual design as specified in Manual 18
Appendix D-1 .
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 Josh Lambert
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 Josh.Lambert@rco.wa.gov
These addresses and contacts shall be effective until receipt by one party from the other of a written notice of any change.
Decisions relating to the Agreement must be made by the Authorized Representative/Agent,who may or may not be the
Project Contact for purposes of notices and communications.
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.
RCO: 18-1228 Revision Date: 1/1/2019 Page 3 of 27
EFFECTIVE DATE
This Agreement,for project 18-1228, shall be subject to the written approval of the RCO's authorized representative and shall
not be effective and binding until the date signed by both the sponsor and the RCO,whichever is later(Effective Date).
Reimbursements for eligible and allowable costs incurred within the period of performance identified in the PERIOD OF
PERFORMANCE Section are allowed only when this Agreement is fully executed and an original is received by RCO.
The Sponsor has read, fully understands, and agrees to be bound by all terms and conditions as set forth in this Agreement
and the STANDARD TERMS AND CONDITIONS OF THE RECREATION AND CONSERVATION OFFICE AGREEMENT.
The signators listed below represent and warrant their authority to bind the parties to this Agreement.
Jefferson County Public Health
By: Date:
Name(printed): TeQc !.l
Approved a o orm only: L
r /w .9 _ Date:
Title: i�L(/� ���j �. S/
Philip C. Hunsucker,Chief Civil Deputy Prosecuting Attorney
Jefferson County Prosecuting Attorneys Office
State of Washington Recreation and Conservation Office
On behalf of the S;Yalee
ecove Funding Board (SRFB or funding board) C,
By: Date: 1112n Cottingham
Director
Recreation and Conservation Office
Pre-approved as to form:
By: Date: 01/01/2019
Assistant Attorney General
RECEIVED
0 2019
WA SPATE
p CZF,ATION AND CONSL•RVATION OFFICE
RCO: 18-1228 Revision Date: 1/1/2019 Page 4 of 27
WA>„IN610N S, Ik RCO Project Agreement
Recreation and
Conservation Of4
Project Sponsor: Jefferson County Public Health Project Number: 18-1228C
Project Title: Dosewallips R Powerlines Acquisition and Design Approval Date:07/01/2019
Eligible Scope Activities
ELIGIBLE SCOPE ACTIVITIES
Acquisition Metrics
Property: Pino(Worksite#1, Powerlines Reach of the Dosewallips
River)
Real Property Acquisition
Land
Acres by Acreage Type(fee simple):
Riparian 0.52
Existing structures on site: No structures on site
Incidentals
Agency Indirect(Acq)
Appraisal
Appraisal Review
Boundary line adjustment
Closing, Recording, Taxes, Title
Environmental Audits
Noxious weed control
Acres treated for noxious weeds by method:
Chemical 0.52
Survey (Acq)
Administrative Costs (Acq)
Administrative costs(Acq)
Planning Metrics
Worksite#1, Powerlines Reach of the Dosewallips River
Targeted salmonid ESU/DPS(A.23): Chinook Salmon-Puget Sound ESU,Chum
Salmon-Hood Canal Summer-run ESU, Coho
Salmon-Puget Sound/Strait of Georgia ESU, Pink
Salmon-Odd year ESU, Steelhead-Puget Sound
DPS
Targeted species(non-ESU species): Bull Trout, Cutthroat, Rainbow, Searun Cutthroat
Area Encompassed (acres) (B.O.b.1): 62.0
Miles of Stream and/or Shoreline Affected(B.O.b.2): 1.20
Miles of Stream and/or Shoreline Treated or Protected (C.O.b): 0.50
Project Identified In a Plan or Watershed Assessment(C.O.c): Guidance for Prioritizing Salmonid Stocks, Issues,
and Actions for the Hood Canal Coordinating
Council, Internet,
https://hcccwagov.app.box.com/s/ru01 xmw6g5yg
a4b2c5mo9f19km5bvxkt
Type Of Monitoring(C.O.d.1): None
Design for Salmon restoration
Conceptual Design
RCO: 18-1228 Revision Date: 1/1/2019 Page 5 of 27
Project Identified in a Plan or Watershed Assessment. (2457) NA
(B.1.b.11.a):
Priority in Recovery Plan (2458)(B.1.b.11.b): NA
Salmonid Habitat Assessment/Inventory
Habitat surveys (B.2.d)
Acres of habitat assessed (B.2.d.2): 62.0
Amount Of Habitat Assessed That Needed Restoration (B.2.d.3): 62.0
Type of Habitat Assessment(B.2.d.1): Floodplain mapping, Invasive species, LiDAR or
other remote sensing, Riparian condition
Landowner willingness inventory
Document Name (1224): Outreach to gage landowner willingness and also
to garner public support for restoration in the Lazy
C and Brinnon communities.
Number of landowers contacted: 30
Agency Indirect Costs
Agency Indirect
RCO: 18-1228 Revision Date: 1/1/2019 Page 6 of 27
�,�,„„NG ,N, , , RCO Project Agreement
41 Recreation and
Conservation Offi,
Project Sponsor: Jefferson County Public Health Project Number: 18-1228C
Project Title: Dosewallips R Powerlines Acquisition and Design Approval Date:07/01/2019
Project Milestones
PROJECT MILESTONE REPORT
Complete Milestone Target Date Comments/Description
X Cultural Resources Complete 11/21/2018 Exempt from EO 05-05: No Ground Disturbance.
No further cultural resources review is required at
this time.
Project Start 07/01/2019
Other 12/01/2019 Landowner outreach begins
Progress Report Due 12/31/2019
Data Gathering Started 01/01/2020
Order Appraisal(s) 01/01/2020
RFP Complete/Consultant Hired 01/01/2020
Order Appraisal Review(s) 02/01/2020
Purchase Agreement Signed 04/01/2020
Environmental Assess Complete 06/01/2020
Acquisition Closing 06/01/2020
Annual Project Billing Due 06/30/2020
Progress Report Due 06/30/2020
Recorded Acq Documents to RCO 12/01/2020
Progress Report Due 12/31/2020
RCO Final Inspection 05/01/2021
Funding Acknowl Sign Posted 05/01/2021
Noxious Weed Control Complete 06/30/2021
Agreement End Date 06/30/2021
Final Billing Due 06/30/2021
Final Plan to RCO 06/30/2021 Conceptual design and report
Final Report Due 06/30/2021
Stewardship Plan to RCO 06/30/2021
RCO: 18-1228 Revision Date: 1/1/2019 Page 7 of 27
WASH1No,01Y S,A1F RCO Project Agreement
b Recreation and
conservation off i.
