HomeMy WebLinkAbout000999 Original Contract City of Port Angeles
Natural Resources Building _t , 360 902-3000
Record # 000999 ( )
1 111 Washington St,S.E. r TTY (360) 902-1996
Olympia, ANA 98501 Fax: (360) 902-3026
P.O. Box 40917 '�� = E-mail: irifo@rco.wa.gov
a,
Olympia, WIC 93504-0917 � Web site:www.i-co.wa.gov
STS TE OF WASHINGTON
RECREATION AND CONSERVATION OFFICE
October 15, 2015
Corey Delikat
City of Port Angeles
PO Box 1150
Port Angeles, WA 98362
RE: Civic Field Lighting Replacement, RCO# 14-1367D
Dear Mr. Delikat:
Enclosed is a signed original of the project agreement for your files. Please pay close attention to the
project milestones and contact us immediately if you have difficulty meeting your deadlines or with
completing the approved scope of work.
Please find program manuals on our website and electronic billings through PRISM online at
www,rco.wa.gov. If you have questions, please contact your grants manager, Darrell Jennings at
(360) 902-3020 or darrell.jennings @rco.wa.gov.
Thank you for your support and participation in our grant programs. We wish you success and look
forward to seeing the completed project!
Sincerely,
Cindy Gower
Recreation and Conservation Office
Administrative Assistant
(360) 902-3013
Enclosure
rY.
Recreation and Conservation Funding Boards Salmon Recovery Funding Board
Washington Invasive Species Council-Governor's Salmon Recovery Office
�' Habitat and Recreation Lands Coordinating Group
WASHINGTON STATE
Recreation and RCO Project Agreement
Conservation Office For Office Administered Programs
Project Sponsor: City of Port Angeles Project Number: 14-1367D
Project Title: Civic Field Lighting Replacement Approval Date:7/10/2015
A. PARTIES OF THE AGREEMENT
This Project Agreement(Agreement)is entered into between the State of Washington the Recreation and
Conservation Office,P.O.Box 40917,Olympia,Washington 98504-0917 and City of Port Angeles(sponsor),PO Box
1150,Port Angeles,WA 98362 and shall be binding on the agents and all persons acting by or through the parties.
B. PURPOSE OF AGREEMENT
This Agreement sets out the terms and conditions by which a grant is made from the State Building Construction
Account and ORA of the State of Washington.The grant is administered by the Recreation and Conservation Office
(RCO)to the sponsor for the project named above per the director's authority granted in RCW 79A.25.020.
C. DESCRIPTION OF PROJECT
The City of Port Angeles will use this grant to replace the 36 year old field lighting system Civic Field,which is centrally
located within the city. This project will allow Port Angeles to continue use of Civic Field for recreational sports
leagues and events.The primary recreation opportunity provided by the project is youth football and soccer,as well as
High School soccer,football,and baseball.
D. PERIOD OF PERFORMANCE
The period of performance begins on September 15,2015(project start date)and ends on April 30,2017(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 policies published
in RCO manuals as of the effective date of this agreement.
The sponsor must request extensions of the period of performance at least 60 days before the project end date.
The sponsor has obligations beyond this period of performance as described in Section E:On-going Obligations.
E. ON-GOING OBLIGATIONS
For this development and renovation project,the sponsor's on-going obligations shall be in perpetuity and shall
survive the completion/termination of this Project Agreement unless otherwise identified in the Agreement or as
approved by the funding board.It is the intent of the funding board's conversion policy(see Section 24:Restriction of
Conversion)that all lands acquired and/or facilities and areas developed,renovated,or restored with funding
assistance remain in the public domain in perpetuity.
F. PROJECT FUNDING
The total grant award for this project shall not exceed$226,500.00. RCO shall not pay any amount beyond that
approved for grant funding of the project and within the RCO's percentage as identified below. The sponsor shall be
responsible for all total project costs that exceed this amount. The minimum matching share provided by the sponsor
shall be as indicated below:
Percentage DollarAmount Source of Funding
Office-RRG Local Parks 50.00% $226,500.00 State
Project Sponsor 50.00% $226,500.00
Total Project Cost 100.00% $453,000.00
G. FEDERAL FUND INFORMATION
This Agreement is not a federal subaward.This Agreement is funded with a grant from the State of Washington.
RCO 14-1367D Page 1 of 23
H. RIGHTS AND OBLIGATIONS INTERPRETED IN LIGHT OF RELATED DOCUMENTS
All rights and obligations of the parties under this Agreement shall be interpreted in light of the information provided in
the sponsor's application and the project summary under which the Agreement has been approved as well as
documents produced in the course of administering the Agreement,including the eligible scope activities and
milestones report incorporated herein by reference.Provided,to the extent that information contained in such
documents is inconsistent with this Agreement,it shall not be used to vary the terms of the Agreement,unless those
terms are shown to be subject to an unintended error or omission.This"Agreement"as used here and elsewhere in
this document,unless otherwise specifically stated,has the meaning set forth in the definition of the Standard Terms
and Conditions.
I. AMENDMENTS MUST BE SIGNED IN WRITING
Except as provided herein,no amendment/deletions of any of the terms or conditions of this Agreement will be
effective unless provided in writing and signed by both parties.Except,extensions of the period of performance and
minor scope adjustments need only be signed by RCO's director or designee,unless the consent of the sponsor to an
extension is required by its auditing policies,regulations,or legal requirements,in which case,no extension shall be
effective until so consented.
J. COMPLIANCE WITH APPLICABLE STATUTES,RULES,AND RCFB-SRFB POLICIES
This agreement is governed by,and the sponsor shall comply with,all applicable state and federal laws and
regulations,including any applicable policies published in RCO manuals as of the effective date of this agreement,all
of which are incorporated herein by this reference as if fully set forth.
