Project Agreement with RCO for Wendling Road project BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY, WASHINGTON
IN THE MATTER OF
Approving the Board of County Commissioners (BOCC) }
Chair to sign the Project Agreement between } Resolution No 19- 0 SS
Lewis County and the Recreation and Conservation }
Office (RCO) for the Wendling Road MP 0 106 (Lost Creek) - }
Site ID 021 (25510) (00106) project }
WHEREAS, Public Works has listed the Wendling Road MP 0 106 (Lost Creek) - Site ID 021
(25510) (00106) project on the annual maintenance program, and
WHEREAS, Public Works has received grant funding administered through the RCO for the
Wendling Road MP 0 106 (Lost Creek) - Site ID 021 (25510) (00106) project; and
WHEREAS, the conditions of receiving the grant funding requires a Project Agreement signed by
the BOCC Chair and
WHEREAS, the Public Works County Engineer has reviewed the Project Agreement between Lewis
County and the RCO
NOW, THEREFORE BE IT RESOLVED that the BOCC has determined that proceeding with the
Project Agreement for the Wendling Road MP 0 106 (Lost Creek) - Site ID 021 (25510) (00106) project to
be administered by the RCO is in the best public interest and hereby approves the Chair of the BOCC to
sign
PASSED IN REGULAR SESSION this 25th day of February, 2019
APPROVED AS TO FORM: Be • ' j OF COUNTY COMMI SIONERS
Jonathan L Meyer, Prosecuting Attorney OUNTY, WASHIN ON
if) / /, -
:y Deputy Prosecuting Attorney Robert C Ja s n, C air
ATTEST Gary St mper, Vide Ch•it
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Rieva Lester, Clerk of the Lewis County Edna J Fund, Comy ssioner
Board of County Commissioners
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Recreation and
Conservation Office Funding Board Project Agreement
Project Sponsor: Department of Fish and Wildlife Project Number. 18 1659P
Project Title. Lost Creek Fish Passage Design Approval Date. 12/5/2018
A. PARTIES OF THE AGREEMENT
This Funding Board Project Agreement(Agreement)is entered into between the State of Washington by and through
the Salmon Recovery Funding Board(SRFB or funding board)and the Recreation and Conservation Office(RCO),
P 0 Box 40917 Olympia Washington 98504-0917 and Department of Fish and Wildlife(Sponsor,and primary
Sponsor),PO Box 43135,Olympia WA 98504-3135 by and through the Lewis County Public Works(Sponsor and
secondary Sponsor),2025 NE KreskyAve,Chehalis,WA 98532,and shall be binding on the agents and all persons
acting by or through the parties. The Primary Sponsor's Data Universal Numbering System(DUNS)Number is
80-8883052.
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 to the funding board for grant
assistance (2)enter into this project agreement on behalf of the Sponsor(s)(including indemnification and waiver of
sovereign immunity if applicable,as provided therein),(3)enter into 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
Section J
If a Sponsor wishes to change Its Authorized Representative/Agent as Identified on the original signed Applicant
Resolution/Authorization,the Sponsor has the obligation to provide to RCO in writing a new Applicant
Resolution/Authorization signed by its governing body Unless a new Applicant Resolution/Authorization has been
provided RCO will be entitled to rely upon the fact that the current Authorized Representative/Agent has the authority
to bind the Sponsor to the Agreement(including any amendments thereto)and decisions related to implementation of
the Agreement .
For the purposes of this Agreement,as well as for grant management purposes with RCO,only the primary Sponsor
may act as a fiscal agent to obtain reimbursements(see Section 11 PROJECT REIMBURSEMENTS),
B PURPOSE OF AGREEMENT
This Agreement sets out the terms and conditions by which a grant is made from the General Fund Federal of the
State of Washington.The grant is administered by the Recreation and Conservation Office(RCO)
C. DESCRIPTION OF PROJECT
Lewis County(LC)and Washington Department of Fish and Wildlife(WDFW)are applying for design funding to
replace one 33%passable barrier culverts on Lost Creek,a tributary to Stillman Creek in Lewis County,WA.This
barrier correction will increase geomorphic connectivity,reduce flooding caused by this undersized culvert,and
achieve fish passage for all life stages of salmon This project will increase salmon to access to 2 11 miles of stream
habitat upstream from the project site to the next barrier and 5.96 miles of total gain to the end of fish use.Target
species that will benefit from this project include coho steelhead resident trout,sea run cutthroat trout,and pacific
lamprey Additionally,Stillman Creek has documented fall chinook and spring chinook spawning populations
according to WDFWs SalmonScape It is likely that rearing juvenile Chinook will utilize the lower portions of Lost
Creek for thermal and velocity refugia Additionally,the project will help address the Tier 1 concerns by providing
access to cooler water temperatures upstream and promoting more natural stream processes such as sediment
transport and wood transport.The barrier correction will improve access to spawning habitat,rearing habitat,
cold-water refuge,and high water refuge for all salmonid species present.The deliverables for this grant request is
one stamped construction ready plans for Lewis County owned Wendling Road Site ID 021(25510)(00106)
RCO 18-1659P Revision Date 1/11/2018 Pago 1 of 38
D PERIOD OF PERFORMANCE
The period of performance begins on December 5,2018(project start date)and ends on June 30,2020(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
The Sponsor has obligations beyond this period of performance as described in Section F LONG-TERM
OBLIGATIONS.
E. STANDARD TERMS AND CONDITIONS INCORPORATED
The Standard Terms and Conditions of the Recreation and Conservation Office Agreement are hereby incorporated by
reference as part of this Agreement.
F LONG-TERM OBLIGATIONS
For this planning project,the sponsor's on-going obligation shall be the same as the period of performance identified
in Section D:Period of Performance
G. PROJECT FUNDING
The total grant award provided for this project shall not exceed$63,380.00 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 Salmon Federal Protects 73.93% $63,380.00 Federal
Project Sponsor 26.07% $22,349.00
Total Project Cost 100.00% $85,729.00
H. FEDERAL FUND INFORMATION
If federal funding information is included in this section,this project Is funded by,matched by,and/or funded in part by
the following federal award,or sub award
Federal Agency US Dept of Commerce
Catalog of Federal DomesticAssistance Number and Name.11.438 PCSRF
Federal Award Identification Number NA18NMF4380271
Federal Fiscal Year 2018
Federal Award Date:07/30/2018
Total Federal Award:$18,236,000
Federal Award Project Description FY2018 Pacific Coast Salmon Recovery-Pacific Salmon Treaty Program
Sponsor's Indirect Cost Rate 28.78%of Total direct costs,Less capital expenditures and passthrough funds
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.
I. RIGHTS AND OBLIGATIONS INTERPRETED IN LIGHT OF RELATED DOCUMENTS
All rights and obligations of the parties under this Agreement are further specified in and shall be interpreted In light of
the Sponsor's application and the project summary and eligible scope activities under which the Agreement has been
approved as well as documents produced in the course of administering the Agreement,including the eligible scope
activities the milestones report progress reports,and the final report.Provided to the extent that information
contained in such documents is irreconcilably In conflict with this Agreement,it shall not be used to vary the terms of
the Agreement,unless those terms are shown to be subject to an unintended error or omission This Agreement"as
used here and elsewhere in this document,unless otherwise specifically stated has the meaning set forth in the
definitions of the Standard Terms and Conditions of the Project Agreement.
RCO 18-1659P Revision Date. 1/1112018 Page 2 of 3a
J AMENDMENTS TO AGREEMENT
Except as provided herein no amendment(including without limitation,deletions)of any of the terms or conditions of
this Agreement will be effective unless provided In writing signed by all parties Extensions of the period of
performance and minor scope adjustments consented to in writing(including email)by the Sponsor need only be
signed by RCO's director or designee,unless otherwise provided for in another agreement a Sponsor has with the
RCO.This exception does not apply to a federal government Sponsor or a Sponsor that requests and enters into a
formal amendment for extensions or minor scope adjustments
It is the responsibility of a Sponsor to ensure that any person who signs an amendment on its behalf is duly authorized
to do so,and such signature shall be binding on the Sponsor if the representative/agent signing he been authorized
to do so by Applicant Resolution/Authorization provided to the RCO and such Applicant Resolufionuthorization 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.
K. 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 the following RCO manuals are deemed
applicable and shall apply as terms of this Agreement:
Reimbursements Manual 8
Salmon Recovery Grants Manual 18
L. SPECIAL CONDITIONS
None
M. AGREEMENT CONTACTS
The parties will provide all written communications and notices under this Agreement to the mail address or the email
address listed below if not both'
Sponsor Protect Contact RCO Contact
Name- Christopher Dwight Aiissa Ferrell
Title Biologist Natural Resources Building
Address- 1111 Washington Street SE PO Box 40917
Olympia,WA 98504 Olympia Washington 98504-0917
Email Christopher.Dwight @dfw.wa.gov alissa.ferrell @rco.wa.gov
These addresses and contacts shall be effective until receipt by one party from the other of a written notice of any
change Decisions relating to the Agreement must be made by the Authorized Representative/Agent,who may or may
not be the Project Contact for purposes of notices and communications
N ENTIRE AGREEMENT
This Agreement with all amendments and attachments,constitutes the entire Agreement of the parties.No other
understandings,oral or otherwise,regarding this Agreement shall exist or bind any of the parties.
O. EFFECTIVE DATE
This Agreement,for project 18-1659P shall be subject to the written approval of the RCO's authorized representative
and shall not be effective and binding until the date signed by both the Sponsor and the RCO,whichever is later
(effective date) Reimbursements for eligible and allowable costs incurred within the period of performance identified
in Section D-PERIOD OF PERFORMANCE are allowed only when this Agreement is fully executed and an original is
received by RCO
RCO 18-1659P Revision Date 1/11/2018 Page 3 of 38
The Sponsor has read,fully understands,and agrees to be bound by all terms and conditions as set forth in this
Agreement and the Standard Terms and Conditions of the Project Agreement.The signators listed below represent
and warrant their authority to bind the parties to this Agreement.
Department of Fish and Wildlife
By Date: 77 / //
Name. (printed) / R Hu ahL
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Title.