Project Sponsor: Jefferson County Public Health Project Number: 18-1228C
Project Title: Dosewallips R Powerlines Acquisition and Design Approval Date:07/01/2019
Standard Terms and Conditions of the Recreation and
Conservation Office
Table of Contents
STANDARD TERMS AND CONDITIONS EFFECTIVE DATE......................................................................................................9
CITATIONS, HEADINGS AND DEFINITIONS ..............................................................................................................................9
PERFORMANCEBY THE SPONSOR........................................................................................................................................11
ASSIGNMENT.............................................................................................................................................................................11
RESPONSIBILITYFOR PROJECT.............................................................................................................................................11
INDEMNIFICATION.....................................................................................................................................................................11
INDEPENDENTCAPACITY OF THE SPONSOR.......................................................................................................................12
CONFLICTOF INTEREST..........................................................................................................................................................12
COMPLIANCEWITH APPLICABLE LAW...................................................................................................................................12
RECORDS...................................................................................................................................................................................13
PROJECTFUNDING...................................................................................................................................................................14
PROJECTREIMBURSEMENTS.................................................................................................................................................14
ADVANCEPAYMENTS...............................................................................................................................................................15
RECOVERYOF PAYMENTS......................................................................................................................................................15
COVENANT AGAINST CONTINGENT FEES.............................................................................................................................16
INCOME (AND FEES)AND USE OF INCOME...........................................................................................................................16
PROCUREMENTREQUIREMENTS...........................................................................................................................................16
TREATMENTOF EQUIPMENT AND ASSETS...........................................................................................................................17
RIGHTOF INSPECTION.............................................................................................................................................................17
STEWARDSHIPAND MONITORING.........................................................................................................................................17
ACKNOWLEDGMENTAND SIGNS............................................................................................................................................17
PROVISIONS APPLYING TO ACQUISITION PROJECTS.........................................................................................................18
LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS .....................................................................................19
CONSTRUCTION, OPERATION, USE,AND MAINTENANCE OF ASSISTED PROJECTS.....................................................19
PROVISIONSFOR FEDERAL SUBAWARDS............................................................................................................................20
PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS.............................................................................22
PROVISIONS FOR PUGET SOUND ACQUISITION AND RESTORATION PROJECTS..........................................................22
ORDEROF PRECEDENCE........................................................................................................................................................25
LIMITATIONOF AUTHORITY.....................................................................................................................................................25
WAIVEROF DEFAULT...............................................................................................................................................................25
APPLICATION REPRESENTATIONS—MISREPRESENTATIONS OR INACCURACY OR BREACH.....................................25
SPECIFICPERFORMANCE.......................................................................................................................................................26
TERMINATIONAND SUSPENSION...........................................................................................................................................26
DISPUTEHEARING....................................................................................................................................................................27
ATTORNEYS' FEES....................................................................................................................................................................27
GOVERNINGLAWNENUE.........................................................................................................................................................27
SEVERABILITY...........................................................................................................................................................................27
ENDOF AGREEMENT...............................................................................................................................................................27
RCO: 18-1228 Revision Date: 1/1/2019 Page 8 of 27
STANDARD TERMS AND CONDITIONS EFFECTIVE DATE
This agreement reflects Standard Terms and Conditions as of 08/21/2019.
CITATIONS, HEADINGS AND DEFINITIONS
A. Any citations referencing specific documents refer to the current version on the effective date of this Agreement or the
effective date of any amendment thereto.
B. Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of
this Agreement.
C. Definitions. As used throughout this Agreement,the following terms shall have the meaning set forth below:
acquisition project—A project that purchases or receives a donation of fee or less than fee interests in real property.
These interests include, but are not limited to, conservation easements, access/trail easements, covenants,water
rights, leases, and mineral rights.
Agreement or project agreement—The document entitled"Recreation and Conservation Office Agreement"
accepted by all parties to the present project and transaction, including without limitation the Standard Terms and
Conditions of the Recreation and Conservation Office Agreement, all attachments, addendums, and amendments,
and any intergovernmental agreements or other documents that are incorporated into the Agreement subject to any
limitations on their effect.
applicable manual(s)--A manual designated in this Agreement to apply as terms of this Agreement, subject to
substitution of the"RCO director'for instances where the term"board"occurs.
applicable WAC(s)-- Designated chapters or provisions of the Washington Administrative Code that are deemed
under this Agreement to apply as terms of the Agreement, subject to substitution of the"RCO director"for instances
where the term"board"occurs.
applicant—Any party that meets the qualifying standards, including deadlines, for submission of an application
soliciting a grant of funds administered by RCO.
application—The documents and other materials that an applicant submits to the RCO to support the applicant's
request for grant funds;this includes materials required for the"Application"in the RCO's automated project
information system, and other documents as noted on the application checklist including but not limited to legal
opinions, maps, plans,evaluation presentations and scripts.
Authorized Representative/Agent—A Sponsor's agent(employee, political appointee, elected person,etc.)
authorized to be the signatory of this Agreement and any amendments requiring a Sponsor signature. This person
has the signature authority to bind the Sponsor to this Agreement,grant, and project.
C.F.R.—Code of Federal Regulations
contractor—An entity that receives a contract from a Sponsor related to performance of work or another obligation
under this Agreement.
conversion—A conversion occurs 1)when facilities acquired, developed, renovated or restored within the project
area are changed to a use other than that for which funds were approved,without obtaining prior written formal RCO
or board approval, 2)when property interests are conveyed to a third party not otherwise eligible to receive grants in
the program from which funding was approved without obtaining prior written formal RCO or board approval, or 3)
when obligations to operate and maintain the funded property are not complied with after reasonable opportunity to
cure.
director—The chief executive officer of the Recreation and Conservation Office or that person's designee.
effective date—The date when the signatures of all parties to this agreement are present in the agreement.
equipment—Tangible personal property(including information technology systems)having a useful service life of
more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level
established by the Sponsor or$5,000(2 C.F.R. §200.33(2013)).
funding board or board—The Washington State Recreation and Conservation Funding Board, or the Washington
State Salmon Recovery Funding Board. Or both as may apply.
RCO: 18-1228 Revision Date: 1/1/2019 Page 9 of 27
Funding Entity—the entity that approves the project that is the subject to this Agreement.
grant program—The source of the grant funds received. May be an account in the state treasury, or a grant category
within a larger grant program,or a federal source.
indirect cost—Costs incurred for a common or joint purpose benefitting more than one cost objective,and not
readily assignable to the cost objectives specifically benefitted,without effort disproportionate to the results achieved
(2 C.F.R.§200.56 (2013)).
long-term compliance period—The period of time after the project end date or end of the period of performance
(depending on the project types and grant program). During this period,the Sponsor has continuing obligations under
the Agreement.This period may have a nonspecific end date(in perpetuity)or an expressly specified number of
years.
long-term obligations—Sponsor's obligations after the project end date, as specified in the Agreement and
applicable regulations and policies.
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.
RCW—Revised Code of Washington
RCO: 18-1228 Revision Date: 1/1/2019 Page 10 of 27
secondary Sponsor—One of two or more Sponsors who is not a primary Sponsor. Only the primary Sponsor may
be the fiscal agent for the project.
Sponsor—A Sponsor is an organization that is listed in and has signed this Agreement.
Sponsor Authorized Representative/Agent—A Sponsor's agent(employee, political appointee,elected person,
etc.)authorized to be the signatory of this Agreement and any amendments requiring a Sponsor signature.This
person has the signature authority to bind the Sponsor to this Agreement,grant, and project.
SRFB—Salmon Recovery Funding Board
subaward—Funds allocated to the RCO from another organization, for which RCO makes available to or assigns to
another organization via this Agreement.Also, a subaward may be an award provided by a pass-through entity to a
subrecipient for the subrecipient to carry out part of any award received by the pass-through entity. It does not include
payments to a contractor or payments to an individual that is a beneficiary of a federal or other program.A subaward
may be provided through any form of legal agreement, including an agreement that the pass-through entity considers
a contract.Also see 2 C.F.R. § 200.92(2013). For federal subawards, a subaward is for the purpose of carrying out a
portion of a Federal award and creates a federal assistance relationship with the subrecipient(2 C.F.R. §200.330
(2013)). If this Agreement is a federal subaward, the subaward amount is the grant program amount in 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
-- ----- -- ----- ---
RCO: 18-1228 Revision Date: 1/1/2019 Page 11 of 27
other persons for whom the Sponsor may be legally liable.