K. SPECIAL CONDITIONS
1. Archaeological,Historic,and Cultural Resource Consultation
Section 8 of this agreement requires compliance with Executive Order 05-05 and/or Section 106 of the
National Historic Preservation Act. RCO has completed the initial consultation for this project and an
inadvertent discovery plan is recommended by the Lower Elwha Klallam Tribe. In the event that
archaeological or historic materials are discovered while conducting ground disturbing activities,work in the
immediate vicinity must stop and the Sponsor must ensure compliance with the provisions found in section
8 of this agreement.
L. AGREEMENT CONTACTS
The parties will provide all written communications and notices under this Agreement to the mail address or the email
address listed below if not both:
Project Contact Office
Name: Corey Delikat Recreation and Conservation Office
Title: Natural Resources Building
Address: PO Box 1150 PO Box 40917
Port Angeles,WA 98362 Olympia,Washington 98504-0917
Email: cdelikat @cityofpa.us
These addresses shall be effective until receipt by one party from the other of a written notice of any change.
M. ENTIRE AGREEMENT
This Agreement,with all amendments and attachments,constitutes the entire Agreement of the parties.No other
understandings,oral or otherwise,regarding this Agreement shall exist or bind any of the parties.
N. EFFECTIVE DATE
This Agreement,for project 14-1367D,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 14-1367D Page 2 of 23
The sponsor has read,fully understands,and agrees to be bound by all terms and conditions as set forth in this
Agreement.The signators listed below represent and warrant their authority to bind the parties to this Agreement.
City of Port Angel s
By: Date: 0 h 16:Fv
Name: (printed) ���
Title: A L, fllLfL
State of Washington,Recreation Conservation Office
By, %>{.c,"a r�"z4 Date.
Kajeeii Cottingham
Director
Recreation and Conservation Office
Pre-approved as to form:
By: /s/ Date: August 26,2015
Assistant Attorney General
Vd.a STF.i E
RECREATION Apo CONSERVATION 0": ICE
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RCO 14-1367D Page 3 of 23
Standard Terms and Conditions
of the Project Agreement
Table of Contents Page
SECTION 1. CITATIONS,HEADINGS AND DEFINITIONS............................................................. 6
SECTION 2. PERFORMANCE BY THE SPONSOR....................................................................... 7
SECTION3. ASSIGNMENT...................................................................................................... 7
SECTION 4. RESPONSIBILITY FOR PROJECT........................................................................... 7
SECTION 5. INDEMNIFICATION............................................................................................... 7
SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR......................................................... 8
SECTION 7. CONFLICT OF INTEREST...................................................................................... 8
SECTION 8. COMPLIANCE WITH APPLICABLE LAW.................................................................. 8
SECTION9. RECORDS........................................................................................................... 9
SECTION 10. PROJECT FUNDING AND COSTS........................................................................... 9
SECTION 11. PROJECT REIMBURSEMENTS.............................................................................. 10
SECTION 12. ADVANCE PAYMENTS.......................................................................................... 11
SECTION 13. RECOVERY OF PAYMENTS................................................................................... 11
SECTION 14. COVENANT AGAINST CONTINGENT FEES............................................................. 11
SECTION 15. INCOME AND USE OF INCOME.............................................................................. 11
SECTION 16. PROCUREMENT REQUIREMENTS......................................................................... 12
SECTION 17. TREATMENT OF EQUIPMENT............................................................................... 12
SECTION 18. RIGHT OF INSPECTION........................................................................................ 12
SECTION 19. STEWARDSHIP AND MONITORING........................................................................ 12
SECTION 20. PREFERENCES FOR RESIDENTS........................................................................... 12
SECTION 21. ACKNOWLEDGMENT AND SIGNS.......................................................................... 13
SECTION 22. PROVISIONS APPLYING TO DEVELOPMENT,MAINTENANCE,RENOVATION,AND
RESTORATION PROJECTS.................................................................................. 13
SECTION 23. PROVISIONS APPLYING TO ACQUISITION PROJECTS............................................. 13
SECTION 24. RESTRICTION ON CONVERSION OF REAL PROPERTY AND/OR FACILITIES TO
OTHERUSES....................................................................................................... 14
SECTION 25. CONSTRUCTION,OPERATION,USE AND MAINTENANCE OF ASSISTED PROJECTS.. 15
SECTION 26. PROVISIONS RELATED TO CORPORATE(INCLUDING NONPROFIT)SPONSORS........ 15
RCO 14-1367D Page 4 of 23
SECTION 27. PROVISIONS FOR FEDERAL SUBAWARDS ONLY................................................... 16
SECTION 28. PROVISIONS FOR ESTUARY AND SALMON RESTORATION PROGRAM PROJECTS
ONLY................................................................................................................. 17
SECTION 29. ORDER OF PRECEDENCE.................................................................................... 21
SECTION 30. LIMITATION OF AUTHORITY................................................................................. 21
SECTION 31. WAIVER OF DEFAULT.......................................................................................... 21
SECTION 32. APPLICATION REPRESENTATIONS--MISREPRESENTATIONS OR INACCURACY OR
BREACH............................................................................................................. 21
SECTION 33. SPECIFIC PERFORMANCE.................................................................................... 21
SECTION34. TERMINATION..................................................................................................... 21
SECTION 35. DISPUTE HEARING.............................................................................................. 22
SECTION 36. ATTORNEYS'FEES............................................................................................. 22
SECTION 37. GOVERNING LAW/VENUE..................................................................................... 22
SECTION 38. PROVISIONS APPLICABLE ONLY IF FEDERALLY RECOGNIZED INDIAN TRIBE IS
THESPONSOR.................................................................................................... 22
SECTION 39. SEVERABILITY.................................................................................................... 23
t
i
RCO 14-1367D Page 5 of 23
SECTION 1. CITATIONS,HEADINGS AND DEFINITIONS
A. Any citations referencing specific documents refer to the current version at the date of project Agreement and/or any revisions in
the future.
B. Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of this
Agreement.
C. Definitions.As used throughout this Agreement,the following terms shall have the meaning set forth below:
acquisition project-A project that purchases or receives a donation of fee or less than fee interests in real property.These
interests include,but are not limited to,conservation easements,access/trail easements,covenants,water rights,leases,and
mineral rights.