Lewi: County Publi . a f2
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Name: (printed) £6EX C Jii,L fti✓
Title: 6/7W/r`-NW-
State of Washington Recreation and Conservation Office
On behalf of the Salmon Recovery Funding Board(SRFB or funding board)
By. Date:
Kaleen Cottingham
Director
Recreation and Conservation Office
P -approved as to fo
By: Date: October 6,2017
Assistant Attorney General
RCO 18-1659P Revision Date:1/1112018 Page 4 of 38
Table of Contents
Funding Board Project Agreement 1
Standard Terms and Conditions of the Recreation and Conservation Office Agreement 5
SECTION 1 CITATIONS, HEADINGS AND DEFINITIONS 7
SECTION 2 PERFORMANCE BY THE SPONSOR 11
SECTION 3. ASSIGNMENT 11
SECTION 4. RESPONSIBILITY FOR PROJECT 11
SECTION 5 INDEMNIFICATION 11
SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR 12
SECTION 7 CONFLICT OF INTEREST 12
SECTION 8. COMPLIANCE WITH APPLICABLE LAW 12
SECTION 9. RECORDS 14
SECTION 10 PROJECT FUNDING 14
SECTION 11 PROJECT REIMBURSEMENTS 15
SECTION 12. ADVANCE PAYMENTS 17
SECTION 13. RECOVERY OF PAYMENTS 17
SECTION 14 COVENANT AGAINST CONTINGENT FEES 17
SECTION 15 INCOME(AND FEES)AND USE OF INCOME 17
SECTION 16 PROCUREMENT REQUIREMENTS 18
SECTION 17. TREATMENT OF EQUIPMENT AND ASSETS 19
SECTION 18 RIGHT OF INSPECTION 20
SECTION 19 STEWARDSHIP AND MONITORING 20
SECTION 20. PREFERENCES FOR RESIDENTS 20
SECTION 21. ACKNOWLEDGMENT AND SIGNS 20
SECTION 22 PROVISIONS FOR BOATING PROJECT GRANTS 21
SECTION 23. PROVISIONS APPLYING TO DEVELOPMENT,MAINTENANCE, RENOVATION, 21
AND RESTORATION PROJECTS
SECTION 24. PROVISIONS APPLYING TO ACQUISITION PROJECTS 22
SECTION 25. LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS 23
SECTION 26. CONSTRUCTION,OPERATION, USE AND MAINTENANCE OF ASSISTED 24
PROJECTS
SECTION 27. RECORDED NOTICE OF GRANT 25
SECTION 28 PROVISIONS RELATED TO CORPORATE(INCLUDING NONPROFIT) 25
SPONSORS
SECTION 29 PROVISIONS FOR FEDERAL SUBAWARDS ONLY 25
RCO 18-1659P Revision Date 1/11/2018 Page 5 of 38
SECTION 30. PROVISIONS FOR BOATING INFRASTRUCTURE GRANTS 28
SECTION 31 PROVISIONS FOR FIREARMS AND ARCHERY RANGE RECREATION 28
PROJECTS ONLY
SECTION 32. PROVISIONS FOR LAND AND WATER CONSERVATION FUND PROJECTS 29
ONLY
SECTION 33. PROVISIONS FOR FARM AND FOREST ACCOUNT PROJECTS(FARMLAND 29
AND FORESTLAND PRESERVATION PROJECTS ONLY)
SECTION 34. PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS ONLY 29
SECTION 35 PROVISIONS FOR PUGET SOUND ACQUISITION AND RESTORATION 30
PROJECTS ONLY
SECTION 36 ORDER OF PRECEDENCE 34
SECTION 37 LIMITATION OF AUTHORITY 34
SECTION 38 WAIVER OF DEFAULT 34
SECTION 39. APPLICATION REPRESENTATIONS—MISREPRESENTATIONS OR 34
INACCURACY OR BREACH
SECTION 40 SPECIFIC PERFORMANCE 35
SECTION 41. TERMINATION AND SUSPENSION 35
SECTION 42. DISPUTE HEARING 36
SECTION 43 ATTORNEYS'FEES 37
SECTION 44. GOVERNING LAWNENUE 37
SECTION 45 PROVISIONS APPLICABLE ONLY IF FEDERALLY RECOGNIZED INDIAN TRIBE 37
IS THE SPONSOR
SECTION 46 SEVERABILITY 38
RCO 18-1659P Revision Date. 1/11/2018 Pages of 38
WASHINGTON STATE
Recreation and Standard Terms and Conditions
Conservation Office
of the Project Agreement
Project Sponsor Department of Fish and Wildlife Project Number. 18 1659P
Project Title Lost Creek Fish Passage Design Approval Date' 12/5/2018
SECTION 1. CITATIONS, HEADINGS AND DEFINITIONS
A Any citations referencing specific documents refer to the current version on the effective date of this
Agreement or the effective date of any amendment thereto
B. Headings used in this Agreement are for reference purposes only and shall not be considered a
substantive part of this Agreement
C Definitions As used throughout this Agreement, the following terms shall have the meaning set forth
below
acquisition project—A project that purchases or receives a donation of fee or less than fee interests
in real property These interests include, but are not limited to, conservation easements,access/trail
easements,covenants,water rights, leases and mineral rights
Agreement or project agreement—The document entitled'Funding Board Project Agreement"
accepted by all parties to the present transaction, including without limitation these Standard Terms
and Conditions of the Project Agreement, all attachments, addendums, and amendments, and any
intergovernmental agreements or other documents that are incorporated into the Funding Board
Project Agreement subject to any limitations on their effect
applicant—Any party that meets the qualifying standards, Including deadlines,for submission of an
application soliciting a grant of funds from the funding board
application—The documents and other materials that an applicant submits to the RCO to support
the applicant's request for grant funds,this includes materials required for the"Application" in the
RCO's automated project information system,and other documents as noted on the application
checklist including but not limited to legal opinions maps plans evaluation presentations and scripts
Authorized Representative/Agent—A Sponsor's agent (employee, political appointee, elected
person, etc.)authorized to be the signatory of this Agreement and any amendments requiring a
Sponsor signature This person has the signature authority to bind the Sponsor to this Agreement,
grant, and project
Boating Infrastructure Grant(BIG)—A program administered through the United States Fish and
Wildlife Service
C.F R —Code of Federal Regulations
contractor—An entity that receives a contract from a Sponsor related to performance of work or
another obligation under this Agreement
conversion—A conversion occurs 1)when facilities acquired developed, renovated or restored
within the project area are changed to a use other than that for which funds were approved,without
obtaining prior written formal RCO or board approval, 2)when property interests are conveyed to a
third party not otherwise eligible to receive grants in the program from which funding was approved
without obtaining prior written formal RCO or board approval,or 3)when obligations to operate and
maintain the funded property are not complied with after reasonable opportunity to cure
RCO 18-1659P Revision Date 1/11/2018 Page 7 of 38
development project—A project that results in the construction of or work resulting in new
elements, including but not limited to structures facilities,and/or materials to enhance outdoor
recreation resources.
director—The chief executive officer of the Recreation and Conservation Office or that person's
designee
education project--A project that provides information, education, and outreach programs for the
benefit of outdoor recreationists
education and enforcement project—A project that provides information education and outreach
programs encourages responsible recreational behavior, and may provide faw enforcement for the
benefit of outdoor recreationists.
effective date—The date when the signatures of all parties to this agreement are present in the
agreement.
enhancement project--1)A project that brings a site back to its historic function as part of a natural
ecosystem or that improves the ecological functionality of a site,or 2) a project that(i)supports
hatchery reform to improve hatchery effectiveness to minimize impacts to wild fish populations, (ii)
ensures compatibility between hatchery production and salmon recovery programs,or(iii)supports
sustainable fisheries(WAC 420.04.010)
equipment—Tangible personal property (including information technology systems) having a useful
service life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser
of the capitalization level established by the Sponsor or$5,000(2 C.F R §200.33 (2013))
funding board or board—The board that authorized the funds in this Agreement,either the
Recreation and Conservation Funding Board(RCFB)created under RCW 79A.25,110, or the Salmon
Recovery Funding Board (SRFB)created under RCW 77 85 110
grant program—The source of the grant funds received May be an account in the state treasury or
a grant category within a larger grant program, or a federal source
Indirect cost—Costs incurred for a common or joint purpose benefitting more than one cost
objective and not readily assignable to the cost objectives specifically benefitted without effort
disproportionate to the results achieved(2 C.F R §200.56(2013))
long-term compliance period—The period of time after the project end date or end of the period of
performance(depending on the project types and grant program) During this period the Sponsor has
continuing obligations under the Agreement This period may have a nonspecific end date(in
perpetuity) or an expressly specified number of years.
long-term obligations—Sponsor's obligations after the project end date, as specified in the
Agreement and applicable regulations and policies
landowner agreement—An agreement that is required between a Sponsor and landowner for
projects located on land not owned, or otherwise controlled, by the Sponsor
maintenance—A project that maintains existing areas and facilities through repairs and upkeep for
the benefit of outdoor recreation or salmon recovery
maintenance and operation—A project that maintains and operates existing areas and facilities
through repairs, upkeep, and routine services for the benefit of outdoor recreationists
match or matching share—The portion of the total project cost provided by the Sponsor
RCO 18-1659P Revision Date 1/11/2018 Page 8 of 38
milestone—An important event with a defined date to track an activity related to implementation of a
funded project and monitor significant stages of project accomplishment
monitoring project—Means a project that tracks the effectiveness of salmon recovery restoration
actions, or provides data on salmon populations or their habitat conditions
monitoring and research project—Means a project that tracks the effectiveness of salmon recovery
restoration actions,or provides data on salmon populations or their habitat conditions
Office—Means the Recreation and Conservation Office or RCO
notice of grant—As required by RCO or another authority, a document that has been legally
recorded in the county or counties where the project property is located that describes the grant
funded project located on the property,the funding sources, and agencies responsible for awarding
the grant.
pass-through entity—A non-Federal entity that provides a subaward to a subrecipient to carry out
part of a Federal program(2 C F R §200 74 (2013)) If this Agreement is a federal subaward RCO
is the pass-through entity
period of performance—The period beginning on the project start date and ending on the project
end date
planning(RCFB projects only)—A project that results in one or more of the following a study,a
plan construction plans and specifications, and permits to increase the availability of outdoor
recreational resources
planning(SRFB projects only)—A project that results in a study,assessment, project design,or
inventory
pre-agreement cost—A project cost incurred before the period of performance
primary Sponsor—The Sponsor who is not a secondary Sponsor and who is specifically identified in
the Agreement as the entity to which RCO grants funds to and authorizes and requires to administer
the grant.This administration includes but is not limited to acting as the fiscal agent for the grant(e.g.
requesting and accepting reimbursements,submitting reports) Primary Sponsor includes its officers
employees,agents and successors
project—An undertaking that is, or may be, funded in whole or in part with funds administered by
RCO on behalf of the funding board
project area,RCFB—A geographic area that delineates a grant assisted site which is subject to
project agreement requirements(WAC 286.04.010)
project area, SRFB—The area consistent with the geographic limits of the scope of work of the
project and subject to project agreement requirements For restoration projects, the project area must
include the physical limits of the project's final site plans or final design plans. For acquisition projects,
the project area must include the area described by the legal description of the properties acquired for
or committed to the project(WAC 420.04.010)
project cost—The total allowable costs incurred under this Agreement and all required match share
and voluntary committed matching share including third-party contributions(2 C F R §200.83
(2013))
project end date--The specific date identified in the Agreement on which the period of performance
ends as may be changed by amendment This date is not the end date for any long-term obligations
RCO 18-1659P Revision Date.1/11/2018 Page 9 of 38
project start date—The specific date identified in the Agreement on which the period of performance
starts
research project—Means a project that studies salmon and the effectiveness of recovery restoration
efforts on the population or habitat condition
RCO—Recreation and Conservation Office—The state office that provides administrative support to
the Recreation and Conservation Funding Board and Salmon Recovery Funding Board RCO includes
the director and staff, created by RCW 79A.25 110 and 79A.25 150 and charged with administering
this Agreement by RCW 77.85 110 and 79A.25.240
reimbursement—RCO's payment of funds from eligible and allowable costs that have already been
paid by the Sponsor per the terms of the Agreement
renovation project—A project intended to improve an existing site or structure in order to increase
its useful service life beyond current expectations or functions This does not include maintenance
activities to maintain the facility for its originally expected useful service life
restoration project—A project that brings a site back to its historic function as part of a natural
ecosystem or improving the ecological functionality of a site
restoration and enhancement project—A project that brings a site back to its historic function as
part of a natural ecosystem or that improves the ecological functionality of a site or a larger
ecosystem which improvement may include benefiting fish stocks
RCFB—Recreation and Conservation Funding Board
RCW Revised Code of Washington
Recreational Trails Program(RTP)—A Federal Highways Administration grant program
secondary Sponsor—One of two or more Sponsors who is not a primary Sponsor Only the primary
Sponsor may be the fiscal agent for the project.