Provided that nothing herein shall require a Sponsor to defend or indemnify the State against and hold harmless the State
from claims, demands or suits based solely upon the negligence of the State, its employees and/or agents for whom the State
is vicariously liable.
Provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the Sponsor or the
Sponsor's agents,employees,contractors, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor
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
RCO: 18-1228 Revision Date: 1/1/2019 Page 12 of 27
all costs or liability arising from the Sponsor's failure to so comply with applicable law. Except where a
nondiscrimination clause required by a federal funding agency is used,the Sponsor shall insert the following
nondiscrimination clause in each contract for construction of this project:
"During the performance of this contract, the contractor agrees to comply with all federal and state nondiscrimination
laws, regulations and policies."
B. Secular Use of Funds. No funds awarded under this grant may be used to pay for any religious activities,worship,or
instruction, or for lands and facilities for religious activities,worship,or instruction. Religious activities,worship, or
instruction may be a minor use of the grant supported recreation and conservation land or facility.
C. Wages and Job Safety.The Sponsor agrees to comply with all applicable laws, regulations, and policies of the
United States and the State of Washington or other jurisdiction which affect wages and job safety.The Sponsor
agrees when state prevailing wage laws(RCW 39.12)are applicable,to comply with such laws,to pay the prevailing
rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this contract,and to
file a statement of intent to pay prevailing wage with the Washington State Department of Labor and Industries as
required by RCW 39.12.40.The Sponsor also agrees to comply with the provisions of the rules and regulations of the
Washington State Department of Labor and Industries .
D. Archaeological and Cultural Resources. RCO facilitates the review of applicable projects for potential impacts to
archaeological sites and state cultural resources.The Sponsor must assist RCO in compliance with Governor's
Executive Order 05-05 or the National Historic Preservation Act before and after initiating ground-disturbing activity or
construction, repair, installation, rehabilitation, renovation,or maintenance work on lands, natural resources, or
structures.The funding board requires documented compliance with Executive Order 05-05 or Section 106 of the
National Historic Preservation Act,whichever is applicable to the project. If a federal agency declines to consult,the
Sponsor shall comply with the requirements of Executive Order 05-05. In the event that archaeological or historic
materials are discovered during project activities,work in the location of discovery and immediate vicinity must stop
instantly,the area must be secured, and notification must be provided to the following:concerned Tribes'cultural staff
and cultural committees, RCO, and the State Department of Archaeology and Historic Preservation. If human remains
are discovered during project activity,work in the location of discovery and immediate vicinity must stop instantly,the
area must be secured, and notification provided to the concerned Tribe's cultural staff and cultural committee, RCO,
State Department of Archaeology,the coroner and local law enforcement in the most expeditious manner possible
according to RCW 68.50.
E. Restrictions on Grant Use. No part of any funds provided under this grant shall be used,other than for normal and
recognized executive-legislative relationships,for publicity or propaganda purposes,or for the preparation,
distribution,or use of any kit, pamphlet, booklet, publication, radio,television, or video presentation designed to
support or defeat legislation pending before the U.S. Congress or any state legislature.
No part of any funds provided under this grant shall be used to pay the salary or expenses of any Sponsor, or agent
acting for such Sponsor, related to any activity designed to influence legislation or appropriations pending before the
U.S. Congress or any state legislature.
F. Debarment and Certification. By signing the Agreement with RCO, the Sponsor certifies that neither it nor its
principals nor any other lower tier participant are presently debarred, suspended, proposed for debarment,declared
ineligible or voluntarily excluded from participation in this transaction by Washington State Labor and Industries.
Further,the Sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party
that is on Washington State Department of Labor and Industries'"Debarred Contractor List."
RECORDS
A. Digital Records. If requested by RCO,the Sponsor must provide a digital file(s)of the project property and funded
project site in a format specified by the RCO.
B. Maintenance. The Sponsor shall maintain books, records, documents, data and other evidence relating to this
Agreement and performance of the services described herein, including but not limited to accounting procedures and
practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance
of this Agreement. Sponsor shall retain such records for a period of six years from the date RCO deems the project
complete, as defined in the PROJECT REIMBURSEMENTS Section. If any litigation, claim or audit is started before
the expiration of the six(6)year period,the records shall be retained until all litigation,claims, or audit findings
involving the records have been resolved.
C. Access to Records and Data.At no additional cost,the records relating to the Agreement, including materials
generated under the Agreement, shall be subject at all reasonable times to inspection, review or audit by RCO,
personnel duly authorized by RCO,the Office of the State Auditor, and federal and state officials so authorized by
law, regulation or agreement.This includes access to all information that supports the costs submitted for payment
under the grant and all findings,conclusions, and recommendations of the Sponsor's reports, including computer
models and methodology for those models.
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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. Requirements for Federal Subawards. Pre-Agreement costs before the federal award date in the FEDERAL FUND
INFORMATION Section are ineligible unless approved by the federal award agency(2 C.F.R§200.458 (2013)).
E. After the Period of Performance. No expenditure made, or obligation incurred, following the period of performance
shall be eligible, in whole or in part,for grant funds hereunder. In addition to any remedy the RCO or Funding Entity
may have under this Agreement, the grant amounts identified in this Agreement shall be reduced to exclude any such
expenditure from participation.
PROJECT REIMBURSEMENTS
A. Reimbursement Basis.This Agreement is administered on a reimbursement basis per WAC 286-13 and/or 420-12,
which ever has been designated to apply. Only the primary Sponsor may request reimbursement for eligible and
allowable costs incurred during the period of performance.The primary Sponsor may only request reimbursement
after(1)this Agreement has been fully executed and (2)the Sponsor has remitted payment to its vendors. RCO will
authorize disbursement of project funds only on a reimbursable basis at the percentage as defined in the PROJECT
FUNDING Section. Reimbursement shall not be approved for any expenditure not incurred by the Sponsor or for a
donation used as part of its matching share. RCO does not reimburse for donations.All reimbursement requests must
include proper documentation of expenditures as required by RCO.
B. Reimbursement Request Frequency.The primary Sponsor is required to submit a reimbursement request to RCO,
at a minimum for each project at least once a year for reimbursable activities occurring between July 1 and June 30 or
as identified in the milestones. Sponsors must refer to the most recent applicable RCO manuals and this Agreement
regarding reimbursement requirements.
C. Compliance and Payment.The obligation of RCO to pay any amount(s) under this Agreement is expressly
conditioned on strict compliance with the terms of this Agreement and other agreements between RCO and the
Sponsor.
D. Retainage Held Until Project Complete. RCO reserves the right to withhold disbursement of the total amount of the
grant to the Sponsor until the project has been completed. A project is considered"complete"when:
1. All approved or required activities outlined in the Agreement are done;
2. On-site signs are in place(if applicable);
3. A final project report is submitted to and accepted by RCO;
4. Any other required documents and media are complete and submitted to RCO;
5. A final reimbursement request is submitted to RCO;
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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.