Agreement or Project Agreement-The document entitled"Project Agreement"accepted by all Parties to the present
transaction,including without limitation these Standard Terms and Conditions,all attachments,addendums,and amendments,
and any intergovernmental agreements or other documents that are incorporated into the Project Agreement subject to any
limitations on their effect.
applicant-Any party that meets the qualifying standards,including deadlines,for submission of an application soliciting a grant
of funds.
application-The documents and other materials that an applicant submits to the RCO to support the applicant's request for
grant funds;this includes materials required for the"Application"in the RCO's automated project information system,and other
documents as noted on the application checklist including but not limited to legal opinions,maps,plans,evaluation presentations
and scripts.
C.F.R.-Code of Federal Regulations
contractor-An entity that receives a contract from a sponsor.A contract is a legal instrument by which a non-Federal entity
(sponsor)purchases property or services to carry out the project or program under a Federal award.A contractor is not the same
as the sponsor or subrecipient.A contract is for the purpose of obtaining goods and services for the non-Federal entity's
(sponsor's)own use and creates a procurement relationship with the contractor(2 C.F.R§200.23(2013)).
development project-A project that results in the construction of or work resulting in new elements,including but not limited to
structures,facilities,and/or materials to enhance outdoor recreation resources.
director-The chief executive officer of the Recreation and Conservation Office or that person's designee.
education project-A project that provides information,education,and outreach programs for the benefit of outdoor
recreationists.
education and enforcement project-A project that provides information,education,and outreach programs;encourages
responsible recreational behavior,and may provide law enforcement for the benefit of outdoor recreationists.
equipment-Tangible personal property(including information technology systems)having a useful life of more than one year
and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the sponsor or$5,000
(2 C.F.R.§200.33(2013)).
indirect cost- Costs incurred for a common or joint purpose benefitting more than one cost objective,and not readily
assignable to the cost objectives specifically benefitted,without effort disproportionate to the results achieved(2 C.F.R.§200.56
(2013)).
landowner agreement-An agreement that is required between a sponsor and landowner for projects located on land not
owned,or otherwise controlled,by the sponsor.
maintenance project-A project that maintains existing areas and facilities through repairs and upkeep for the benefit of outdoor
recreationists.
maintenance and operation project-A project that maintains existing areas and facilities through repairs,upkeep,and routine
servicing for the benefit of outdoor recreationists.
match or matching share-The portion of the total project cost provided by the sponsor.
milestone-An important event with a defined date to track an activity related to implementation of a funded project and monitor
significant stages of project accomplishment.
pass-through entity-A non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program(2
C.F.R.§200.74(2013)).If this Agreement is a federal subaward,the RCO is the pass-through or is acting as the pass-through
entity on behalf of another state agency as identified in Section A:Parties to the Agreement.
period of performance- The time during which the sponsor may incur new obligations to carry out the work authorized under
this this Agreement(2 C.F.R.§200.77(2013)).
planning project-A project that results in an assessment,inventory,study,plan,project designs,constructions plans and
specifications or permits.
pre-agreement cost-A project cost incurred before the period of performance.
project-An undertaking that is,or may be,funded in whole or in part with funds administered by RCO.
project cost-The total allowable costs incurred under this Agreement and all required match share and voluntary committed
matching share,including third-party contributions(2 C.F.R.§200.83(2013)).
RCO-Recreation and Conservation Office-The state office that administers the grant under this Agreement.
reimbursement-RCO's payment of funds from eligible and allowable costs that have already been paid by the sponsor per the
terms of the Agreement.
renovation project- A project intended to improve an existing site or structure in order to increase its useful service life beyond
original expectations or functions.This does not include maintenance activities to maintain the facility for its originally expected
useful service life.
restoration project-A project that brings a site back to its historic function as part of a natural ecosystem or improves the
ecological functionality of a site.
RCW-Revised Code of Washington
RCO 14-1367D Page 6 of 23
secondary sponsor-one of two or more eligible organizations that sponsors a grant-funded project.Of these two sponsors,
only one-the primary sponsor-may be the fiscal agent.
sponsor or primary sponsor-The eligible applicant who has been awarded a grant of funds and is bound by this executed
Agreement;includes its officers,employees,agents and successors.For projects funded with federal money,the sponsor is a
subrecipient,which is a non-Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal
program;but does not include an individual that is a beneficiary of such program.A subrecipient may also be a recipient of other
Federal awards directly from a Federal awarding agency(2 C.F.R.§200.93(2013)).
subaward- An award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal
award received by the pass-through entity.It does not include payments to a contractor or payments to an individual that is a
beneficiary of a Federal program.A subaward may be provided through any form of legal agreement,including an agreement that
the pass-through entity considers a contract(2 C.F.R.§200.92(2013)).A subaward is for the purpose of carrying out a portion of
a Federal award and creates a Federal assistance relationship with the subrecipient(2 C.F.R.§200.330(2013)).If this
Agreement is a Federal subaward,the subaward amount is the grant program amount in Section F:Project Funding Amount.
subrecipient-Subrecipient means a non-Federal entity that receives a subaward from a pass-through entity to carry out part of
a Federal program;but does not include an individual that is a beneficiary of such program.A subrecipient may also be a
recipient of other Federal awards directly from a Federal awarding agency(2 C.F.R.§200.93(2013)).If this Agreement is a
Federal subaward,the sponsor is the subrecipient.
WAC-Washington Administrative Code.
SECTION 2. PERFORMANCE BY THE SPONSOR
The sponsor and secondary sponsor where applicable,shall undertake the project as described in this Agreement,the sponsor's
application,and in accordance with the sponsor's proposed goals and objectives described in the application or documents submitted
with the application,all as finally approved by the RCO.All submitted documents are incorporated by this reference as if fully set forth
herein.Also see Section 29:Order of Precedence.