Sponsor—A Sponsor is an organization that is listed in and has signed this Agreement
Sponsor Authorized Representative/Agent—A Sponsor's agent(employee, political appointee,
elected person, etc.) authorized to be the signatory of this Agreement and any amendments requiring
a Sponsor signature This person has the signature authority to bind the Sponsor to this Agreement,
grant,and project
SRFB—Salmon Recovery Funding Board
subaward—Funds allocated to the RCO from another organization,for which RCO makes available
to or assigns to another organization via this Agreement Also, a subaward may be an award provided
by a pass-through entity to a subrecipient for the subrecipient to carry out part of any award received
by the pass-through entity It does not include payments to a contractor or payments to an individual
that is a beneficiary of a federal or other program A subaward may be provided through any form of
legal agreement, including an agreement that the pass-through entity considers a contract.Also see 2
C.F R. §200.92 (2013) For federal subawards, a subaward is for the purpose of carrying out a
portion of a Federal award and creates a federal assistance relationship with the subrecipient(2
C.F R §200.330 (2013)) If this Agreement is a federal subaward, the subaward amount is the grant
program amount in Section G Project Funding
RCO 18-1659P Revision Date 1/1112018 Page 10 of 38
subrecipient—Subrecipient means an entity that receives a subaward For non-federal entities
receiving federal funds, a subrecipient is an entity that receives a subaward from a pass-through
entity to carry out part of a federal program, but does not include an individual that is a beneficiary of
such program A subrecipient may also be a recipient of other federal awards directly from a federal
awarding agency(2 C.F R. § 200.93 (2013)) If this Agreement is a federal subaward, the Sponsor Is
the subrecipient
useful service life—Period during which an asset or property is expected to be useable for the
purpose it was acquired developed renovated, and/or restored per this Agreement
WAC--Washington Administrative Code
SECTION 2 PERFORMANCE BY THE SPONSOR
The Sponsor shall undertake the project as described in this Agreement and in accordance with the
Sponsor's proposed goals and objectives described in the application or documents submitted with the
application, all as finally approved by the funding board All submitted documents are incorporated by this
reference as if fully set forth herein
Timely completion of the project and submission of required documents, including progress and final reports
is important. Failure to meet critical milestones or complete the project, as set out in this Agreement is a
material breach of the Agreement
SECTION 3, ASSIGNMENT
Neither this Agreement nor any claim arising under this Agreement, shall be transferred or assigned by the
Sponsor without prior written consent of the RCO
SECTION 4. RESPONSIBILITY FOR PROJECT
While the funding board undertakes to assist the Sponsor with the project by providing a grant pursuant to this
Agreement,the project itself remains the sole responsibility of the Sponsor The funding board undertakes no
responsibilities to the Sponsor, or to any third party, other than as is expressly set out in this Agreement The
responsibility for the implementation of the project is solely that of the Sponsor, as is the responsibility for any
claim or suit of any nature by any third party related in any way to the project When a project is Sponsored by
more than one entity, any and all Sponsors are equally responsible for the project and all post-completion
stewardship responsibilities and long-term obligations unless otherwise stated in this Agreement
The RCO has no responsibility for reviewing, approving,overseeing or supervising design or construction of
the project and leaves such review, approval, oversight and supervision exclusively to the Sponsor and others
with expertise or authority In this respect,the RCO will act only to confirm at a general, lay, and nontechnical
level, solely for the purpose of compliance and payment and not for safety or suitability,that the project has
apparently been completed as per the Agreement
SECTION 5 INDEMNIFICATION
The Sponsor shall defend, indemnify, and hold the State and its officers and employees harmless from all
claims, demands,or suits at law or equity arising in whole or in part from the actual or alleged acts, errors,
omissions or negligence in connection with this Agreement (including without limitation all work or activities
thereunder), or the breach of any obligation under this Agreement by the Sponsor or the Sponsor's agents,
employees,contractors,subcontractors or vendors, of any tier, or any other persons for whom the Sponsor
may be legally liable
Provided that nothing herein shall require a Sponsor to defend or indemnify the State against and hold
harmless the State from claims,demands or suits based solely upon the negligence of the State,its
employees and/or agents for whom the State is vicariously liable
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Provided further that if the claims or suits are caused by or result from the concurrent negligence of(a) the
Sponsor or the Sponsor's agents, employees,contractors, subcontractors or vendors, of any tier, or any other
persons for whom the Sponsor is legally liable,and (b)the State its employees and agents for whom it is
vicariously liable, the indemnity obligation shall be valid and enforceable only to the extent of the Sponsor's
negligence or the negligence of the Sponsor's agents, employees, contractors, subcontractors or vendors of
any tier,or any other persons for whom the Sponsor may be legally liable
This provision shall be included in any agreement between Sponsor and any contractors, subcontractor and
vendor,of any tier
The Sponsor shall also defend, indemnify, and hold the State and its officers and employees harmless from all
claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright
infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary
information, know-how, copyright rights or inventions by the Sponsor or the Sponsor's agents, employees,
contractors, subcontractors or vendors,of any tier, or any other persons for whom the Sponsor may be legally
liable, in performance of the work under this Agreement or arising out of any use in connection with the
Agreement of methods processes, designs, information or other items furnished or communicated to the
State, its agents, officers and employees pursuant to the Agreement Provided,this indemnity shall not apply
to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade
secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from the State's,
its agents', officers'and employees'failure to comply with specific written instructions regarding use provided
to the State, its agents,officers and employees by the Sponsor its agents, employees,contractors,
subcontractors or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable
As part of its obligations provided above,the Sponsor specifically assumes potential liability for actions
brought by the Sponsor's own employees or its agents against the State and, solely for the purpose of this
indemnification and defense, the Sponsor specifically waives any immunity under the state industrial
insurance law, RCW Title 51.
The funding board and RCO are included within the term State as are all other agencies, departments,
boards councils, committees, divisions, bureaus, offices, societies, or other entities of state government
SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR
The Sponsor and its employees or agents performing under this Agreement are not officers, employees or
agents of the funding board or RCO The Sponsor will not hold itself out as nor claim to be an officer,
employee or agent of RCO, a funding board or of the state of Washington,nor will the Sponsor make any
claim of right, privilege or benefit which would accrue to an employee under RCW 41 06 or Section 30B
The Sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of any
kind required by federal, state, and/or local laws
SECTION 7 CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole
discretion, by written notice to the Sponsor terminate this Agreement if it is found after due notice and
examination by RCO that there is a violation of the Ethics in Public Service Act, RCW 42.52, or any similar
statute involving the Sponsor in the procurement of, or performance under this Agreement
In the event this Agreement is terminated as provided herein, RCO shall be entitled to pursue the same
remedies against the Sponsor as it could pursue in the event of a breach of the Agreement by the Sponsor
The rights and remedies of RCO provided for in this clause shall not be exclusive and are in addition to any
other rights and remedies provided by law or this Agreement
SECTION 8. COMPLIANCE WITH APPLICABLE LAW
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In implementing the Agreement the Sponsor shall comply with all applicable federal, state, and local laws
(including without limitation all applicable ordinances, codes, rules, and regulations) Such compliance
includes, without any limitation as to other applicable laws the following laws.
A Nondiscrimination Laws The Sponsor shall comply with all applicable federal, state, and local
nondiscrimination laws and/or policies including but not limited to the Americans with Disabilities Act
Civil Rights Act, and the Age Discrimination Act In the event of the Sponsor's noncompliance or
refusal to comply with any nondiscrimination law or policy, the Agreement may be rescinded,
cancelled, or terminated in whole or in part, and the Sponsor may be declared Ineligible for further
grant awards from the funding board The Sponsor is responsible for any and all costs or liability
arising from the Sponsor's failure to so comply with applicable law
B. Secular Use of Funds No funds awarded under this grant may be used to pay for any religious
activities,worship or instruction or for lands and facilities for religious activities worship, or
instruction Religious activities,worship, or instruction may be a minor use of the grant supported
recreation and conservation land or facility
C. Wages and Job Safety The Sponsor agrees to comply with all applicable laws, regulations, and
policies of the United States and the State of Washington or other jurisdiction which affect wages and
job safety The Sponsor agrees when state prevailing wage laws(RCW 39 12) are applicable to
comply with such laws, to pay the prevailing rate of wage to all workers, laborers; or mechanics
employed in the performance of any part of this contract, and to file a statement of intent to pay
prevailing wage with the Washington State Department of Labor and Industries as required by RCW
39 12.040 The Sponsor also agrees to comply with the provisions of the rules and regulations of the
Washington State Department of Labor and Industries
1 Exception, Service Organizations of Trail and Environmental Projects(RCW
79A.35.130). If allowed by state and federal law and rules, participants in conservation corps
programs offered by a nonprofit organization affiliated with a national service organization
established under the authority of the national and community service trust act of 1993, P L
103-82 are exempt from provisions related to rates of compensation while performing
environmental and trail maintenance work provided (1)The nonprofit organization must be
registered as a nonprofit corporation pursuant to RCW 24.03, (2)The nonprofit organization's
management and administrative headquarters must be located in Washington (3) Participants
in the program must spend at least fifteen percent of their time in the program on education
and training activities, and (4) Participants in the program must receive a stipend or living
allowance as authorized by federal or state law Participants are exempt from provisions
related to rates of compensation only for environmental and trail maintenance work conducted
pursuant to the conservation corps program.
D Archaeological and Cultural Resources. RCO facilitates the review of applicable projects for
potential impacts to archaeological sites and state cultural resources The Sponsor must assist RCO
in compliance with Governor's Executive Order 05-05 or the National Historic Preservation Act before
and after initiating ground-disturbing activity or construction, repair, installation, rehabilitation
renovation, or maintenance work on lands, natural resources, or structures The funding board
requires documented compliance with Executive Order 05-05 or Section 106 of the National Historic
Preservation Act,whichever is applicable to the project If a federal agency declines to consult, the
Sponsor shall comply with the requirements of Executive Order 05-05 In the event that
archaeological or historic materials are discovered during project activities,work in the location of
discovery and immediate vicinity must stop instantly, the area must be secured, and notification must
be provided to the following concerned Tribes cultural staff and cultural committees, RCO, and the
State Department of Archaeology and Historic Preservation If human remains are discovered during
project activity,work in the location of discovery and immediate vicinity must stop instantly, the area
must be secured and notification provided to the concerned Tribe's cultural staff and cultural
committee, RCO, State Department of Archaeology, the coroner and local law enforcement in the
most expeditious manner possible according to RCW 68.50
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E. Restrictions on Grant Use.No part of any funds provided under this grant shall be used other than
for normal and recognized executive-legislative relationships,for publicity or propaganda purposes,or
for the preparation, distribution, or use of any kit, pamphlet, booklet publication radio,television,or
video presentation designed to support or defeat legislation pending before the U.S Congress or any
state legislature.
No part of any funds provided under this grant shall be used to pay the salary or expenses of any
Sponsor, or agent acting for such Sponsor, related to any activity designed to influence legislation or
appropriations pending before the U.S Congress or any state legislature
F Debarment and Certification.By signing the Agreement with RCO, the Sponsor certifies that neither
it nor its principals nor any other lower tier participant are presently debarred,suspended proposed
for debarment declared ineligible or voluntarily excluded from participation in this transaction by
Washington State Labor and Industries Further,the Sponsor agrees not to enter into any
arrangements or contracts related to this Agreement with any party that is on Washington State
Department of Labor and Industries'"Debarred Contractor List "
SECTION 9 RECORDS
A. Digital Records. If requested by RCO the Sponsor must provide a digital file(s)of the project
property and funded project site in a format specified by the RCO
B. Maintenance.The Sponsor shall maintain books, records,documents, data and other evidence
relating to this Agreement and performance of the services described herein,including but not limited
to accounting procedures and practices which sufficiently and properly reflect all direct and indirect
costs of any nature expended in the performance of this Agreement Sponsor shall retain such
records for a period of six years from the date RCO deems the project complete,as defined in Section
11 PROJECT REIMBURSEMENTS If any litigation,claim or audit is started before the expiration of
the six(6)year period,the records shall be retained until all litigation claims, or audit findings
involving the records have been resolved In order to satisfy 15 CFR 24.42(b) &(c) For projects that
contain Pacific Coast Salmon Recovery Funds or are used as match to Pacific Coast Salmon
Recovery Funds the sponsor shall retain records for a period of nine years from the date RCO deems
the project complete as defined in Section 11 PROJECT REIMBURSEMENTS.