E. Requirements for Federal Subawards: Match. The Sponsor's matching share must comply with 2 C.F.R. §200.306
(2013).Any shared costs or matching funds and all contributions, including cash and third party in-kind contributions,
can be accepted as part of the Sponsor's matching share when such contributions meet all of the following criteria:
1. Are verifiable from the non-Federal entity's(Sponsor's)records;
2. Are not included as contributions for any other Federal award;
3. Are necessary and reasonable for accomplishment of project or program objectives;
4. Are allowable under 2 C.F.R. Part 200, Subpart E—Cost Principles(2013);
5. Are not paid by the Federal Government under another Federal award, except where the Federal statute
authorizing a program specifically provides that Federal funds made available for such program can be
applied to matching or cost sharing requirements of other Federal programs;
6. Are provided for in the approved budget when required by the Federal awarding agency identified in the
FEDERAL FUND INFORMATION Section of this Agreement; and
7. Conform to other provisions of 2 C.F.R. Part 200, Subpart D—Post Federal Award Requirements(2013),as
applicable.
F. Requirements for Federal Subawards: Closeout. Per 2 C.F.R§200.343(2013),the non-Federal entity(Sponsor)
must:
1. Submit, no later than 90 calendar days after the end date of the period of performance, all financial,
performance, and other reports as required by the terms and conditions of the Federal award.The Federal
awarding agency or pass-through entity(RCO) may approve extensions when requested by the Sponsor.
2. Liquidate all obligations incurred under the Federal award not later than 90 calendar days after the end date
of the period of performance as specified in the terms and conditions of the Federal award.
3. Refund any balances of unobligated cash that the Federal awarding agency or pass-through entity(RCO)
paid in advance or paid and that are not authorized to be retained by the non-Federal entity(Sponsor)for
use in other projects. See OMB Circular A-129 and see 2 C.F.R§200.345 Collection of amounts due(2013),
for requirements regarding unreturned amounts that become delinquent debts.
4. Account for any real and personal property acquired with Federal funds or received from the Federal
Government in accordance with 2 C.F.R§§200.310 Insurance coverage through 200.316 Property rust
relationship and 200.329 Reporting on real property(2013).
ADVANCE PAYMENTS
Advance payments of or in anticipation of goods or services are not allowed unless approved by the RCO director and are
consistent with legal requirements and Manual 8: Reimbursements.
RECOVERY OF PAYMENTS
A. Recovery for Noncompliance. In the event that the Sponsor fails to expend funds under this Agreement in
accordance with state and federal laws,and/or the provisions of the Agreement, or meet its percentage of the project
total, RCO reserves the right to recover grant award funds in the amount equivalent to the extent of noncompliance in
addition to any other remedies available at law or in equity.
B. Overpayment Payments.The Sponsor shall reimburse RCO for any overpayment or erroneous payments made
under the Agreement. Repayment by the Sponsor of such funds under this recovery provision shall occur within 30
days of demand by RCO. Interest shall accrue at the rate of twelve percent(12%) per annum from the time that
payment becomes due and owing.
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C. Requirements for Federal Subawards. RCO, acting as a pass-through entity, may impose any of the remedies as
authorized in 2 C.F.R§§200.207 Specific conditions and/or 200.338 Remedies for noncompliance(2013).
COVENANT AGAINST CONTINGENT FEES
The Sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an
agreement or understanding for a commission, percentage, brokerage or contingent fee,excepting bona fide employees or
bona fide established agents maintained by the Sponsor for the purpose of securing business. RCO shall have the right, in the
event of breach of this clause by the Sponsor,to terminate this Agreement without liability or,in its discretion,to deduct from
the Agreement grant amount or consideration or recover by other means the full amount of such commission, percentage,
brokerage or contingent fee.
INCOME (AND FEES)AND USE OF INCOME
A. Compatible source.The source of any income generated in a funded project or project area must be compatible with
the funding source and the Agreement and any applicable manuals, RCWs,and WACs.
B. Use of Income. Subject to any limitations contained in applicable state or federal law and applicable rules and
policies, income or fees generated at a project work site(including entrance, utility corridor permit,cattle grazing,
timber harvesting,farming,etc.)during or after the reimbursement period cited in the Agreement, must be used to
offset:
1. The Sponsor's matching resources;
2. The project's total cost;
3. The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program
assisted by the grant funding;
4. The expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the
Sponsor's system;
5. Capital expenses for similar acquisition and/or development and renovation;and/or
6. Other purposes explicitly approved by RCO.
C. Fees. User and/or other fees may be charged in connection with land acquired or facilities developed, maintained,
renovated,or restored and shall be consistent with the:
1. Grant program laws, rules, and applicable manuals;
2. Value of any service(s)furnished;
3. Value of any opportunities furnished; and
4. Prevailing range of public fees in the state for the activity involved.
D. Requirements for Federal Subawards.Sponsors must also comply with 2 C.F.R. §200.307 Program income
(2013).
PROCUREMENT REQUIREMENTS
A. Procurement Requirements. If the Sponsor has,or is required to have,a procurement process that follows
applicable state and/or federal law or procurement rules and principles, it must be followed, documented, and
retained. If no such process exists the Sponsor must follow these minimum procedures:
1. Publish a notice to the public requesting bids/proposals for the project;
2. Specify in the notice the date for submittal of bids/proposals;
3. Specify in the notice the general procedure and criteria for selection; and
4. Sponsor must contract or hire from within its bid pool. If bids are unacceptable the process needs to be
repeated until a suitable bid is selected.
5. Comply with the same legal standards regarding unlawful discrimination based upon race, gender,ethnicity,
sex,or sex-orientation that are applicable to state agencies in selecting a bidder or proposer.
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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.
B. Requirements for Federal Subawards.
1. For all Federal subawards,non-Federal entities(Sponsors)must follow 2 C.F.R§§200.318 General
procurement standards through 200,326 Contract Provisions(2013).
TREATMENT OF EQUIPMENT AND ASSETS
Equipment shall be used and managed only for the purpose of this Agreement , unless otherwise provided herein or in the
applicable manuals, or approved by RCO in writing.
A. Discontinued Use. Equipment obtained under this Agreement shall remain in the possession of the Sponsor for the
duration of the project,or RULES of applicable grant assisted program.When the Sponsor discontinues use of the
equipment for the purpose for which it was funded, RCO may require the Sponsor to deliver the equipment to RCO,
or to dispose of the equipment according to RCO published policies.
B. Loss or Damage.The Sponsor shall be responsible for any loss or damage to equipment.
C. Requirements for Federal Subawards. Procedures for managing equipment(including replacement equipment),
whether acquired in whole or in part under a Federal award or match for the award, until disposition takes place will,
at a minimum, meet the following requirements(2 C.F.R§200,313(2013)):
1. Property records must be maintained that include a description of the property, a serial number or other
identification number,the source of funding for the property(including the Federal Award Identification
Number),who holds title,the acquisition date, and cost of the property, percentage of Federal participation in
the project costs for the Federal award under which the property was acquired,the location, use and
condition of the property,and any ultimate disposition data including the date of disposal and sale price of
the property.
2. A physical inventory of the property must be taken and the results reconciled with the property records at
least once every two years.
3. A control system must be developed to ensure adequate safeguards to prevent loss,damage,or theft of the
property.Any loss, damage, or theft must be investigated.