Timely completion of the project and submission of required documents,including progress and final reports,is important.Failure to
meet critical milestones or complete the project,as set out in this Agreement,is a material breach of the Agreement.
SECTION 3. ASSIGNMENT
Neither this Agreement,nor any claim arising under this Agreement,shall be transferred or assigned by the sponsor without prior
written consent of the RCO.
SECTION 4. RESPONSIBILITY FOR PROJECT
While the RCO 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 RCO undertakes no responsibilities to the sponsor,a secondary sponsor,or to any
third party,other than as is expressly set out in this Agreement.The responsibility for the implementation of the project is solely that of
the sponsor,as is the responsibility for any claim or suit of any nature by any third party related in any way to the project.When a
project is sponsored by more than one entity,any and all sponsors are equally responsible for the project and all post-completion
stewardship responsibilities.
SECTION 5. INDEMNIFICATION
The sponsor shall defend,indemnify,and hold the State and its officers and employees harmless from all claims,demands,or suits at
law or equity arising in whole or in part from the actual or alleged acts,errors,omissions or negligence of,or the breach of any
obligation under this Agreement by,the sponsor or the sponsor's agents,employees,contractors,subcontractors,or vendors,of any
tier,or any other persons for whom the sponsor may be legally liable.
Provided that nothing herein shall require a sponsor to defend or indemnify the State against and hold harmless the State from
claims,demands or suits based solely upon the negligence of the State,its employees and agents for whom the State is vicariously
liable.
Provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the sponsor or the sponsor's
agents,employees,contractors,subcontractors or vendors,of any tier,or any other persons for whom the Sponsor is legally liable,
and(b)the State its employees and agents for whom it is vicariously liable,the indemnity obligation shall be valid and enforceable
only to the extent of the sponsor's negligence or the negligence of the sponsor's agents,employees,contractors,subcontractors or
vendors,of any tier,or any other persons for whom the sponsor may be legally liable.
This provision shall be included in any Agreement between sponsor and any contractors,subcontractors and vendors,of any tier.
The sponsor shall also defend,indemnify,and hold the State and its officers and employees harmless from all claims,demands,or
suits at law or equity arising in whole or in part from an alleged patent or copyright infringement or other allegedly improper
appropriation or use of trade secrets,patents,proprietary information,know-how,copyright rights or inventions by the sponsor or the
sponsor's agents,employees,contractors,subcontractors or vendors,of any tier,or any other persons for whom the sponsor may be
legally liable,in performance of the Work under this Agreement or arising out of any use in connection with the Agreement of
methods,processes,designs,information or other items furnished or communicated to State,its agents,officers and employees
pursuant to the Agreement;provided that this indemnity shall not apply to any alleged patent or copyright infringement or other
allegedly improper appropriation or use of trade secrets,patents,proprietary information,know-how,copyright rights or inventions
resulting from State's,its agents',officers'and employees'failure to comply with specific written instructions regarding use provided to
State,its agents,officers and employees by the sponsor,its agents,employees contractors,subcontractors or vendors of any tier,or
RCO 14-1367D Page 7 of 23
any other persons for whom the sponsor may be legally liable.
The sponsor specifically assumes potential liability for actions brought by the sponsor's own employees or its agents against the State
and,solely for the purpose of this indemnification and defense,the sponsor specifically waives any immunity under the state industrial
insurance law,RCW Title 51.
The RCO is included within the term State,as are all other agencies,departments,boards,or other entities of state government.
SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR
The sponsor and its employees or agents performing under this Agreement are not officers,employees or agents of the RCO.The
sponsor will not hold itself out as nor claim to be an officer,employee or agent of the RCO 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 28B.
The sponsor is responsible for withholding and/or paying employment taxes,insurance,or deductions of any kind required by federal,
state,and/or local laws.
SECTION 7. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal,RCO may,in its sole discretion,by written notice to
the sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation of the Ethics in
Public Service Act,RCW 42.52;or any similar statute involving the sponsor in the procurement of,or performance under,this
Agreement.
In the event this Agreement is terminated as provided herein,RCO shall be entitled to pursue the same remedies against the sponsor
as it could pursue in the event of a breach of the Agreement by the sponsor.The rights and remedies of RCO provided for in this
clause shall not be exclusive and are in addition to any other rights and remedies provided by law or this Agreement.
SECTION 8. COMPLIANCE WITH APPLICABLE LAW
The sponsor will implement the Agreement in accordance with applicable federal,state,and local laws,regulations and the RCO
policies regardless of whether the sponsor is a public or non-public organization.
Pursuant to RCW 43.210.0382,all of RCO's activities and programs are exempt from threshold determinations and environmental
impact statement requirements.
The sponsor shall comply with,and RCO is not responsible for determining compliance with,any and all applicable federal,state,and
local laws,regulations,and/or policies,including,but not limited to:State Environmental Policy Act;Industrial Insurance Coverage;
Architectural Barriers Act;permits(shoreline,Hydraulics Project Approval,demolition);land use regulations(critical areas ordinances,
Growth Management Act);federal and state safety and health regulations(Occupational Safety and Health Administration/Washington
Industrial Safety and Health Act);and Buy American Act.
A. Nondiscrimination Laws.The sponsor shall not discriminate against users of projects assisted with board funds on the basis of
race,creed,color,sex,religion,national origin,disability,marital status,or sexual orientation and must comply with all applicable
federal,state,and local nondiscrimination laws and/or policies,including but not limited to:the Americans with Disabilities Act;
Civil Rights Act;and the Age Discrimination Act.In the event of the sponsor's noncompliance or refusal to comply with any
nondiscrimination law or policy,the Agreement may be rescinded,cancelled,or terminated in whole or in part,and the sponsor
may be declared ineligible for further grant awards from the RCO.The sponsor is responsible for any and all costs or liability
arising from the sponsor's failure to so comply with applicable law.