C. Access to Records and Data.At no additional cost, the records relating to the Agreement, including
materials generated under the Agreement, shall be subject at all reasonable times to inspection,
review or audit by RCO, personnel duly authorized by RCO, the Office of the State Auditor, and
federal and state officials so authorized by law, regulation or agreement. This includes access to all
information that supports the costs submitted for payment under the grant and all findings,
conclusions, and recommendations of the Sponsor's reports including computer models and
methodology for those models
D Public Records.Sponsor acknowledges that the funding board is subject to RCW 42.56 and that this
Agreement and any records Sponsor submits or has submitted to the State shall be a public record as
defined in RCW 42.56 RCO administers public records requests per WAC 286-06 and 420-04
Additionally, in compliance with RCW 77 85.130(8), Sponsor agrees to disclose any information in
regards to expenditure of any funding received from the SRFB By submitting any record to the State,
Sponsor understands that the State may be requested to disclose or copy that record under the state
public records law, currently codified at RCW 42.56 The Sponsor warrants that It possesses such
legal rights as are necessary to permit the State to disclose and copy such document to respond to a
request under state public records laws The Sponsor hereby agrees to release the State from any
claims arising out of allowing such review or copying pursuant to a public records act request, and to
indemnify against any claims arising from allowing such review or copying and pay the reasonable
cost of state's defense of such claims
SECTION 10 PROJECT FUNDING
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A Authority This Agreement is funded through a grant award from the recreation and conservation
funding board per WAC 286 and/or the salmon recovery funding board per WAC 420 The director of
RCO enters into this Agreement per delegated authority in RCW 79A.25.020 and 77.85.120
B Additional Amounts.The funding board shall not be obligated to pay any amount beyond the dollar
amount as identified in this Agreement,unless an additional amount has been approved in advance
by the funding board or director and incorporated by written amendment into this Agreement
C. Before the Agreement. No expenditure made,or obligation incurred, by the Sponsor before the
project start date shall be eligible for grant funds, in whole or in part, unless specifically provided for
by funding board policy such as a waiver of retroactivity or program specific eligible pre-Agreement
costs For reimbursements of such costs, this Agreement must be fully executed and an original
received by RCO The dollar amounts identified in this Agreement may be reduced as necessary to
exclude any such expenditure from reimbursement
D. Requirements for Federal Subawards Pre-Agreement costs before the federal award date In
Section H' FEDERAL FUND INFORMATION are Ineligible unless approved by the federal award
agency(2 C.F R§200.458 (2013))
E After the Period of Performance No expenditure made,or obligation incurred following the period
of performance shall be eligible in whole or in part,for grant funds hereunder In addition to any
remedy the funding board may have under this Agreement, the grant amounts identified in this
Agreement shall be reduced to exclude any such expenditure from participation
SECTION 11 PROJECT REIMBURSEMENTS
A Reimbursement Basis.This Agreement is administered on a reimbursement basis per WAC 286-13
and/or 420-12 Only the primary Sponsor may request reimbursement for eligible and allowable costs
incurred during the period of performance The primary Sponsor may only request reimbursement
after(1) this Agreement has been fully executed and (2)the Sponsor has remitted payment to its
vendors RCO will authorize disbursement of project funds only on a reimbursable basis at the
percentage as defined in Section G PROJECT FUNDING Reimbursement shall not be approved for
any expenditure not incurred by the Sponsor or for a donation used as part of its matching share
RCO does not reimburse for donations All reimbursement requests must include proper
documentation of expenditures as required by RCO
B. Reimbursement Request Frequency The primary Sponsor is required to submit a reimbursement
request to RCO, at a minimum for each project at least once a year for reimbursable activities
• occurring between July 1 and June 30 or as identified in the milestones Sponsors must refer to the
most recently published/adopted RCO policies and procedures regarding reimbursement
requirements
C. Compliance and Payment.The obligation of RCO to pay any amount(s) under this Agreement is
expressly conditioned on strict compliance with the terms of this Agreement and other agreements
between RCO and the Sponsor
D Retainage Held Until Project Complete RCO reserves the right to withhold disbursement of the
total amount of the grant to the Sponsor until the project has been completed A project is considered
"complete"when
• 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,
RCO 18-1659P Revision Date 1/11/2018 Page 15 of 38
5. A final reimbursement request is submitted to RCO,
6 The completed project has been accepted by RCO,
7 Final amendments have been processed;
8. Fiscal transactions are complete and
9 RCO has accepted a final boundary map, if requested by RCO for which the Agreement terms
will apply in the future
10. Notice of Grant(if applicable) filed with the county lands records office and a stamped copy
received by RCO
E Requirements for Federal Subawards Match The Sponsor's matching share must comply with 2
C.F R §200.306 (2013) Any shared costs or matching funds and all contributions, including cash
and third party in-kind contributions, can be accepted as part of the Sponsor's matching share when
such contributions meet all of the following criteria
1 Are verifiable from the non-Federal entity's(Sponsor's) records,
2. Are not included as contributions for any other Federal award,
3 Are necessary and reasonable for accomplishment of project or program objectives,
4. Are allowable under 2 C.F R Part 200,Subpart E—Cost Principles(2013),
5 Are not paid by the Federal Government under another Federal award, except where the
Federal statute authorizing a program specifically provides that Federal funds made available
for such program can be applied to matching or cost sharing requirements of other Federal
programs;
6. Are provided for in the approved budget when required by the Federal awarding agency
identified in Section H' FEDERAL FUND INFORMATION of this Agreement; and
7 Conform to other provisions of 2 C.F R. Part 200, Subpart D---Post Federal Award
Requirements(2013), as applicable
F Requirements for Federal Subawards Close out. Per 2 C.F R§200.343 (2013), the non-Federal
entity(Sponsor) must
1 Submit, no later than 90 calendar days after the end date of the period of performance,all
financial, performance, and other reports as required by the terms and conditions of the
Federal award The Federal awarding agency or pass-through entity (RCO) may approve
extensions when requested by the Sponsor
2. Liquidate all obligations incurred under the Federal award not later than 90 calendar days after
the end date of the period of performance as specified in the terms and conditions of the
Federal award
3 Refund any balances of unobligated cash that the Federal awarding agency or pass-through
entity (RCO) paid in advance or paid and that are not authorized to be retained by the
non-Federal entity(Sponsor) for use in other projects. See OMB Circular A-129 and see 2
C.F R§200.345 Collection of amounts due (2013),for requirements regarding unreturned
amounts that become delinquent debts
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4. Account for any real and personal property acquired with Federal funds or received from the
Federal Government in accordance with 2 C.F R§§200.310 Insurance coverage through
200.316 Property rust relationship and 200.329 Reporting on real property(2013)
SECTION 12. ADVANCE PAYMENTS
Advance payments of or in anticipation of goods or services are not allowed unless approved by the RCO
director and are consistent with legal requirements and Manual 8 Reimbursements See WAC 420-12
SECTION 13. RECOVERY OF PAYMENTS
A. Recovery for Noncompliance. In the event that the Sponsor fails to expend funds under this
Agreement in accordance with state and federal laws,and/or the provisions of the Agreement, or
meet Its percentage of the project total, RCO reserves the right to recover grant award funds in the
amount equivalent to the extent of noncompliance in addition to any other remedies available at law or
in equity
B. Overpayment Payments.The Sponsor shall reimburse RCO for any overpayment or erroneous
payments made under the Agreement Repayment by the Sponsor of such funds under this recovery
provision shall occur within 30 days of demand by RCO Interest shall accrue at the rate of twelve
percent(12%)per annum from the time that payment becomes due and owing
C. Requirements for Federal Subawards RCO, acting as a pass-through entity, may impose any of
the remedies as authorized in 2 C.F R§§200.207 Specific conditions and/or 200.338 Remedies for
noncompliance(2013)
SECTION 14. COVENANT AGAINST CONTINGENT FEES
The Sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this J,
Agreement on an agreement or understanding for a commission percentage brokerage or contingent fee,
excepting bona fide employees or bona fide established agents maintained by the Sponsor for the purpose of
securing business. RCO shall have the right, in the event of breach of this clause by the Sponsor,to terminate
this Agreement without liability or, in its discretion, to deduct from the Agreement grant amount or
consideration or recover by other means the full amount of such commission, percentage, brokerage or
contingent fee
SECTION 15. INCOME (AND FEES)AND USE OF INCOME
RCFB Projects. See WAC 286-13-110 for additional requirements for projects funded from the RCFB.
A Income
1 Farm and Forest Account(Farmland and Forestland Preservation Grants) Excepted from
this section is income generated and fees paid on/for properties which received funds from the
Farm and Forest Account (RCW 79A 15 130)
2 Firearms and Archery Range Recreation Projects Excepted from this section are safety
classes(firearm and/or hunter) for which a facility/range fee must not be charged(RCW
79A.25.210)
3. Compatible source.The source of any income generated in a funded project or project area
must be compatible with the funding source and the Agreement and any policies adopted by
the RCFB or SRFB
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B. Use of Income Subject to any limitations contained in applicable state or federal law and applicable
rules and policies, income or fees generated at a project work site(including entrance, utility corridor
permit,cattle grazing, timber harvesting,farming, etc.) during or after the reimbursement period cited
in the Agreement, must be used to offset
1 The Sponsor's matching resources,
2 The project's total cost,
3. The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility
or program assisted by the funding board grant;
4. The expense of operation, maintenance stewardship monitoring, and/or repair of other similar
units in the Sponsor's system,
5. Capital expenses for similar acquisition and/or development and renovation, and/or
6. Other purposes explicitly approved by RCO
C. Fees User and/or other fees may be charged in connection with land acquired or facilities developed
maintained, renovated or restored with funding board grants if the fees are consistent with the
1 Grant program laws, rules, policies and funding board policies,
2. Value of any service(s)furnished,
3. Value of any opportunities furnished,and
4. Prevailing range of public fees in the state for the activity involved
D. Requirements for Federal Subawards Sponsors must also comply with 2 C F.R §200.307
Program income(2013).
SECTION 16 PROCUREMENT REQUIREMENTS
A. Procurement Requirements.If the Sponsor has, or is required to have,a procurement process that
follows applicable state and/or federal law or procurement rules and principles, it must be followed,
documented, and retained If no such process exists the Sponsor must follow these minimum
procedures
1 Publish a notice to the public requesting bids/proposals for the project,
2 Specify in the notice the date for submittal of bids/proposals,
3 Specify in the notice the general procedure and criteria for selection and
4. Sponsor must contract or hire from within its bid pool If bids are unacceptable the process
needs to be repeated until a suitable bid is selected
5. Comply with the same legal standards regarding unlawful discrimination based upon race
gender,ethnicity,sex, or sex-orientation that are applicable to state agencies in selecting a
bidder or proposer
Alternatively Sponsor may choose a bid from a bidding cooperative if authorized to do so
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This procedure creates no rights for the benefit of third parties, including any proposers, and
may not be enforced or subject to review of any kind or manner by any entity other than the
RCO Sponsors may be required to certify to the RCO that they have followed any applicable
state and/or federal procedures or the above minimum procedure where state or federal
procedures do not apply
B. Requirements for Federal Subawards.
1. For all Federal subawards except RTP projects, non-Federal entities (Sponsors) must follow 2
C.F R§§200.318 General procurement standards through 200.326 Contract Provisions
(2013)
2. For RTP subawards, Sponsors follow such policies and procedures allowed by the State when
procuring property and services under a Federal award (2 C.F R § 1201 317(2013)) State
procurement policies are in subsection A of this section
SECTION 17 TREATMENT OF EQUIPMENT AND ASSETS
Equipment shall be used and managed only for the purpose of this Agreement unless otherwise provided
herein or In published funding board policies, or approved by RCO in writing
A. Discontinued Use Equipment obtained under this Agreement shall remain in the possession of the
Sponsor for the duration of the project, or RULES of applicable grant assisted program When the
Sponsor discontinues use of the equipment for the purpose for which it was funded, RCO may require
the Sponsor to deliver the equipment to RCO, or to dispose of the equipment according to RCO
published policies.
B Loss or Damage.The Sponsor shall be responsible for any loss or damage to equipment.