4. Adequate maintenance procedures must be developed to keep the property in good condition.
5. If the non-Federal entity is authorized or required to sell the property, proper sales procedures must be
established to ensure the highest possible return.
RIGHT OF INSPECTION
The Sponsor shall provide right of access to the project to RCO, or any of its officers,or to any other authorized agent or
official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate
performance, long-term obligations, compliance,and/or quality assurance under this Agreement. If a landowner agreement or
other form of control and tenure has been executed, it will further stipulate and define the RCO's right to inspect and access
lands acquired or developed with this funding assistance.
STEWARDSHIP AND MONITORING
Sponsor agrees to perform monitoring and stewardship functions as stated in the applicable WACs and manuals,this
Agreement, or as otherwise directed by RCO consistent with the existing laws and applicable manuals. Sponsor further agrees
to utilize, where applicable and financially feasible, any monitoring protocols recommended by the RCO; provided that RCO
does not represent that any monitoring it may recommend will be adequate to reasonably assure project performance or
safety. It is the sole responsibility of the Sponsor to perform such additional monitoring as may be adequate for such purposes.
ACKNOWLEDGMENT AND SIGNS
A. Publications.The Sponsor shall include language which acknowledges the funding contribution of the applicable
grant program to this project in any release or other publication developed or modified for,or referring to,the project
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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 ACQUISITION PROJECTS
The following provisions shall be in force:
A. Evidence of Land Value. Before disbursement of funds by RCO as provided under this Agreement,the Sponsor
agrees to supply documentation acceptable to RCO that the cost of the property rights acquired has been established
according to all applicable manuals and RCWs or WACs.
B. Evidence of Title.The Sponsor agrees to provide documentation that shows the type of ownership interest for the
property that has been acquired. This shall be done before any payment of financial assistance.
C. Legal Description of Real Property Rights Acquired.The legal description of the real property rights purchased
with funding assistance provided through this Agreement(and protected by a recorded conveyance of rights to the
State of Washington) shall be delivered to RCO before final payment.
D. Conveyance of Rights to the State of Washington.When real property rights (both fee simple and lesser interests)
are acquired,the Sponsor agrees to execute an appropriate document(provided or approved by RCO)conveying
certain rights and responsibilities to RCO or the Funding Entity on behalf of the State of Washington or another
agency of the state, or federal agency, or other organization.These documents include a Deed of Right,Assignment
of Rights, Easements and/or Leases as described below.The Sponsor agrees to use document language provided by
RCO,to record the executed document in the County where the real property lies, and to provide a copy of the
recorded document to RCO.The document required will vary depending on the project type,the real property rights
being acquired and whether or not those rights are being acquired in perpetuity.
1. Deed of Right.The Deed of Right as described in RCO Manual#3 conveys to the people of the state of
Washington the right to preserve, protect, access, and/or use the property for public purposes consistent with
the funding source and project agreement. Sponsors shall use this document when acquiring real property
rights that include the underlying land. This document may also be applicable for those easements where the
Sponsor has acquired a perpetual easement for public purposes.
2. Assignment of Rights.The Assignment of Rights as described in RCO Manual#3 document transfers
certain rights to RCO and the state such as public access, access for compliance, and enforcement.
Sponsors shall use this document when an easement or lease is being acquired under this Agreement. The
Assignment of Rights requires the signature of the underlying landowner and must be incorporated by
reference in the easement document.
3. Easements and Leases. The Sponsor may incorporate required language from the Deed of Right or
Assignment of Rights directly into the easement or lease document,thereby eliminating the requirement for a
separate document. Language will depend on the situation; Sponsor must obtain RCO approval on the draft
language prior to executing the easement or lease.
E. Real Property Acquisition and Relocation Assistance. In the event that housing and relocation costs and
procedures are required by local, state,tribal,or federal law, or rule; the Sponsor agrees to provide such housing and
relocation assistance as a condition of the Agreement and receiving grant funds.
F. Buildings and Structures. In general, grant funds are to be used for outdoor recreation, conservation, or salmon
recovery. Sponsors agree to remove or demolish ineligible structures. Sponsor must consult with RCO regarding
treatment of such structures and compliance with COMPLIANCE WITH APPLICABLE LAW SECTION,Archeological
and Cultural Resources paragraph.
G. Hazardous Substances.
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1. Certification.The Sponsor shall inspect, investigate, and conduct an environmental audit of the proposed
acquisition site for the presence of hazardous substances, as defined in RCW 70.105D.020(13), and certify:
a. No hazardous substances were found on the site,or
b. Any hazardous substances found have been treated and/or disposed of in compliance with
applicable state and federal laws, and the site deemed"clean."
2. Responsibility. Nothing in this provision alters the Sponsor's duties and liabilities regarding hazardous
substances as set forth in RCW 70.105D.
3. Hold Harmless.The Sponsor will defend, protect and hold harmless the State and any and all of its
employees and/or agents,from and against any and all liability,cost(including but not limited to all costs of
defense and attorneys'fees)and any and all loss of any nature from any and all claims or suits resulting from
the presence of,or the release or threatened release of, hazardous substances on the property the Sponsor
is acquiring,except to the extent, if any,that the State, its officers and agents caused or contributed to the
release .The Funding Entity and RCO are included within the term State, as are all other agencies,
departments, boards, councils,committees,divisions, bureaus,offices, societies, or other entities of state
government.
LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS
A. Long-Term Obligations. Sponsor shall comply with the terms of this Agreement.
B. Perpetuity. For acquisition, development, and restoration projects,or a combination thereof, unless otherwise
allowed by applicable manual, policy, program rules, or this Agreement, or approved in writing by RCO. RCO requires
that the project area continue to function as intended after the period of performance in perpetuity.
C. Conversion.The Sponsor shall not at any time convert any real property(including any interest therein)or facility
acquired,developed,renovated, and/or restored pursuant to this Agreement, unless provided for in applicable
statutes, rules, and policies. Conversion includes, but is not limited to,putting such property to uses other than those
purposes for which funds were approved or transferring such property to another entity without prior approval via a
written amendment to the Agreement.All real property or facilities acquired, developed, renovated, and/or restored
with funding assistance shall remain in the same ownership and in public use/access status in perpetuity unless
otherwise expressly provided in the Agreement or applicable policy or unless a transfer or change in use is approved
by the RCO through an amendment. Failure to comply with these obligations is a conversion. Further, if the project is
subject to operation and or maintenance obligations,the failure to comply with such obligations,without cure after a
reasonable period as determined by the RCO, is a conversion. Determination of whether a conversion has occurred
shall be based upon the terms of this Agreement, including without limitation all WACs and manuals deemed
applicable and all applicable laws.
For acquisition projects that are expressly term limited in the Agreement, such as one involving a lease or a term-
limited restoration, renovation or development project or easement,the restriction on conversion shall apply only for
the length of the term, unless otherwise provided by this Agreement,any applicable manual or WAC,or any
applicable state or federal law.
When a conversion has been determined to have occurred,the Sponsor is required to remedy the conversion per this
Agreement and the applicable manuals,WACs and laws, and the RCO may pursue such remedies as the above
allows.