B. Wages and Job Safety.The sponsor agrees to comply with all applicable laws,regulations,and policies of the United States and
the State of Washington,which affect wages and job safety.The sponsor agrees when state prevailing wage laws(RCW 39.12)
are applicable,to comply with such laws,to pay the prevailing rate of wage to all workers,laborers,or mechanics employed in the
performance of any part of this contract,and to file a statement of intent to pay prevailing wage with the Washington State
Department of Labor and Industries as required by RCW 39.12.040.The sponsor also agrees to comply with the provisions of the
rules and regulations of the Washington State Department of Labor and Industries.
C. Archaeological and Cultural Resources.The RCO facilitates the review of applicable projects for potential impacts to
archaeological sites and state cultural resources.The sponsor must assist RCO in compliance with Executive Order 05-05 or the
National Historic Preservation Act before initiating ground-disturbing activity.The RCO 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
t 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.
RCO 14-1367D Page 8 of 23
D. Restrictions on Grant Use.No part of any funds provided under this grant shall be used,other than for normal and recognized
executive-legislative relationships,for publicity or propaganda purposes,or for the preparation,distribution,or use of any kit,
pamphlet,booklet,publication,radio,television,or video presentation designed to support or defeat legislation pending before
the U.S.Congress or any state legislature.
No part of any funds provided under this grant shall be used to pay the salary or expenses of any sponsor,or agent acting for
such sponsor,related to any activity designed to influence legislation or appropriations pending before the U.S.Congress or any
state legislature.
E. Debarment and Certification.By signing the Agreement with RCO,the sponsor certifies that neither it nor its principals nor any
other lower tier participant are presently debarred,suspended,proposed for debarment,declared ineligible or voluntarily
excluded from participation in this transaction by Washington State Labor and Industries.Further,the sponsor agrees not to enter
into any arrangements or contracts related to this Agreement with any party that is on the"Contractors not Allowed to Bid on
Public Works Projects"list.
SECTION 9. RECORDS
A. Maintenance.The sponsor shall maintain books,records,documents,data and other evidence relating to this Agreement and
performance of the services described herein,including but not limited to accounting procedures and practices,which sufficiently
and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement.Sponsor shall
retain such records for a period of six years from the date RCO deems the project complete,as defined in Section 11:Project
Reimbursements.If any litigation,claim or audit is started before the expiration of the six(6)year period,the records shall be
retained until all litigation,claims,or audit findings involving the records have been resolved.
B. Access to Records and Data.At no additional cost,the records relating to the Agreement,including materials generated under
the Agreement,shall be subject at all reasonable times to inspection,review or audit by RCO,personnel duly authorized by RCO,
the Office of the State Auditor,and federal and state officials so authorized by law,regulation or Agreement.This includes access
to all information that supports the costs submitted for payment under the grant and all findings,conclusions,and
recommendations of the sponsor's reports,including computer models and methodology for those models.
C. Public Records.Sponsor acknowledges that the RCO is subject to RCW 42.56 and that this Agreement and any records
sponsor submits or has submitted to the State shall be a public record as defined in RCW 42.56.RCO administers public records
requests per WAC 286-06.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 AND COSTS
A. Additional Amounts.The RCO 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 director and incorporated by written amendment
into this Agreement.
B. 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 RCO policy or the director,such as a waiver of retroactivity
or program specific eligible pre-Agreement costs.For reimbursements of such costs,this Agreement must be fully executed and
an original received by RCO.The dollar amounts identified in this Agreement may be reduced as necessary to exclude any such
expenditure from reimbursement.
C. Requirements for Federal Subawards.Pre-agreements costs before the federal award date in Section F:Project Funding
Amount are ineligible unless approved by the federal award agency(2 C.F.R§200.458(2013)).
D. After the Period of Performance.No expenditure made,or obligation incurred,following the period of performance shall be
eligible,in whole or in part,for grant funds hereunder.In addition to any remedy the RCO may have under this Agreement,the
grant amounts identified in this Agreement shall be reduced to exclude any such expenditure from participation.
RCO 14-1367D Page 9 of 23
SECTION 11. PROJECT REIMBURSEMENTS
A. Reimbursement Basis.This Agreement is administered on a reimbursement basis.The sponsors may only request
reimbursement for eligible and allowable costs incurred during the period of performance.The sponsor may only request
reimbursement after(1)this Agreement has been fully executed and(2)the sponsor has remitted payment to its vendors.RCO
will authorize disbursement of project funds only on a reimbursable basis at the percentage as defined in Section F:Project
Funding Amount.
Reimbursement shall not be approved for any expenditure not incurred by the sponsor or for a donation used as part of its
matching share.RCO does not reimburse for donations,which the sponsor may use as part of its percentage.All reimbursement
requests must include proper documentation of expenditures as required by RCO.
B- Escrow Payments.Direct payment to an escrow account of the RCO's share of the approved cost of real property and related
costs may be made following RCO approval when the sponsor indicates a temporary lack of funds to purchase the property on a
reimbursement basis.Prior to release of the RCO's share into escrow,the sponsor must provide the RCO with a copy of a
binding agreement between the sponsor and the seller,all required documentation,and evidence of deposit of the sponsor's
share into an escrow account.
C. Reimbursement Request Frequency.Sponsors are encouraged to send RCO a reimbursement request at least quarterly.
Sponsors are required to submit a reimbursement request to RCO,at a minimum for each project at least once a year for
reimbursable activities occurring between July 1 and June 30 or as identified in the milestones.Sponsors must refer to the most
recently published/adopted RCO policies and procedures regarding reimbursement requirements.
D. Compliance and Payment.The obligation of RCO to pay any amount(s)under this Agreement is expressly conditioned on strict
compliance with the terms of this Agreement by the sponsor.
E. Retainage Held Until Project Complete.RCO reserves the right to withhold disbursement of up to the final ten percent(10%)of
the total amount of the grant to the sponsor until the project has been completed.A project is considered"complete"when:
1.All approved or required activities outlined in the Agreement are done;
2.On-site signs are in place(if applicable);
3.A final project report is submitted to and accepted by RCO;
4.Any other required documents are complete and submitted to RCO;
5.A final reimbursement request is submitted to RCO;
6.The completed project has been accepted by RCO;
7.Final amendments have been processed;
8.Fiscal transactions are complete;and
9.RCO has accepted a final boundary map,if required for the project,for which the Agreement terms will apply in the future.