C Requirements for Federal Subawards.Except in the RTP procedures for managing equipment
(including replacement equipment), whether acquired in whole or In part under a Federal award or
match for the award, until disposition takes place will, at a minimum, meet the following requirements
(2 C.F R§200.313(2013))
1 Property records must be maintained that include a description of the property, a serial
number or other identification number, the source of funding for the property(including the
Federal Award Identification Number), who holds title, the acquisition date, and cost of the
property, percentage of Federal participation in the project costs for the Federal award under
which the property was acquired,the location, use and condition of the property,and any
ultimate disposition data including the date of disposal and sale price of the property
2. A physical inventory of the property must be taken and the results reconciled with the property
records at least once every two years.
3 A control system must be developed to ensure adequate safeguards to prevent loss,damage,
or theft of the property Any loss, damage, or theft must be investigated
4. Adequate maintenance procedures must be developed to keep the property in good condition
5. If the non-Federal entity is authorized or required to sell the property, proper sales procedures
must be established to ensure the highest possible return
D Requirements for RTP Subawards.
1 The subrecipient(Sponsor) shall follow such policies and procedures prescribed by and
allowed by the State, as well as federal law and federal rules issued by the Federal Highways
Administration and 2 CFR 200
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2 Sponsor may be required to pay prevailing wage rates as required by the Davis Bacon Act as
amended
SECTION 18 RIGHT OF INSPECTION
The Sponsor shall provide right of access to the project to RCO, or any of its officers, or to any other
authorized agent or official of the state of Washington or the federal government, at all reasonable times, in
order to monitor and evaluate performance, long-term obligations compliance, and/or quality assurance under
this Agreement
If a landowner agreement or other form of control and tenure as described in Section 23.0 Control and
Tenure has been executed, it will further stipulate and define the funding board and RCO's right to inspect and
access lands acquired or developed with funding board assistance
SECTION 19. STEWARDSHIP AND MONITORING
Sponsor agrees to perform monitoring and stewardship functions as stated in funding board policy, this
Agreement, or as otherwise directed by RCO consistent with existing policies Sponsor further agrees to
utilize,where applicable and financially feasible, any monitoring protocols recommended by the funding board
SECTION 20 PREFERENCES FOR RESIDENTS
Sponsors shall not express a preference for users of grant assisted projects on the basis of residence
(including preferential reservation, membership, and/or permit systems) except that reasonable differences in
admission and other fees may be maintained on the basis of residence Fees for nonresidents must not
exceed twice the fee imposed on residents Where there is no fee for residents but a fee is charged to
nonresidents, the nonresident fee shall not exceed the amount that would be imposed on residents at
comparable state or local public facilities
SECTION 21 ACKNOWLEDGMENT AND SIGNS
A Publications The Sponsor shall include language which acknowledges the funding contribution of
the applicable grant program to this project in any release or other publication developed or modified
for, or referring to,the project during the project period and in the future
B Signs.
1 During the period of performance through the period of long-term obligation,the Sponsor shall
post openly visible signs or other appropriate media at entrances and other locations on the
project area that acknowledge the applicable grant program's funding contribution, unless
exempted in funding board policy or waived by the director; and
2. During the period of long-term obligation the Sponsor shall post openly visible signs or other
appropriate media at entrances and other locations to notify the public of the availability of the
site for reasonable public access
C Ceremonies The Sponsor shall notify RCO no later that-11w°weeks before a dedication ceremony
for this project. The Sponsor shall verbally acknowledge the applicable grant program's funding
contribution at all dedication ceremonies.
D Federally Funded Projects When issuing statements, press releases requests for proposals, bid
solicitations,and other documents describing a project funded in whole or in part with federal money
provided for in this grant, Sponsors shall clearly state:
1 The fund source,
2 The percentage of the total costs of the project that is financed with federal money
RCO 18-1659P Revision Date 1/11!2018 Page 20 of 38
3 The dollar amount of federal funds for the project, and
4. The percentage and dollar amount of the total costs of the project that is financed by
nongovernmental sources
SECTION 22 PROVISIONS FOR BOATING PROJECT GRANTS
If requested by RCO, or required per state or federal law or rule with respect to any project or project element
that supports recreational boating Sponsor shall manage the project or project element per federal rules to
include 2 C.F R. Part 200,and place a United States Coast Guard(or other federal agency) Ipgo and funding
program information at the project site
SECTION 23. PROVISIONS APPLYING TO DEVELOPMENT,MAINTENANCE,RENOVATION,AND
RESTORATION PROJECTS
The following provisions shall be in force only if the project described in this Agreement is for construction of
land or facilities in a development, maintenance. renovation or restoration project
A Operations and Maintenance. Properties, structures, and facilities developed, maintained,or
operated with the assistance of money granted by the board and within the project area shall be built,
operated, and maintained according to applicable regulations, laws, building codes, and health and
public safety standards to assure a reasonably safe condition and to prevent premature deterioration
(WAC 286 13 130) It is the Sponsor's sole responsibility to ensure the same are operated and
maintained in a safe and operable condition The RCO does not conduct safety inspections or employ
or train staff for that purpose
B. Document Review and Approval. Prior to commencing construction or finalizing the design, the
Sponsor agrees to submit one copy of all construction and restoration plans and specifications to
RCO for review solely for compliance with the scope of work to be identified in the Agreement RCO
does not review for, and disclaims any responsibility to review for safety, suitability, engineering,
compliance with code,or any matters other than the scope so identified Although RCO staff may
provide tentative guidance to a Sponsor on matters related to site accessibility by persons with a
disability, it is the Sponsor's responsibility to confirm that all legal requirements for accessibility are
met even if the RCO guidance would not meet such requirements
1 Change orders that impact the amount of funding or changes to the scope of the project as
described to and approved by the funding board or RCO must receive prior written approval of
the board or RCO
C. Control and Tenure The Sponsor must provide documentation that shows appropriate tenure (such
as landowner agreement, long-term lease, easement,or fee simple ownership)for the land proposed
for construction The documentation must meet current RCO requirements identified in the
appropriate grant program policy manual as of the effective date of this Agreement and determines
the long-term compliance period unless otherwise approved by the board
D Nondiscrimination. Except where a nondiscrimination clause required by a federal funding agency is
used; the Sponsor shall insert the following nondiscrimination clause in each contract for construction
of this project'
"During the performance of this contract,the contractor agrees to comply with all federal and state
nondiscrimination laws, regulations and policies"
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E Use of Best Management Practices Sponsors are encouraged to use best management practices
including those developed as part of the Washington State Aquatic Habitat Guidelines (AHG)
Program AHG documents include"Integrated Streambank Protection Guidelines" 2002, Land Use
Planning for Salmon Steelhead and Trout A land use planner's guide to salmonid habitat protection
and recovery", 2009","Protecting Nearshore Habitat and Functions in Puget Sound",2010, "Stream
Habitat Restoration Guidelines",2012, 'Water Crossing Design Guidelines" 2013, and "Marine
Shoreline Design Guidelines", 2014 These documents, along with new and updated guidance
documents, and other information are available on the AHG Web site Sponsors are also encouraged
to use best management practices developed by the Washington Invasive Species Council (WISC)
described in"Reducing Accidental Introductions of Invasive Species"which is available on the WISC
Web site
SECTION 24. PROVISIONS APPLYING TO ACQUISITION PROJECTS
The following provisions shall be In force only if the project described in this Agreement is an acquisition
project(including projects with any acquisition component)
A Evidence of Land Value.Before disbursement of funds by RCO as provided under this Agreement,
the Sponsor agrees to supply documentation acceptable to RCO that the cost of the property rights
acquired has been established according to funding board policy
B. Evidence of Title The Sponsor agrees to provide documentation that shows the type of ownership
interest for the property that has been acquired This shall be done before any payment of financial
assistance
C Legal Description of Real Property Rights Acquired The legal description of the real property
rights purchased with funding assistance provided through this Agreement (and protected by a
recorded conveyance of rights to the State of Washington)shall be delivered to RCO before final
payment.
D Conveyance of Rights to the State of Washington When real property rights(both fee simple and
lesser interests) are acquired,the Sponsor agrees to execute an appropriate document conveying
certain rights and responsibilities to RCO, on behalf of the State of Washington These documents
include a Deed of Right,Assignment of Rights Easements and/or Leases as described below The
Sponsor agrees to use document language provided by RCO,to record the executed document In the
County where the real property lies, and to provide a copy of the recorded document to RCO The
document required will vary depending on the funding board project type, the real property rights
being acquired and whether or not those rights are being acquired in perpetuity
1 Deed of Right The Deed of Right conveys to the people of the state of Washington the right
to preserve, protect,access, and/or use the property for public purposes consistent with the
funding source and project agreement. See WAC 286 or 420 Sponsors shall use this
document when acquiring real property rights that include the underlying land This document
may also be applicable for those easements where the Sponsor has acquired a perpetual
easement for public purposes
2 Assignment of Rights The Assignment of Rights document transfers certain rights to RCO
and the state such as public access access for compliance, and enforcement Sponsors shall
use this document when an easement or lease is being acquired under this Agreement The
Assignment of Rights requires the signature of the underlying landowner and must be
incorporated by reference in the easement document.
3, Easements and Leases The Sponsor may incorporate required language from the Deed of
Right or Assignment of Rights directly into the easement or lease document, thereby
eliminating the requirement for a separate document. Language will depend on the situation,
Sponsor must obtain RCO approval on the draft language prior to executing the easement or
lease
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E Real Property Acquisition and Relocation Assistance
1 Federal Acquisition Policies When federal funds are part of this Agreement,the Sponsor
agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, 84 Stat. 1894(1970)--Public Law 91-646, as
amended, and applicable regulations and procedures of the federal agency implementing that
Act.
2. State Acquisition Policies When state funds are part of this Agreement, the Sponsor agrees
to comply with the terms and conditions of the Uniform Relocation Assistance and Real
Property Acquisition Policy of the State of Washington,Chapter 8.26 RCW and Chapter
468-100 WAC
3 Housing and Relocation. In the event that housing and relocation costs, as required by
federal law set out in subsection(1) above and/or state law set out in subsection(2)above,
are involved in the execution of this project,the Sponsor agrees to provide any housing and
relocation assistance required
F. Buildings and Structures In general, grant funds are to be used for outdoor recreation,
conservation, or salmon recovery Sponsors agree to remove or demolish ineligible structures.