CONSTRUCTION, OPERATION, USE,AND MAINTENANCE OF ASSISTED PROJECTS
The following provisions shall be in force for this agreement:
A. Property and facility operation and maintenance. Sponsor must ensure that properties or facilities assisted with
the grant funds, including undeveloped sites, are built,operated, used, and maintained:
1. According to applicable federal,state,and local laws and regulations, including public health standards and
building codes;
2. In a reasonably safe condition for the project's intended use;
3. Throughout its estimated useful service life so as to prevent undue deterioration;
4. In compliance with all federal and state nondiscrimination laws, regulations and policies.
B. Open to the public. Unless otherwise specifically provided for in the Agreement, and in compliance with applicable
statutes, rules, and applicable WACs and manuals,facilities must be open and accessible to the general public,and
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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.
PROVISIONS FOR FEDERAL SUBAWARDS
The following provisions shall be in force for this agreement:
A. Sub-Recipient(Sponsor)must comply with the cost principles of 2 C.F.R. Part 200 Subpart E (2013). Unless
otherwise indicated, the cost principles apply to the use of funds provided under this Agreement to include match and
any in-kind matching donations.The applicability of the cost principles depends on the type of organization incurring
the costs.
B. Binding Official. Per 2 CFR 200.415, Sponsor certifies through its actions or those of authorized staff, at the time of
a request for reimbursement,the following: "To the best of my knowledge and belief that the report is true,complete,
and accurate,and the expenditures,disbursements and cash receipts are for the purposes and objectives set forth in
the terms and conditions of the Federal award. I am aware that any false,fictitious, or fraudulent information,or the
omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud,false statements,
false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)."
C. Equal Employment Opportunity. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the
definition of"federally assisted construction contract'in 41 C.F.R.§60-1.3 must include the equal opportunity clause
provided under 41 C.F.R.§60- 1.4(b), in accordance with Executive Order 11246, Equal Employment Opportunity
(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,
Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41
C.F.R. Part 60(Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of
Labor). See 2 C.F.R. Part 200,Appendix II, paragraph C.
1. Federally Assisted Construction Contract.The regulation at 41 C.F.R.§60-1.3 defines a"federally
assisted construction contract'as any agreement or modification thereof between any applicant and a
person for construction work which is paid for in whole or in part with funds obtained from the Government or
borrowed on the credit of the Government pursuant to any Federal program involving a grant,contract, loan,
insurance,or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan,
insurance,or guarantee,or any application or modification thereof approved by the Government for a grant,
contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work.
2. Construction Work. The regulation at 41 C.F.R.§60-1.3 defines"construction work"as the construction,
rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways,or other changes
or improvements to real property, including facilities providing utility services.The term also includes the
supervision, inspection, and other onsite functions incidental to the actual construction.
D. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148).When required by federal program legislation, all prime
construction contracts in excess of$2,000 awarded by non-federal entities(Sponsors)must include a provision for
compliance with the Davis-Bacon Act(40 U.S.C. 3141-3148)as supplemented by Department of Labor regulations
(29 C.F.R.§5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction").
In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not
less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition,
contractors must be required to pay wages not less than once a week.The non-federal entity(Sponsor) must place a
copy of the current prevailing wage determination issued by the Department of Labor in each solicitation.The
decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination.The
non-Federal entity(Sponsor)must report all suspected or reported violations to the federal awarding agency identified
in the Federal Fund Information Section.
The contracts must also include a provision for compliance with the Copeland"Anti-Kickback"Act(40 U. S. C. 3145),
as supplemented by Department of Labor regulations(29 C.F.R Part 3, "Contractors and Subcontractors on Public
Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States").The Act provides
that each contractor or subrecipient(Sponsor) must be prohibited from inducing, by any means,any person employed
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in the construction, completion, or repair of public work,to give up any part of the compensation to which he or she is
otherwise entitled. The non-Federal entity(Sponsor)must report all suspected or reported violations to the Federal
awarding agency identified in Section H: Federal Fund Information.
E. Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708).Where applicable, all contracts awarded
by the non-federal entity(Sponsor) in excess of$100,000 that involve the employment of mechanics or laborers must
include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor
regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the
wages of every mechanic and laborer on the basis of a standard work week of 40 hours.Work in excess of the
standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half
times the basic rate of pay for all hours worked in excess of 40 hours in the work week.
The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic
must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.
These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open
market, or contracts for transportation or transmission of intelligence.
F. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding
agreement'under 37 C.F.R§401.2(a)and the recipient or subrecipient(Sponsor)wishes to enter into a contract with
a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of
experimental,developmental, or research work under that"funding agreement,"the recipient or subrecipient
(Sponsor) must comply with the requirements of 37 C.F.R Part 401,"Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"and
any implementing regulations issued by the awarding agency.
G. Clean Air Act(42 U.S.C.7401-7671q.)and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387), as
Amended. Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the non-
Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air
Act(42 U.S.C. 7401-7671q)and the Federal Water Pollution Control Act as amended(33 U.S.C. 1251-1387).
Violations must be reported to the Federal awarding agency identified in Section H: Federal Fund Information and the
Regional Office of the Environmental Protection Agency (EPA).
H. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352). By signing this Agreement,the Sponsor certifies(per the
certification requirements of 31 U.S.C.)that none of the funds that the Sponsor has(directly or indirectly)received or
will receive for this project from the United States or any agency thereof, have been used or shall be used to engage
in the lobbying of the Federal Government or in litigation against the United States. Such lobbying includes any
influence or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with this project.Contractors that apply or bid
for an award exceeding$100,000 must file the required certification. Each tier certifies to the tier above that it will not
and has not used federal appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress,officer or employee of Congress, or an
employee of a member of Congress in connection with obtaining any federal contract,grant or any other award
covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes place in
connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal
award.
I. Procurement of Recovered Materials.A non-federal entity(Sponsor)that is a state agency or agency of a political
subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended
by the Resource Conservation and Recovery Act.The requirements of Section 6002 include procuring only items
designated in guidelines of the Environmental Protection Agency(EPA)at 40 C.F.R part 247 that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where
the purchase price of the item exceeds$10,000 or the value of the quantity acquired during the preceding fiscal year
exceeded$10,000; procuring solid waste management services in a manner that maximizes energy and resource
recovery;and establishing an affirmative procurement program for procurement of recovered materials identified in
the EPA guidelines.
J. Required Insurance.The non-federal entity(Sponsor)must,at a minimum, provide the equivalent insurance
coverage for real property and equipment acquired or improved with federal funds as provided to property owned by
the non-federal entity. Federally-owned property need not be insured unless required by the terms and conditions of
the Federal award(2 C.F.R§200.310(2013)).
K. Debarment and Suspension (Executive Orders 12549 and 12689).The Sponsor must not award a contract to
parties listed on the government-wide exclusions in the System for Award Management(SAM), in accordance with
the Office of Management and Budget(OMB)guidelines at 2 C.F.R§ 180 that implement Executive Orders 12549(3
C.F.R part 1986 Comp., p. 189)and 12689(3 C.F.R part 1989 Comp., p.235), "Debarment and Suspension."SAM
Exclusions contains the names of parties debarred, suspended,or otherwise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other than Executive Order 12549.
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L. Conflict of Interest. Sponsor agrees to abide by the conflict of interest policy and requirements of the federal funding
agency established pursuant to 2 C.F.R 200,
PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS
For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the Sponsor shall not
commence with clearing of riparian trees or in-water work unless either the Sponsor has complied with 50 C.F.R. §223.203
(b)(8)(2000), limit 8 or until an Endangered Species Act consultation is finalized in writing by the National Oceanic and
Atmospheric Administration. Violation of this requirement may be grounds for terminating this Agreement. This section shall
not be the basis for any enforcement responsibility by RCO.