F. Sources of Eligible Match.Applicant resources used to match board funds must be eligible in the grant program.Sources of
matching resources include,but are not limited to,any one or more of the following:
1.Appropriations and cash;
2.Value of the applicant's expenses for labor,materials,and equipment;
3.Value of donated real property,labor,services,materials,and equipment use;and
4.Other state or federal funds.
G- Requirements for Federal Subawards:Match.The sponsor's matching share must comply with 2 C.F.R.§200.306(2013).Any
shared costs or matching funds and all contributions,including cash and third party in-kind contributions,must be accepted as
part of the sponsor's matching share when such contributions meet all of the following criteria:
1.Are verifiable from the non-Federal entity's(sponsor's)records;
2.Are not included as contributions for any other Federal award;
3.Are necessary and reasonable for accomplishment of project or program objectives;
4.Are allowable under 2 C.F.R.Part 200,Subpart E-Cost Principles(2013);
5.Are not paid by the Federal Government under another Federal award,except where the Federal statute authorizing a program
specifically provides that Federal funds made available for such program can be applied to matching or cost sharing
requirements of other Federal programs;
6.Are provided for in the approved budget when required by the Federal awarding agency identified in Section G:Federal Fund
Information of this Agreement;and
7.Conform to other provisions of 2 C.F.R.Part 200,Subpart D-Post Federal Award Requirements(2013),as applicable.
RCO 14-1367D Page 10 of 23
H. Requirements for Federal Subawards:Close out.Per 2 C.F.R§200.343(2013),the non-Federal entity(sponsor)must:
1.Submit,no later than 90 calendar days after the end date of the period of performance,all financial,performance,and other
reports as required by the terms and conditions of the Federal award.The Federal awarding agency or pass-through entity(RCO)
may approve extensions when requested by the sponsor.
2.Liquidate all obligations incurred under the Federal award not later than 90 calendar days after the end date of the period of
performance as specified in the terms and conditions of the Federal award.
3.Refund any balances of unobligated cash that the Federal awarding agency or pass-through entity(RCO)paid in advance or
paid and that are not authorized to be retained by the non-Federal entity(sponsor)for use in other projects.See OMB Circular
A-129 and see 2 C.F.R§200.345 Collection of amounts due(2013),for requirements regarding unreturned amounts that
become delinquent debts.
4.Account for any real and personal property acquired with Federal funds or received from the Federal Government in
accordance with 2 C.F.R§§200.310 Insurance coverage through 200.316 Property trust relationship and 200.329 Reporting on
real property(2013).
SECTION 12. ADVANCE PAYMENTS
Advance payments of or in anticipation of goods or services are not allowed unless approved by the RCO director and are consistent
with legal requirements and Manual 8:Reimbursements.
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,an applicable report from the state auditor's office,and/or the provisions of the Agreement,or meet its
percentage of the project total,RCO reserves the right to recover grant award funds in the amount equivalent to the extent of
noncompliance in addition to any other remedies available at law or in equity.
B. Overpayment Payments.The sponsor shall reimburse RCO for any overpayment or erroneous payments made under the
Agreement.Repayment by the sponsor of such funds under this recovery provision shall occur within 30 days of demand by
RCO.Interest shall accrue at the rate of twelve percent(12%)per annum from the time that payment becomes due and owing.
C. Requirements for Federal Subawards.The pass-through entity(RCO)may impose any of the remedies as authorized in 2
C.F.R§§200.207 Specific conditions and/or 200.338 Remedies for noncompliance(2013).
D. Deposit in State Account.Any recovery of payments in this section will be deposited to the appropriate state account as
identified in Section F:Project Funding.
SECTION 14. COVENANT AGAINST CONTINGENT FEES
The sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an
Agreement or understanding for a commission,percentage,brokerage or contingent fee,excepting bona fide employees or bona fide
established agents maintained by the sponsor for the purpose of securing business.RCO shall have the right,in the event of breach
of this clause by the sponsor,to terminate this Agreement without liability or,in its discretion,to deduct from the Agreement grant
amount or consideration or recover by other means the full amount of such commission,percentage,brokerage or contingent fee.
SECTION 15. INCOME AND USE OF INCOME
A. Income.
1. Compatible source.The source of any income generated in a funded project or project area must be compatible with the
funding source and the Agreement.
2. Fees.User and/or other fees may be charged in connection with land acquired or facilities developed,maintained,
renovated,or restored if the fees are consistent with the:
a.Value of any service(s)furnished;
b.Value of any opportunities furnished;and
c.Prevailing range of public fees in the state for the activity involved.
B. Use of Income.Regardless of whether income or fees in a project work site(including entrance,utility corridor permit,cattle
grazing,timber harvesting,farming,etc.)are gained during or after the reimbursement period cited in the Agreement,unless
precluded by state or federal law,the revenue may only be used to offset:
1. The sponsor's matching resources;
2. The project's total cost;
3. The expense of operation,maintenance,stewardship,monitoring,and/or repair of the facility or program assisted by this
project;
4. The expense of operation,maintenance,stewardship,monitoring,and/or repair of other similar units in the sponsor's
system;and/or
5. Capital expenses for similar acquisition and/or development and renovation.
C. Requirements for Federal Subawards.Sponsors must also comply with 2 C.F.R.§200.307 Program income(2013).
RCO 14-1367D Page 11 of 23
SECTION 16. PROCUREMENT REQUIREMENTS
A. Procurement Requirements. If sponsors have a procurement process that follows applicable state and/or required federal
procurement principles,it must be followed.If no such process exists the sponsor must follow these minimum procedures:
1. Publish a notice to the public requesting bids/proposals for the project;
2. Specify in the notice the date for submittal of bids/proposals;
3. Specify in the notice the date for submittal of bids/proposals;
4. Comply with the same legal standards regarding unlawful discrimination based upon race,ethnicity,sex,or sex-orientation
that are applicable to state agencies in selecting a bidder or proposer.