Sponsor must consult with RCO regarding treatment of such structures and compliance with Section
8.D Archeological and Cultural Resources
G Hazardous Substances
1 Certification The Sponsor shall inspect, investigate and conduct an environmental audit of
the proposed acquisition site for the presence of hazardous substances, as defined in RCW
70 105D.020(13), and certify-
a No hazardous substances were found on the site, or
b Any hazardous substances found have been treated and/or disposed of in compliance
with applicable state and federal laws, and the site deemed"clean "
2 Responsibility Nothing in this provision alters the Sponsor's duties and liabilities regarding
hazardous substances as set forth in RCW 70 105D
3. Hold Harmless.The Sponsor will defend, protect and hold harmless the State and any and all
of its employees and/or agents, from and against any and all liability, cost(including but not
limited to all costs of defense and attorneys'fees) and any and all loss of any nature from any
and all claims or suits resulting from the presence of, or the release or threatened release of,
hazardous substances on the property the Sponsor is acquiring, except to the extent, if any,
that the State its officers and agents caused or contributed to the release The funding board
and RCO are included within the term State, as are all other agencies,departments, boards
councils, committees, divisions, bureaus, offices, societies or other entities of state
government
H Requirements for Federal Subawards.The non-federal entity(Sponsor)must submit reports at
least annually on the status of real property in which the federal government retains an interest,
unless the federal interest in the real property extends 15 years or longer In those instances where
the federal interest attached is for a period of 15 years or more, the federal awarding agency or the
pass-through entity(RCO), at Its option, may require the Sponsor to report at various multi-year
frequencies(e.g., every two years or every three years, not to exceed a five-year reporting period,or
a federal awarding agency or RCO may require annual reporting for the first three years of a federal
award and thereafter require reporting every five years) (2 C.F R§200,329 (2013))
SECTION 25. LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS
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A. Long-Term Obligations of RCFB Projects Sponsor shall comply with WAC 286-13-160, 170 and
180
B. Long-Term Obligations of SRFB Projects Sponsor shall comply with WAC 420
C Perpetuity For acquisition, development, and restoration projects, or a combination thereof unless
otherwise allowed by policy, program rules, or this Agreement, or approved in writing by RCO or the
funding board, RCO requires that the project area continue to function as intended after the period of
performance in perpetuity
D Conversion.The Sponsor shall not at any time convert any real property(including any interest
therein)or facility acquired, developed, renovated and/or restored pursuant to this Agreement, unless
provided for in applicable statutes, rules, and policies Conversion includes, but is not limited to
putting such property to uses other than those purposes for which funds were approved or
transferring such property to another entity without prior approval via a written amendment to the
Agreement.Also see WAC Title 286 or 420 and applicable policies All real property or facilities
acquired, developed renovated, and/or restored with funding assistance shall remain in the same
ownership and in public use/access status in perpetuity unless otherwise expressly provided in the
Agreement or applicable policy or unless a transfer or change in use is approved by the funding board
through an amendment. Failure to comply with these obligations is a conversion. Further, if the project
is subject to operation and or maintenance obligations, the failure to comply with such obligations
without cure after a reasonable period as determined by the RCO, is a conversion Determination of
whether a conversion has occurred shall be based upon this Agreement, applicable law and
RCFB/SRFB policies
For acquisition projects that are expressly term limited in the Agreement such as one involving a
lease or a term-limited restoration, renovation or development project or easement,the restriction on
conversion shall apply only for the length of the term unless otherwise provided in this Agreement, by
funding board policy, other RCO approved written documents or required by applicable state or
federal law
When a conversion has been determined to have occurred, the Sponsor is required to remedy the
conversion per established funding board policies, and the board or RCO may pursue such remedies
as are allowed by law and board policies and/or this Agreement
SECTION 26 CONSTRUCTION,OPERATION, USE AND MAINTENANCE OF ASSISTED PROJECTS
The following provisions shall be in force only if the project described in this Agreement is an acquisition,
development, maintenance, renovation, or restoration project'
A. Property and facility operation and maintenance Sponsor must ensure that properties or facilities
assisted with funding board funds, including undeveloped sites, are built, operated,used and
maintained'
1 According to applicable federal state and local laws and regulations, Including public health
standards and building codes,
2. In a reasonably safe condition for the project's intended use,
3. Throughout its estimated useful service life so as to prevent undue deterioration,
4. In compliance with all federal and state nondiscrimination laws, regulations and policies
B Open to the public Unless otherwise specifically provided for in the Agreement of funding board
policies, and in compliance with applicable statutes, rules, and funding board policies facilities must
be open and accessible to the general public and must:
RCO 15-1659P Revision Date 1/11/2018 Page 24 of 38
1. Be constructed, maintained, and operated to meet or exceed the minimum requirements of the
most current guidelines or rules, local or state codes, Uniform Federal Accessibility Standards,
guidelines, or rules, including but not limited to:the International Building Code, the Americans
with Disabilities Act, and the Architectural Barriers Act, as amended and updated
2. Appear attractive and inviting to the public except for brief installation, construction, or
maintenance periods.
3. Be available for appropriate use by the general public at reasonable hours and times of the
year, according to the type of area or facility, unless otherwise stated in RCO manuals by a
decision of the board, or by RCO In writing Sponsor shall notify the public of the availability for
use by posting and updating that information on its website and by maintaining at entrances
and/or other locations openly visible signs with such information
SECTION 27. RECORDED NOTICE OF GRANT
At the request of RCO Sponsor shall record a notice of grant on the property and shall submit to the RCO a
recorded and registry stamped copy of such notice The purpose of the notice of grant is to ensure that the
present and future use of the facility is and shall remain subject to the terms and conditions described in this
Agreement. The notice of grant shall be in a format specified by RCO
SECTION 28 PROVISIONS RELATED TO CORPORATE(INCLUDING NONPROFIT) SPONSORS
A corporate Sponsor, including any nonprofit Sponsor, shall
A Maintain corporate status with the state, including registering with the Washington Secretary of State
s office,throughout the Sponsor's obligation to the project as identified in the Agreement
B. Notify RCO before corporate dissolution at any time during the period of performance or long-term
obligations Within 30 days of dissolution the Sponsor shall name a qualified successor that will agree
in writing to assume any on-going project responsibilities, and transfer all property and assets to the
successor A qualified successor is any party eligible to apply for funds in the subject grant program
and capable of complying with the terms and conditions of this Agreement RCO will process an
amendment transferring the Sponsor's obligation to the qualified successor if requirements are met
C. Maintain sites or facilities open to the public and may not limit access to members
SECTION 29 PROVISIONS FOR FEDERAL SUBAWARDS ONLY
The following provisions shall be in force only if the project described in this Agreement is funded with a
federal subaward as identified in Section H FEDERAL FUND Information
A. Sub-Recipient(Sponsor) must comply with the cost principles of 2 C.F R Part 200 Subpart E (2013)
Unless otherwise indicated, the cost principles apply to the use of funds provided under this
Agreement to include match and any in kind matching donations The applicability of the cost
principles depends on the type of organization incurring the costs
B Binding Official Per 2 CFR 200.415, Sponsor certifies through its actions or those of authorized
staff at the time of a request for reimbursement,the following. "To the best of my knowledge and
belief that the report is true, complete, and accurate, and the expenditures,disbursements and cash
receipts are for the purposes and objectives set forth in the terms and conditions of the Federal
award. I am aware that any false,fictitious, or fraudulent information, or the omission of any material
fact, may subject me to criminal, civil or administrative penalties for fraud,false statements false
claims or otherwise (U.S Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and
3801 3812)"
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C Equal Employment Opportunity Except as otherwise provided under 41 C.F R. Part 60, all
contracts that meet the definition of"federally assisted construction contract" in 41 C.F R §60-1 3
must include the equal opportunity dause 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.0 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.0 3141-3148)
as supplemented by Department of Labor regulations(29 C.F R. § 5, "Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction")
In accordance with the statute, contractors must be required to pay wages to laborers and mechanics
at a rate not less than the prevailing wages specified in a wage determination made by the Secretary
of Labor In addition,contractors must be required to pay wages not less than once a week The
non-federal entity(Sponsor)must place a copy of the current prevailing wage determination issued by
the Department of Labor in each solicitation The decision to award a contract or subcontract must be
conditioned upon the acceptance of the wage determination The non-Federal entity(Sponsor)must
report all suspected or reported violations to the federal awarding agency identified in Section H
Federal Fund Information
The contracts must also include a provision for compliance with the Copeland"Anti-Kickback'Act(40
U S C 3145), as supplemented by Department of Labor regulations(29 C F R Part 3, "Contractors
and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States") The Act provides that each contractor or subrecipient (Sponsor) must
be prohibited from inducing, by any means, any person employed in the construction,completion, or
repair of public work.to give up any part of the compensation to which he or she is otherwise entitled
The non-Federal entity(Sponsor) must report all suspected or reported violations to the Federal
awarding agency identified in Section H Federal Fund Information
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E Contract Work Hours and Safety Standards Act(40 U.S.C.3701-3708).Where applicable, all
contracts awarded by the non-federal entity(Sponsor)in excess of$100,000 that involve the
employment of mechanics or laborers must include a provision for compliance with 40 U.S.0 3702
and 3704, as supplemented by Department of Labor regulations(29 C.F R Part 5) Under 40 U.S.0
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.0 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.0 7401-7671q) and the Federal Water
Pollution Control Act as amended (33 U.S.0 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.0 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.0 1352 Each tier must also disclose
any lobbying with non-federal funds that takes place in connection with obtaining any federal award
Such disclosures are forwarded from tier to tier up to the non-federal award
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I. Procurement of Recovered Materials A non-federal entity(Sponsor)that is a state agency or
agency of a political subdivision of a state and its contractors must comply with section 6002 of the
Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act The
requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA)at 40 C.F R part 247 that contain the highest percentage of
recovered materials practicable, consistent with maintaining a satisfactory level of competition where
the purchase price of the item exceeds$10,000 or the value of the quantity acquired during the
preceding fiscal year exceeded $10,000, procuring solid waste management services in a manner
that maximizes energy and resource recovery, and establishing an affirmative procurement program
for procurement of recovered materials identified in the EPA guidelines
J Required Insurance.The non-federal entity (Sponsor)must, at a minimum provide the equivalent
insurance coverage for real property and equipment acquired or improved with federal funds as
provided to property owned by the non-federal entity Federally-owned property need not be insured
unless required by the terms and conditions of the Federal award(2 C.F.R§200.310 (2013))
K Debarment and Suspension(Executive Orders 12549 and 12689) The Sponsor must not award a
contract to parties listed on the government-wide exclusions in the System for Award Management
(SAM), in accordance with the Office of Management and Budget (OMB)guidelines at 2 C.F R§ 180
that implement Executive Orders 12549 (3 C.F.R part 1986 Comp., p 189) and 12689 (3 C.F R part
1989 Comp., p 235), "Debarment and Suspension" SAM Exclusions contains the names of parties
debarred, suspended,or otherwise excluded by agencies, as well as parties declared ineligible under
statutory or regulatory authority other than Executive Order 12549
L. Conflict of Interest.Sponsor agrees to abide by the conflict of interest policy and requirements of the
federal funding agency established pursuant to 2 C.F R 200
SECTION 30 PROVISIONS FOR BOATING INFRASTRUCTURE GRANTS
A Use of Sport Fish Restoration Logo. Per 50 CFR 86 Sec 75 and 76, the user of the logo must
indemnify and defend the United States and hold it harmless from any claims, suits, losses, and
damages from; any allegedly unauthorized use of any patent, process,idea, method, or device by the
user in connection with its use of the logo, or any other alleged action of the user,and any claims
suits, losses, and damages arising from alleged defects in the articles or services associated with the
logo No one may use any part of the logo in any other manner unless the United States Fish and
Wildlife Service's Assistant Director for Wildlife and Sport Fish Restoration or Regional Director
approves in writing.
SECTION 31 PROVISIONS FOR FIREARMS AND ARCHERY RANGE RECREATION PROJECTS ONLY
The following provisions shall be in force only if the project described in this Agreement is funded from the
Firearms and Archery Range Recreation Account
A Liability Insurance The Sponsor of a firearms or archery range recreation project shall procure an
endorsement,or other addition,to liability insurance it carries or shall procure a new policy of liability
insurance, in a total coverage amount the Sponsor deems adequate to ensure it will have resources
to pay successful claims of people who may be killed or injured, or suffer damage to property,while
present at the range facility to which this grant is related, or by reason of being in the vicinity of that
facility, provided that the coverage shall be at least one million dollars ($1,000,000)for the death of or
injury to, each person
B Insurance Endorsement.The liability insurance policy, including any endorsement or addition,shall
name Washington State,the funding board, and RCO as additional insured and shall be in a form
approved by the funding board or director
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C Length of Insurance The policy, endorsement or other addition, or a similar liability insurance policy
meeting the requirements of this section shall be kept in force throughout the Sponsor's obligation to
the project as identified in this Agreement in Section F LONG-TERM OBLIGATIONS.