PROVISIONS FOR PUGET SOUND ACQUISITION AND RESTORATION PROJECTS
The following provisions shall be in force for this Agreement,funded in part or wholly from the Puget Sound Acquisition and
Restoration program.
The Sponsor agrees to the following terms and conditions:
A. Cost Principles/Indirect Costs For State Agencies. GRANT RECIPIENT agrees to comply with the cost principles
of 2 CFR 200 Subpart E as appropriate to the award. In addition to the US Environmental Protection Agency's
General Terms and Conditions"Indirect Cost Rate Agreements," if the recipient does not have a previously
established indirect cost rate, it agrees to prepare and submit its indirect cost rate proposal in accordance with 2 CFR
200 Appendix VII.
B. Credit and Acknowledgement. In addition to the ACKNOWLEDGEMENT AND SIGNS SECTION, materials
produced must display both the Environmental Protection Agency(EPA)and Puget Sound Partnership(PSP)logos
and the following credit line:"This project has been funded wholly or in part by the United States Environmental
Protection Agency.The contents of this document do not necessarily reflect the views and policies of the
Environmental Protection Agency, nor does mention of trade names or commercial products constitute endorsement
or recommendation for use."This requirement is for the life of the product,whether during or after the Agreement
period of performance.
C. Hotel Motel Fire Safety Act. Sponsor agrees to ensure that all conference, meeting,convention, or training space
funded in whole or part with federal funds, complies with the federal Hotel and Motel Fire Safety Act(PL 101-391, as
amended). Sponsors may search the Hotel-Motel National Master List @ http://www.usfa.dhs.gov/applications/hotel
to see if a property is in compliance or to find other information about the Act.
D. Drug Free Workplace Certification. Sub-recipient(Sponsor) shall make an ongoing,good faith effort to maintain a
drug-free workplace pursuant to the specific requirements set forth in 2 C.F.R. Part 1536 Subpart B.Additionally, in
accordance with these regulations,the recipient organization shall identify all known workplaces under its federal
awards, and keep this information on file during the performance of the award. Sponsors who are individuals must
comply with the drug-free provisions set forth in 2 C.F.R. Part 1536 Subpart C. The consequences for violating this
condition are detailed under 2 C.F.R. Part 1536 Subpart E.
E. Management Fees. Management fees or similar charges in excess of the direct costs and approved indirect rates are
not allowable.The term"management fees or similar charges"refers to the expenses added to direct costs in order to
accumulate and reserve funds for ongoing business expenses, unforeseen liabilities or for other similar costs that are
not allowable. Management fees or similar charges may not be used to improve or expand the project funded under
this Agreement, except for the extent authorized as a direct cost of carrying out the scope of work.
F. Trafficking in Persons and Trafficking Victim Protection Act of 2000 (TVPA).This provision applies only to a
sub-recipient(Sponsor),and all sub-awardees of sub-recipient(Sponsor), if any. Sub-recipient(Sponsor)shall include
the following statement in all sub-awards made to any private entity under this Agreement.
"You as the sub-recipient,your employees, sub-awardees under this award, and sub-awardees' employees may not
engage in severe forms of trafficking in persons during the period of time that the award is in effect; procure a
commercial sex act during the period of time that the award is in effect; or use forced labor in the performance of the
award or sub-awards under this Award.
"The sub-recipient(Sponsor), and all sub-awardees of sub-recipient(Sponsor) must inform RCO immediately of any
information you receive from any source alleging a violation of this prohibition during the award term.
The federal agency funding this Agreement may unilaterally terminate,without penalty,the funding award if this
prohibition is violated, Section 106 of the Trafficking Victims Protection Act of 2000,as amended.
G. Lobbying.The chief executive officer of this recipient agency (Sponsor) shall ensure that no grant funds awarded
under this Agreement are used to engage in lobbying of the Federal Government or in litigation against the United
States, unless authorized under existing law.The recipient(Sponsor)shall abide by its respective Cost Principles
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(OMB Circulars A-21,A-87,and A-122),which generally prohibits the use of federal grant funds for litigation against
the United States, or for lobbying or other political activities.
The Sponsor agrees to comply with 40 C.F.R. Part 34, New Restrictions on Lobbying.Sponsor shall include the
language of this provision in award documents for all sub-awards exceeding$100,000,and require that sub-
awardees submit certification and disclosure forms accordingly.
In accordance with the Byrd Anti-Lobbying Amendment, any Sponsor who makes a prohibited expenditure under 40
C.F.R. Part 34 or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less
than$10,000 and not more than$100,000 for each expenditure.
All contracts awarded by Sponsor shall contain,when applicable,the anti-lobbying provisions as stipulated in the
Appendix at 40 C.F.R. Part 30.
Pursuant to Section 18 of the Lobbying Disclosure Act,Sponsor affirms that it is not a non-profit organization
described in Section 501(c)(4)of the Internal Revenue Code of 1986; or that it is a non-profit organization described
in Section 501(c)(4)of the code but does not and will not engage in lobbying activities as defined in Section 3 of the
Lobbying Disclosure Act.
H. Reimbursement Limitation. If the Sponsor expends more than the amount of RCO funding in this Agreement in
anticipation of receiving additional funds from the RCO, it does so at its own risk. RCO is not legally obligated to
reimburse the Sponsor for costs incurred in excess of the RCO approved budget.
I. Disadvantaged Business Enterprise Requirements.The Sponsor agrees to comply with the requirements of
EPA's Utilization of Small, Minority and Women's Business Enterprises in procurements made under this award.
J. Minority and Women's Business Participation.Sponsor agrees to solicit and recruit,to the maximum extent
possible, certified minority owned (MBE)and women owned (WBE) businesses in purchases and contracts initiated
after the effective date of this Agreement.
These goals are expressed as a percentage of the total dollars available for purchase or agreement and are as
follows: Purchased Goods 8%MBE 4%WBE; Purchased Services 10% MBE 4%WBE; Professional Services 10%
MBE 4%WBE.
Meeting these goals is voluntary and no agreement award or rejection shall be made based on achievement or non-
achievement of the goals.Achievement of the goals is encouraged, however, and Sponsor and ALL prospective
bidders or people submitting qualifications shall take the following affirmative steps in any procurement initiated after
the effective date of this Agreement:
1. Include qualified minority and women's businesses on solicitation lists.
2. Assure that qualified minority and women's business are solicited whenever they are potential sources of
services or supplies.
3. Divide the total requirements,when economically feasible, into smaller tasks or quantities,to permit
maximum participation by qualified minority and women's businesses.
4. Establish delivery schedules,where work requirements permit,which will encourage participation of qualified
minority and women's businesses.
5. Use the services and assistance of the State Office of Minority and Women's Business Enterprises
(OMWBE)and the Office of Minority Business Enterprises of the U.S. Department of Commerce,as
appropriate.
K. MBE/WBE Reporting. In accordance with the deviation from 40 C.F.R.§33.502, signed November 8,2013, DBE
reporting is limited to annual reports and only required for assistance agreements where one or more the following
conditions are met:
1. There are any funds budgeted in the contractual/services, equipment or construction lines of the award;
2. $3,000 or more is included for supplies;or
3. There are funds budgeted for subawards or loans in which the expected budget(s) meet the conditions as
4. Described in items(a)and(b).
When completing the form, recipients(Sponsors)should disregard the quarterly and semi-annual boxes in
the reporting period Section 1 B of the form. For annual submissions,the reports are due by October 30th of
each year or 90 days after the end of the project period, whichever comes first.