This procedure creates no rights for the benefit of third parties,including any proposers,and may not be enforced or subject to
review of any kind or manner by any other entity other than the RCO.Sponsors may be required to certify to the RCO that they
have followed any applicable state and/or federal procedures or the above minimum procedure where state or federal procedures
do not apply.
B. Requirements for Federal Subawards.For all Federal subawards,non-Federal entities(sponsors)must follow 2 C.F.R§§
200.318 General procurement standards through 200.326 Contract Provisions(2013).
SECTION 17. TREATMENT OF EQUIPMENT
A. Discontinued Use.Equipment shall remain in the possession of the sponsor for the duration of the project or applicable grant
program.When the sponsor discontinues use of the equipment for the purpose for which it was funded,RCO will require the
sponsor to deliver the equipment to RCO,dispose of the equipment according to RCO policies,or return the fair market value of
the equipment to RCO.Equipment shall be used only for the purpose of this Agreement,unless otherwise provided herein or
approved by RCO in writing.
B. Loss or Damage.The sponsor shall be responsible for any loss or damage to equipment which results from the negligence of
the sponsor or which results from the failure on the part of the sponsor to maintain and administer that equipment in accordance
with sound management practices.
C. Requirements for Federal Subawards.Procedures for managing equipment(including replacement equipment),whether
acquired in whole or in part under a Federal award,until disposition takes place will,as a minimum,meet the following
requirements(2 C.F.R§200.313(2013)):
1. Property records must be maintained that include a description of the property,a serial number or other identification
number,the source of funding for the property(including the FAIN),who holds title,the acquisition date,and cost of the
property,percentage of Federal participation in the project costs for the Federal award under which the property was
acquired,the location,use and condition of the property,and any ultimate disposition data including the date of disposal and
sale price of the property.
2. A physical inventory of the property must be taken and the results reconciled with the property records at least once every
two years.
3. A control system must be developed to ensure adequate safeguards to prevent loss,damage,or theft of the property.Any
loss,damage,or theft must be investigated.
4. Adequate maintenance procedures must be developed to keep the property in good condition.
5. If the non-Federal entity is authorized or required to sell the property,proper sales procedures must be established to
ensure the highest possible return.
SECTION 18. RIGHT OF INSPECTION
The sponsor shall provide right of access to the project to the RCO,or any of its officers,or to any other authorized agent or official of
the state of Washington or the federal government,at all reasonable times,in order to monitor and evaluate performance,
compliance,and/or quality assurance under this Agreement.
If a landowner agreement or other form of control and tenure as described in Section 22.B:Control and Tenure has been executed,it
will further stipulate and define the RCO right to inspect and access lands acquired or developed with funding assistance.
SECTION 19. STEWARDSHIP AND MONITORING
Sponsor agrees to perform monitoring and stewardship functions as stated in policy documents approved by the RCO.Sponsor
further agrees to utilize,where applicable and financially feasible,any monitoring protocols recommended by the RCO.
SECTION 20. PREFERENCES FOR RESIDENTS
Sponsors shall not express a preference for users of grant assisted projects on the basis of residence(including preferential
reservation,membership,and/or permit systems)except that reasonable differences in admission and other fees may be maintained
on the basis of residence.Even so,the RCO discourages the imposition of differential fees.Fees for nonresidents must not exceed
twice the fee imposed on residents.Where there is no fee for residents but a fee is charged to nonresidents,the nonresident fee shall
not exceed the amount that would be imposed on residents at comparable state or local public facilities.
RCO 14-1367D Page 12 of 23
SECTION 21. ACKNOWLEDGMENT AND SIGNS
A. Publications.The sponsor shall include language which acknowledges the funding contribution of the applicable grant program
to this project in any release or other publication developed or modified for,or referring to,the project during the project period
and in the future.
B. Signs.The sponsor also shall post signs or other appropriate media during the period of performance and in the future at project
entrances and other locations on the project which acknowledge the applicable grant program's funding contribution,unless
exempted in the RCO policy or waived by the director.
C. Ceremonies.The sponsor shall notify RCO no later than two weeks before a dedication ceremony for this project.The sponsor
shall verbally acknowledge the applicable grant program's funding contribution at all dedication ceremonies.
D. Federally Funded Projects.When issuing statements,press releases,requests for proposals,bid solicitations,and other
documents describing a project funded in whole or in part with federal money provided for in this grant,sponsors shall clearly
state:
1.The fund source;
2.The percentage of the total costs of the project that is financed with federal money;
3.The dollar amount of federal funds for the project;and
4.The percentage and dollar amount of the total costs of the project that is financed by nongovernmental sources.
SECTION 22. PROVISIONS APPLYING TO DEVELOPMENT,MAINTENANCE,RENOVATION,AND RESTORATION PROJECTS
The following provisions shall be in force only if the project described in this Agreement is for construction of land or facilities in a
development,maintenance,renovation or restoration project:
A. Document Review and Approval.The sponsor agrees to submit one copy of all construction plans and specifications to RCO
for review prior to implementation or as otherwise identified in the milestones.Review and approval by RCO will be for
compliance with the terms of this Agreement.Only change orders that impact the amount of funding or changes to the scope of
the project as described to and approved by the RCO must receive prior written approval.
B. Control and Tenure.The sponsor must provide documentation that shows appropriate tenure(landowner agreement,long-term
lease,easement,or fee simple ownership)for the land proposed for construction.The documentation must meet current RCO
requirements identified in the appropriate grant program policy manual as of the effective date of this Agreement.
C. Nondiscrimination.Except where a nondiscrimination clause required by a federal funding agency is used,the sponsor shall
insert the following nondiscrimination clause in each contract for construction of this project:
"During the performance of this contract,the contractor agrees to comply with all federal and state nondiscrimination
laws,regulations and policies."