D Notice of Cancellation The policy, as modified by any endorsement or other addition, shall provide
that the issuing company shall give written notice to RCO not less than thirty(30)calendar days In
advance of any cancellation of the policy by the insurer, and within ten (10)calendar days following
any termination of the policy by the Sponsor
E. Government Agencies.The requirement of Subsection A through D above shall not apply if the
Sponsor is a federal, state, or municipal government which has established a program of
self-insurance or a policy of self-insurance with respect to claims arising from its facilities or activities
generally, including such facilities as firearms or archery ranges,when the applicant declares and
describes that program or policy as a part of its application to the funding board
F. Sole Duty of the Sponsor By this requirement,the funding board and RCO does not assume any
duty to any Individual person with respect to death, injury, or damage to property which that person
may suffer while present at, or in the vicinity of,the facility to which this grant relates Any such
person or any other person making claims based on such death, injury, or damage, must look to the
Sponsor, or others, for any and all remedies that may be available by law
SECTION 32. PROVISIONS FOR LAND AND WATER CONSERVATION FUND PROJECTS ONLY
If the project has been approved by the National Park Service, US Department of the Interior, for funding
assistance from the federal Land and Water Conservation Fund (LWCF), the"LWCF Grant Agreement
General Provisions are made part of this Agreement and incorporated herein The Sponsor shall abide by
these LWCF General Provisions, in addition to this Agreement, as they now exist or are hereafter amended
Further,the Sponsor agrees to provide RCO with reports or documents needed to meet the requirements of
the LWCF General Provisions
SECTION 33 PROVISIONS FOR FARM AND FOREST ACCOUNT PROJECTS(FARMLAND AND
FORESTLAND PRESERVATION PROJECTS ONLY)
The following sections will not apply to Farmland and Forestland Preservation Projects if covered separately in
a recorded RCO approved Agricultural Conservation Easement,or Forest Conservation Easement(or other
method)
A Section 15-Income and Income Use
B. Section 19 Stewardship and Monitoring,
C Section 21 -Acknowledgement and Signs,
D Section 24-- Provisions Applying To Acquisition Projects, Sub-sections 0, F and G
E Section 25C-Perpetuity, and
F Section 26- Construction, Operation, Use and Maintenance of Assisted Projects
SECTION 34. PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS ONLY
For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the
Sponsor shall not commence with clearing of riparian trees or in-water work unless either the Sponsor has
complied with 50 C.F R §223.203(b)(8) (2000) limit 8 or until an Endangered Species Act consultation is
finalized in writing by the National Oceanic and Atmospheric Administration Violation of this requirement may
be grounds for terminating this Agreement This section shall not be the basis for any enforcement
responsibility by RCO
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SECTION 35 PROVISIONS FOR PUGET SOUND ACQUISITION AND RESTORATION PROJECTS ONLY
The following provisions shall be in force only if the project described in this Agreement is funded in part or
wholly from the Puget Sound Acquisition and Restoration program
The Sponsor agrees to the following terms and conditions
A Cost Principles/Indirect Costs For State Agencies GRANT RECIPIENT agrees to comply with the
cost principles of 2 CFR 200 Subpart E as appropriate to the award In addition to the US
Environmental Protection Agency's General Terms and Conditions "Indirect Cost Rate Agreements,"if
the recipient does not have a previously established indirect cost rate, it agrees to prepare and submit
its indirect cost rate proposal in accordance with 2 CFR 200 Appendix VII
B. Credit and Acknowledgement. In addition to Section 21 Acknowledgement and Signs, materials
produced must display both the Environmental Protection Agency (EPA)and Puget Sound Partnership
(PSP)logos and the following credit line: "This project has been funded wholly or in part by the United
States Environmental Protection Agency The contents of this document do not necessarily reflect the
views and policies of the Environmental Protection Agency nor does mention of trade names or
commercial products constitute endorsement or recommendation for use "This requirement Is for the
life of the product, whether during or after the Agreement period of performance
C Hotel Motel Fire Safety Act. Sponsor agrees to ensure that all conference, meeting, convention, or
training space funded in whole or part with federal funds, complies with the federal Hotel and Motel
Fire Safety Act(PL 101-391, as amended) Sponsors may search the Hotel-Motel National Master List
@ http://www usfa.dhs.gov/applications/hotel to see if a property is in compliance or to find other
information about the Act
D Drug Free Workplace Certification Sub-recipient(Sponsor) shall make an ongoing good faith effort
to maintain a drug-free workplace pursuant to the specific requirements set forth in 2 C.F R. Part
1536 Subpart B Additionally, in accordance with these regulations,the recipient organization shall
identify all known workplaces under its federal awards, and keep this information on file during the
performance of the award, Sponsors who are individuals must comply with the drug-free provisions
set forth in 2 C.F R Part 1536 Subpart C The consequences for violating this condition are detailed
under 2 C.F R. Part 1536 Subpart E
E Management Fees Management fees or similar charges in excess of the direct costs and approved
indirect rates are not allowable.The term"management fees or similar charges"refers to the
expenses added to direct costs in order to accumulate and reserve funds for ongoing business
expenses, unforeseen liabilities or for other similar costs that are not allowable Management fees or
similar charges may not be used to improve or expand the project funded under this Agreement,
except for the extent authorized as a direct cost of carrying out the scope of work
F. Trafficking in Persons and Trafficking Victim Protection Act of 2000(TVPA) This provision
applies only to a sub-recipient(Sponsor), and all sub-awardees of sub-recipient(Sponsor) if any
Sub-recipient(Sponsor) shall include the following statement in all sub-awards made to any private
entity under this Agreement
'You as the sub-recipient, your employees,sub-awardees under this award, and
sub-awardees'employees may not engage in severe forms of trafficking in persons during the
period of time that the award is in effect, procure a commercial sex act during the period of
time that the award is in effect, or use forced labor in the performance of the award or
sub-awards under this Award "
The sub-recipient(Sponsor), and all sub-awardees of sub-recipient(Sponsor) must inform RCO
immediately of any information you receive from any source alleging a violation of this prohibition
during the award term
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The federal agency funding this Agreement may unilaterally terminate,without penalty,the funding
award if this prohibition is violated, Section 106 of the Trafficking Victims Protection Act of 2000,as
amended
G Lobbying The chief executive officer of this recipient agency (Sponsor)shall ensure that no grant
funds awarded under this Agreement are used to engage in lobbying of the Federal Government or in
litigation against the United States unless authorized under existing law The recipient(Sponsor) shall
abide by its respective Cost Principles (OMB Circulars A-21,A-87, and A-122), which generally
prohibits the use of federal grant funds for litigation against the United States, or for lobbying or other
political activities.
The Sponsor agrees to comply with 40 C.F R Part 34, New Restrictions on Lobbying. Sponsor shall
include the language of this provision in award documents for all sub-awards exceeding$100,000,
and require that sub-awardees submit certification and disclosure forms accordingly
In accordance with the Byrd Anti Lobbying Amendment,any Sponsor who makes a prohibited
expenditure under 40 C.F R. Part 34 or falls 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.
RCO 18-1659P Revision Date 1/11/2018 Page 31 of 38
3 Divide the total requirements,when economically feasible into smaller tasks or quantities,to
permit maximum participation by qualified minority and women's businesses
4. Establish delivery schedules,where work requirements permit,which will encourage
participation of qualified minority and women's businesses
5 Use the services and assistance of the State Office of Minority and Women's Business
Enterprises(OMWBE)and the Office of Minority Business Enterprises of the U S Department
of Commerce as appropriate.
K. MBE/WBE Reporting In accordance with the deviation from 40 C.F R §33.502, signed November 8
2013, DBE reporting is limited to annual reports and only required for assistance agreements where
one or more the following conditions are met:
1 There are any funds budgeted in the contractual/services, equipment or construction lines of
the award;
2. $3,000 or more is included for supplies, or
3 There are funds budgeted for subawards or loans in which the expected budget(s)meet the
conditions as
4. Described in items(a)and (b)
When completing the form, recipients(Sponsors)should disregard the quarterly and
semi-annual boxes in the reporting period Section 1B of the form For annual submissions, the
reports are due by October 30th of each year or 90 days after the end of the project period,
whichever comes first.
The reporting requirement is based on planned procurements Recipients(Sponsors)with
funds budgeted for non-supply procurement and/or$3,000 or more in supplies are required to
report annually whether the planned procurements take place during the reporting period or
not If no procurements take place during the reporting period,the recipient should check the
box in Section 5B when completing the form
MBENWE reports should be sent to the DBE Coordinator in the Sponsor's region Contact
information can be found at http://www.epa.govlosbp/contactpage.htm The coordinators also
can answer any questions
Final MBE/WBE reports must be submitted within 90 days after the project period of the grant
ends To be in compliance with regulations the Sponsor must submit a final MBENVBE 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
RCO 18-1659P Revision Date' 1/11/2018 Page 32 of 38
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/AppKitiform/sflllin_sec.pdf
3 Legal expenses required in the administration of Federal programs are allowable Legal
expenses for prosecution of claims against the Federal Government are unallowable
N Payment to Consultants.EPA participation in the salary rate (excluding overhead)paid to individual
consultants retained by recipients(Sponsors) or by a recipients' (Sponsor's)contractors or
subcontractors shall be limited to the maximum daily rate for Level IV of the Executive Schedule
(formerly GS-18), to be adjusted annually This limit applies to consultation services of designated
individuals with specialized skills who are paid at a daily or hourly rate This rate does not include
transportation and subsistence costs for travel performed (the recipient will pay these in accordance
with his/her normal travel reimbursement practices)
Subagreements with firms for services that are awarded using the procurement requirements in 40
C.F R Parts 30 or 31, are not affected by this limitation unless the terms of the contract provide the
recipient(Sponsor)with responsibility for the selection, direction and control of the individual who will
be providing services under the contract at an hourly or daily rate of compensation See 40 C.F R §
30.27(b)or 40 C.F R §31 369(j), as applicable,for additional information
As of January 1, 2014,the limit Is$602.24 per day$75.28 per hour
RCO 18-1659P Revision Date.1/11/2018 Page 33 of 38
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 P1 will be provided to the Project
Monitor prior to releasing any final reports or products resulting from the funded study
P International Travel (Including Canada) All International Travel must be approved by the US
Environmental Protection Agency's Office of International and Tribal Affairs (OITA)BEFORE travel
occurs Even a brief trip to a foreign country, for example to attend a conference, requires OITA
approval. Please contact your Partnership Project manager as soon as possible if travel is planned
out of the country, including Canada and/or Mexico so that they can submit a request to the EPA
Project Officer if they approve of such travel
Q Unliquidated Obligations(ULO). Sub-recipients and all sub-awardees of Sub-Recipients, if any
should manage their agreement and subaward funding in ways that reduce the length of time that
federal funds obligated and committed to subaward projects are unspent(not yet drawn down through
disbursements to sub-recipients and sub-awardees)
SECTION 36 ORDER OF PRECEDENCE
This Agreement is entered into pursuant to, and under the authority granted by applicable federal and state
laws The provisions of the Agreement shall be construed to conform to those laws In the event of a direct
and irreconcilable conflict between the terms of this Agreement and any applicable statute, rule,or policy or
procedure,the conflict shall be resolved by giving precedence in the following order.
1 Federal law and binding executive orders,
2 Code of federal regulations,
3. Terms and conditions of a grant award to the state from the federal government
4 Federal grant program policies and procedures adopted by.a federal agency that are required
to be applied by federal law;
5 State law(constitution, statute),
6 Washington Administrative Code,
7 Funding board or RCO policies
SECTION 37. LIMITATION OF AUTHORITY
Only RCO's Director or RCO's delegate by writing (delegation to be made prior to action) shall have the
authority to alter,amend, modify, or waive any clause or condition of this Agreement; provided that any such
alteration amendment: modification, or waiver of any clause or condition of this Agreement is not effective or
binding unless made as a written amendment to this Agreement and signed by the RCO Director or delegate
SECTION 38 WAIVER OF DEFAULT
Waiver of any default shall not be deemed to be a waiver of any subsequent default Waiver or breach of any
provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall
not be construed to be a modification of the terms of the Agreement unless stated to be such in writing,
signed by the director or the director's designee, and attached as an amendment to the original Agreement
SECTION 39 APPLICATION REPRESENTATIONS—MISREPRESENTATIONS OR INACCURACY OR
BREACH
RCO 16-1659P Revision Date 1/1112018 Page 34 of 38
The funding board and RCO rely on the Sponsor's application in making its determinations as to eligibility for,
selection for,and scope of, funding grants Any misrepresentation error or inaccuracy in any part of the
application may be deemed a breach of this Agreement
SECTION 40. SPECIFIC PERFORMANCE
The funding board and RCO may enforce this Agreement by the remedy of specific performance,which
usually will mean completion of the project as described in this Agreement and/or enforcement of long-term
obligations However, the remedy of specific performance shall not be the sole or exclusive remedy available
to RCO No remedy available to the funding board or RCO shall be deemed exclusive The funding board or
RCO may elect to exercise any, a combination of, or all of the remedies available to it under this Agreement,
or under any provision of law, common law,or equity, Including but not limited to seeking full or partial
repayment of the grant amount paid and damages.