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The reporting requirement is based on planned procurements. Recipients(Sponsors)with funds budgeted
for non-supply procurement and/or$3,000 or more in supplies are required to report annually whether the
planned procurements take place during the reporting period or not. If no procurements take place during the
reporting period,the recipient should check the box in Section 5B when completing the form.
MBE/WBE reports should be sent to the DBE Coordinator in the Sponsor's region. Contact information can
be found at http://www.epa.gov/osbp/contaetpage.htm.The coordinators also can answer any questions.
Final MBE/WBE reports must be submitted within 90 days after the project period of the grant ends.To be in
compliance with regulations,the Sponsor must submit a final MBE/ BE report. Non-compliance may impact
future competitive grant proposals.The current EPA Form 5700-52A can be found at the EPA Office of Small
Business Program's Home Page at http://www.epa.gov/osbp/dbe_reporting.htm.
L. Procurement involving an EPA Financial Assistance Agreement. Pursuant to 40 C.F.R. §33.301,the Sponsor
agrees to make the following six good faith efforts whenever procuring construction,equipment, services and supplies
under an EPA financial assistance agreement,and to require that sub-recipients (Sponsors), and prime contractors
also comply. Records documenting compliance with the six good faith efforts shall be retained:
1. Ensure Disadvantaged Business Enterprise(DBEs)are made aware of contracting opportunities to the
fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and
Government Sponsors, this will include placing DBEs on solicitation lists and soliciting them whenever they
are potential sources.
2. Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and
establish delivery schedules,where the requirements permit, in a way that encourages and facilitates
participation by DBEs in the competitive process.This includes,whenever possible, posting solicitations for
bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date.
3. Consider in the contracting process whether firms competing for large contracts could subcontract with
DBEs. For Indian Tribal, State and local Government Sponsors,this will include dividing total requirements
when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the
competitive process.
4. Encourage contracting with a consortium of DBEs when an agreement is too large for one of these firms to
handle individually.
5. Use the services and assistance of the Small Business Administration (SBA)and the Minority Business
Development of the Department of Commerce.
6. If the Sponsor awards subcontracts, require the Sponsor to take the steps in paragraphs(a)through (e)of
this section.
M. Lobbying&Litigation. By signing this Agreement,the Sponsor certifies that none of the funds received from this
Agreement shall be used to engage in the lobbying of the Federal Government or in litigation against the United
States unless authorized under existing law.
The chief executive officer of this Sponsor agency shall ensure that no grant funds awarded under this Agreement are
used to engage in lobbying of the Federal Government or in litigation against the United States unless authorized
under existing law. The Sponsor shall abide by its respective Attachment in 2 C.F.R. Part 200,which prohibits the use
of federal grant funds for litigation against the United States or for lobbying or other political activities.
For subawards exceeding$100,000, EPA requires the following certification and disclosure forms:
1. Certification Regarding Lobbying, EPA Form 6600-06:
http://www.epa.gov/ogd/AppKit/form/Lobbying_sec.pdf
2. Disclosure of Lobbying Activities, SF LLL: http://www.epa.gov/ogd/AppKit/form/sflllin_sec.pdf
3. Legal expenses required in the administration of Federal programs are allowable. Legal expenses for
prosecution of claims against the Federal Government are unallowable.
N. Payment to Consultants. EPA participation in the salary rate(excluding overhead) paid to individual consultants
retained by recipients(Sponsors)or by a recipients' (Sponsor's)contractors or subcontractors shall be limited to the
maximum daily rate for Level IV of the Executive Schedule(formerly GS-18),to be adjusted annually.This limit
applies to consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate.
This rate does not include transportation and subsistence costs for travel performed(the recipient will pay these in
accordance with his/her normal travel reimbursement practices).
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Subagreements with firms for services that are awarded using the procurement requirements in 40 C.F.R. Parts 30 or
31,are not affected by this limitation unless the terms of the contract provide the recipient(Sponsor)with
responsibility for the selection, direction and control of the individual who will be providing services under the contract
at an hourly or daily rate of compensation. See 40 C.F.R. §30.27(b)or 40 C.F.R.§31.3690), as applicable,for
additional information.
As of January 1, 2014,the limit is$602.24 per day$75.28 per hour.
O. Peer Review.Where appropriate, prior to finalizing any significant technical products the Principal Investigator(PI)of
this project must solicit advice, review, and feedback from a technical review or advisory group consisting of relevant
subject matter specialists.A record of comments and a brief description of how respective comments are addressed
by the PI will be provided to the Project Monitor prior to releasing any final reports or products resulting from the
funded study.
P. International Travel(Including Canada).All International Travel must be approved by the US Environmental
Protection Agency's Office of International and Tribal Affairs(OITA) BEFORE travel occurs. Even a brief trip to a
foreign country, for example to attend a conference, requires OITA approval. Please contact your Partnership Project
manager as soon as possible if travel is planned out of the country, including Canada and/or Mexico, so that they can
submit a request to the EPA Project Officer if they approve of such travel.
Q. Unliquidated Obligations(ULO). Sub-recipients, and all sub-awardees of Sub-Recipients, if any, should manage
their agreement and subaward funding in ways that reduce the length of time that federal funds obligated and
committed to subaward projects are unspent(not yet drawn down through disbursements to sub-recipients and sub-
awardees).
ORDER OF PRECEDENCE
This Agreement is entered into, pursuant to,and under the authority granted by applicable federal and state laws.The
provisions of the Agreement shall be construed to conform to those laws. In the event of a direct and irreconcilable conflict
between the terms of this Agreement and any applicable statute, rule, or policy or procedure,the conflict shall be resolved by
giving precedence in the following order:
A. Federal law and binding executive orders;
B. Code of federal regulations;
C. Terms and conditions of a grant award to the state from the federal government;
D. Federal grant program policies and procedures adopted by a federal agency that are required to be applied by federal
law;
E. State law(constitution, statute);
F. Washington Administrative Code;
G. Applicable RCO manuals.
LIMITATION OF AUTHORITY
Only RCO's Director or RCO's delegate by writing(delegation to be made prior to action) shall have the authority to alter,
amend, modify, or waive any clause or condition of this Agreement; provided that any such alteration, amendment,
modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made as a written
amendment to this Agreement and signed by the RCO Director or delegate.
WAIVER OF DEFAULT
Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the
Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a
modification of the terms of the Agreement unless stated to be such in writing, signed by the director, or the director's
designee, and attached as an amendment to the original Agreement.
APPLICATION REPRESENTATIONS—MISREPRESENTATIONS OR INACCURACY OR BREACH
The Funding Entity(if different from RCO)and RCO relies on the Sponsor's application in making its determinations as to
eligibility for, selection for, and scope of, funding grants.Any misrepresentation, error or inaccuracy in any part of the
application may be deemed a breach of this Agreement.
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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
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
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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.
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 LAW/VENUE
This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a
lawsuit involving this Agreement, venue shall be in Thurston County Superior Court if legally proper; otherwise venue shall be
in a county where the project is situated, 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.
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