SECTION 41. TERMINATION AND SUSPENSION
The funding board and RCO will require strict compliance by the Sponsor with all the terms of this Agreement
including, but not limited to,the requirements of the applicable statutes, rules and all funding board and RCO
policies, and with the representations of the Sponsor In its application for a grant as finally approved by the
funding board For federal awards, notification of termination will comply with 2 C F R. §200.340
A For Cause
1. The funding board or the 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 funding board or director
toward completion of the project by the completion date set out in this Agreement
Included in progress is adherence to milestones and other defined deadlines, or
c If the primary and secondary Sponsors)cannot mutually agree on the process and
actions needed to implement the project,
2. Prior to termination the RCO or the funding board shall notify the Sponsor in writing of the
opportunity to cure If corrective action is not taken within 30 days or such other time period
that the director or board approves in writing, the Agreement may be terminated In the event
of termination the Sponsor shall be liable for damages or other relief as authorized by law
and for 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
RCO 18-1659P Revision Date-1/11/2018 Page 35 of 38
C Rights of Remedies of the RCO
1 The rights and remedies of RCO provided in this Agreement are not exclusive and are in
addition to any other rights and remedies provided by law
2. In the event this Agreement is terminated by the funding board or director, after any portion of
the grant amount has been paid to the Sponsor under this Agreement the funding board or
director may require that any amount paid be repaid to RCO for redeposit into the account
from which the funds were derived However any repayment shall be limited to the extent it
would be inequitable and represent a manifest injustice In circumstances where the project will
fulfill its fundamental purpose for substantially the entire period of performance and of
long-term obligation
D. Non Availability of Funds The obligation of the RCO to make payments is contingent on the
availability of state and federal funds through legislative appropriation and state allotment. If amounts
sufficient to fund the grant made under this Agreement are not appropriated to RCO for expenditure
for this Agreement in any biennial fiscal period, RCO shall not be obligated to pay any remaining
unpaid portion of this grant unless and until the necessary action by the Legislature or the Office of
Financial Management occurs If RCO participation is suspended under this section for a continuous
period of one year, RCO's obligation to provide any future funding under this Agreement shall
terminate Termination of the Agreement under this section is not subject to appeal by the Sponsor
1 Suspension. The obligation of the RCO to manage contract terms and make payments is
contingent upon the state appropriating state and federal funding each biennium In the event
the state is unable to appropriate such funds by the first day of each new biennium RCO
reserves the right to suspend the Agreement,with ten(10) days written notice, until such time
funds are appropriated Suspension will mean all work related to the contract must cease until
such time funds are obligated to RCO and the RCO provides notice to continue work
SECTION 42 DISPUTE HEARING
Except as may otherwise be provided in this Agreement,when a dispute arises between the Sponsor and the
funding board,which cannot be resolved either party may request a dispute hearing according to the process
set out in this section Either party's request for a dispute hearing must be in writing and clearly state
A. The disputed issues,
B The relative positions of the parties,
C The Sponsor's name address, project title,and the assigned project number
In order for this section to apply to the resolution of any specific dispute or disputes,the other party
must agree in writing that the procedure under this section shall be used to resolve those specific
issues The dispute shall be heard by a panel of three persons consisting of one person chosen by
the Sponsor,one person chosen by the director, and a third person chosen by the two persons initially
appointed If a third person cannot be agreed on,the third person shall be chosen by the funding
board's chair
Any hearing under this section shall be informal,with the specific processes to be determined by the
disputes panel according to the nature and complexity of the issues involved The process may be
solely based on written material if the parties so agree The disputes panel shall be governed by the
provisions of this Agreement in deciding the disputes
The parties shall be bound by the decision of the disputes panel, unless the remedy directed by that
panel shall be without the authority of either or both parties to perform, as necessary, or is otherwise
unlawful
RCO 18-1659P Revision Date:1/11/2018 Page 36 of 38
Request for a disputes hearing under this section by either party shall be delivered or mailed to the
other party The request shall be delivered or mailed within thirty(30) days of the date the requesting
party has received notice of the action or position of the other party which it wishes to dispute The
written agreement to use the process under this section for resolution of those issues shall be
delivered or mailed by the receiving party to the requesting party within thirty(30)days of receipt by
the receiving party of the request.
All costs associated with the implementation of this process shall be shared equally by the parties
SECTION 43 ATTORNEYS'FEES
In the event of litigation or other action brought to enforce contract terms each party agrees to bear its own
attorney fees and costs
SECTION 44. GOVERNING LAWNENUE
This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington In
the event of a lawsuit involving this Agreement venue shall be in Thurston County Superior Court if legally
proper,otherwise venue shall be in a county where the project is situated, if venue there is legally proper, and
if not, in a county where venue is legally proper The Sponsor, by execution of this Agreement acknowledges
the jurisdiction of the courts of the State of Washington
SECTION 45 PROVISIONS APPLICABLE ONLY IF FEDERALLY RECOGNIZED INDIAN TRIBE IS THE
SPONSOR
In the cases where this Agreement is between the funding board (which includes the State of Washington for
purposes of this Agreement)and a federally recognized Indian Tribe,the following terms and conditions apply,
but only between those parties
A Notwithstanding the above venue provision if the State of Washington Intends to initiate legal action
against a federally recognized Indian tribe relating to the performance breach or enforcement of this
Agreement, it shall so notify the Tribe If the Tribe believes that a good faith basis exists for subject
matter jurisdiction of such an action in federal court, the Tribe shall so notify the State within five days
of receipt of such notice and state the basis for such jurisdiction If the Tribe so notifies the State,the
State shall bring such action in federal court otherwise the State may sue the Tribe in the Thurston
County Superior Court,or such other superior court where venue is proper, if not proper in Thurston
County Interpretation of the Agreement shall be according to applicable State law, except to the
extent preempted by federal law In the event suit is brought in federal court and the federal court
determines that it lacks subject matter jurisdiction to resolve the dispute between the State and Tribal
Party,then the State may bring suit in Thurston County Superior Court or such other superior court
where venue is proper, if not proper in Thurston County
B Any judicial award determination, order, decree or other relief,whether in law or equity or otherwise
resulting from such actions under subsection A above, shall be binding and enforceable on the
parties Any money judgment or award against a Tribe,tribal officers, or employees, or the State of
Washington, its agencies, or its officers and employees may exceed the amount of funding awarded
under this Agreement
C As requested by RCO,the Tribe shall provide to RCO its governing requirements and procedures for
entering into Agreement with RCO and waiving its sovereign immunity In addition,the tribe shall
provide to RCO all authorizations the Tribe requires to authorize the person(s) signing the Agreement
on the Tribe's behalf to bind the Tribe and waive the Tribe's sovereign immunity as provided herein
RCO 18-1659P Revision Date 1/11/2018 Page 37 of 58
D The Tribe hereby waives its sovereign immunity for suit in federal and state court for the limited
purposes of allowing the State to bring and prosecute to completion such actions relating to the
performance breach or enforcement of this Agreement as provided in subsection A above, and to
bring actions to enforce any judgment arising from such actions. This waiver is not for the benefit of
any third party and shall not be enforceable by any third party or by any assignee of the parties. In any
enforcement action, the parties shall bear their own enforcement costs, including attorneys fees
For purposes of this provision, the State includes the funding board, the RCO,and any other state agencies
as the term'agency"is broadly understood to include, but not be limited to, departments, commissions
boards divisions, bureaus, committees, offices, councils, societies etc.
SECTION 46. SEVERABILITY
The provisions of this Agreement are intended to be severable If any term or provision Is illegal or invalid for
any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the
Agreement.
RCO 15-1659P Revision Date. 1(11/2018 Page 38 of 38
Eligible Scope Activities
Project Sponsor. Department of Fish and Wildlife Project Number' 18-1659
Project Title. Lost Creek Fish Passage Design Project Type. Planning
Program Salmon Federal Projects Approval 12/5/2018
Planning Metrics
Worksite#1, Wendling Road
Targeted salmonid ESU/DPS(A.23). Coho Salmon-Southwest Washington
ESU Steelhead-Southwest
Washington/Washington Coast DPS
Area Encompassed(acres)(B.O.b 1). 0.2
Targeted species(non-ESU species). Cutthroat, Rainbow,Searun Cutthroat
Miles of Stream and/or Shoreline Affected (B.0.b.2). 0 10
Design for Salmon restoration
Final design and permitting
Project Identified in a Plan or Watershed Assessment.(1221) 2011 The Chehalis Basin Salmon
Habitat Restoration and Preservation
Strategy for WRIA 22 and 23
Priority in Recovery Plan(1223) Fish Passage is a Tier 1 concern for this
sub-watershed Refer to page 83 of the
document for Tier 1 concerns.
Name and Description of Plan(2298) None
Cultural Resources
Cultural resources
Agency Indirect Costs
Agency Indirect
WDFW indirect. 28.78
ELIGREIM.RPT January 18,2019 Page:
Milestone Report By Project
Project Number: 18-1659 P
Project Name Lost Creek Fish Passage Design
Sponsor Fish &Wildlife Dept of
Project Manager. Alissa Ferrell
X l Milestone Target Date CommentsiDescription
Project Start 12/05/2018
Data Gathering Started 12/05/2018
Draft Design to RCO 02/28/2019 Conceptual Deisgn
Cultural Resources Complete 04/01/2019
Other 04/01/2019 Data gathering complete
Preliminary Design to RCO 04/15/2019 60%level design drawings
Annual Project Billing Due 04/15/2019
Applied for Permits 06/15/2019
I Final Design to RCO 06/15/2019 Final Design Report,Final Plans,
Technical Specifications, Final
Construction Quantities and Cost
Estimate
Progress Report Due 06/30/2019
Progress Report Due 12/05/2019
Progress Report Due 04/01/2020
Permits Complete 06/15/2020
Annual Project Billing Due 06/15/2020
Agreement End Date 06/30/2020
Final Report Due 08/30/2020
Final Billing Due 08/30/2020
X=Milestone Complete
I=Critical Milestone
1MILESTO.RPT January 18 2019 Page 1
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Lewis County, Washington
,LE N TS`'CO"'�U`NTY, 25510 - Wendling Road
(
CMP-1804, Lost Creek Fish Passage
milepost 0.106
BOCC AGENDA ITEM SUMMARY
Resolution BOCC Meeting Date: Feb 25, 2019
Suggested Wording for Agenda Item Agenda Type: Consent
Approving the Board of County Commissioners (BOCC) Chair to sign the Project Agreement between Lewis
County and the Recreation and Conservation Office (RCO) for the Wendling Road MP 0 106 (Lost Creek) -
Site ID 021 (25510) (00106) project
Contact Josh Metcalf Phone 2697
Department- Public Works
Action Needed Approve Resolution
Description
Public Works has listed the Wendling Road MP 0 106 (Lost Creek) - Site ID 021 (25510) (00106) project on
the maintenance program and it has been chosen to receive RCO funding for design of a fish passage restoration
project.
Approval of this resolution secures funding and authorizes the Chair of the BOCC to sign the Project
Agreement between Lewis County and the RCO for the fish passage restoration project
Additional Copies
Josh Metcalf, PW, Robin Saline, PW, Ann Weckback-PW
Please return three(3)signed originals of the Project Agreement to Public Works