D. Use of Best Management Practices.Sponsors are encouraged to use best management practices developed as part of the
Washington State Aquatic Habitat Guidelines(AHG)Program.AHG documents include"Integrated Streambank Protection
Guidelines',2002;"Protecting Nearshore Habitat and Functions in Puget Sound",2010;"Stream Habitat Restoration Guidelines",
2012;'Water Crossing Design Guidelines",2013;and"Marine Shoreline Design Guidelines",2014.These documents,along with
new and updated guidance documents,and other information are available on the AHG Web site.Sponsors are also encouraged
to use best management practices developed by the Washington Invasive Species Council(WISC)described in"Reducing
Accidental Introductions of Invasive Species"which is available on the WISC Web site.
SECTION 23. PROVISIONS APPLYING TO ACQUISITION PROJECTS
The following provisions shall be in force only if the project described in this Agreement is an acquisition project:
A. Evidence of Land Value.Before disbursement of funds by RCO as provided under this Agreement,the sponsor agrees to supply
documentation acceptable to RCO that the cost of the property rights acquired has been established according to RCO policy.
B. Evidence of Title.The sponsor agrees to provide documentation that shows the type of ownership interest for the property that
has been acquired.This shall be done before any payment of financial assistance.
C. Legal Description of Real Property Rights Acquired.The legal description of the real property rights purchased with funding
assistance provided through this project Agreement(and protected by a recorded conveyance of rights to the State of
Washington)shall be incorporated into the Agreement before final payment.
D. Conveyance of Rights to the State of Washington.When real property rights(both fee simple and lesser interests)are
acquired,the sponsor agrees to execute an appropriate document conveying certain rights and responsibilities to RCO,on behalf
of the State of Washington.These documents include a Deed of Right,Assignment of Rights,Easements and/or Leases as
described below.The sponsor agrees to use document language provided by RCO,to record the executed document in the
County where the real property lies,and to provide a copy of the recorded document to RCO.The document required will vary
depending on the project type,the real property rights being acquired and whether or not those rights are being acquired in
perpetuity.
1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve,protect,and/or
use the property for public purposes consistent with the fund source. 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.
RCO 14-1367D Page 13 of 23
2. Assignment of Rights.The Assignment of Rights document transfers certain rights such as access and enforcement to
RCO.Sponsors shall use this document when an easement or lease is being acquired for habitat conservation or salmon
recovery purposes.The Assignment of Rights requires the signature of the underlying landowner and must be incorporated
by reference in the easement document.
3. Easements and Leases.The sponsor may incorporate required language from the Deed of Right or Assignment of Rights
directly into the easement or lease document,thereby eliminating the requirement for a separate document.Language will
depend on the situation;sponsor must obtain RCO approval on the draft language prior to executing the easement or lease.
E. Real Property Acquisition and Relocation Assistance.
1. Federal Acquisition Policies.When federal funds are part of this Agreement,the sponsor agrees to comply with the terms
and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,84 Stat. 1894
(1970)--Public Law 91-646,as amended by the Surface Transportation and Uniform Relocation Assistance Act,PL
100-17-1987,and applicable regulations and procedures of the federal agency implementing that Act.
2. State Acquisition Policies.When state funds are part of this Agreement,the sponsor agrees to comply with the terms and
conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington,RCW
8.26,and WAC 468-100.
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.
4. Condemnation.Acquisition of real property through or as a direct result of condemnation is not eligible for funding in this
Agreement.Acquisition of real property must be on a willing-seller basis.
F. Buildings and Structures.In general,grant funds are to be used for outdoor recreation,habitat conservation,or salmon
recovery.Sponsors agree to remove or demolish ineligible structures.Sponsors must consult RCO regarding compliance with
Section 8.C.:Archaeological and Cultural Resources before structures are removed or demolished.
G. Hazardous Substances.
1. Certification.The sponsor shall inspect,investigate,and conduct an environmental audit of the proposed acquisition site
for the presence of hazardous substances,as defined in RCW 70.105D.020(10),and certify:
a.No hazardous substances were found on the site,or
b.Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal
laws,and the site deemed"clean."
2. Responsibility.Nothing in this provision alters the sponsor's duties and liabilities regarding hazardous substances as set
forth in RCW 70.105D.
3 Hold Harmless.The sponsor will defend,protect and hold harmless the RCO and any and all of its employees and/or
agents,from and against any and all liability,cost(including but not limited to all costs of defense and attorneys'fees)and
any and all loss of any nature from any and all claims or suits resulting from the presence of,or the release or threatened
release of,hazardous substances on the property the sponsor is acquiring.
H. Requirements for Federal Subawards.The non-Federal entity(sponsor)must submit reports at least annually on the status of
real property in which the Federal Government retains an interest,unless the Federal interest in the real property extends 15
years or longer.In those instances where the Federal interest attached is for a period of 15 years or more,the Federal awarding
agency or the pass-through entity(RCO),at its option,may require the sponsor to report at various multi-year frequencies(e.g.,
every two years or every three years,not to exceed a five-year reporting period;or a Federal awarding agency or RCO may
require annual reporting for the first three years of a Federal award and thereafter require reporting every five years)(2 C.F.R§
200.329(2013)).
SECTION 24. RESTRICTION ON CONVERSION OF REAL PROPERTY AND/OR FACILITIES TO OTHER USES
A. Restriction on Conversion.The sponsor shall not at any time convert any real property(including any interest therein)acquired,
or facility developed,maintained,renovated,and/or restored pursuant to this Agreement to uses other than those purposes for
which funds were approved without prior approval of the RCO in compliance with applicable statutes,rules,and RCO policies.
It is the intent of the RCO's conversion policy,current or as amended in the future,that all real property acquired or any project
facilities developed,maintained,renovated,and/or restored with funding assistance remain in the public domain in perpetuity
unless otherwise identified in Section E:On-going Obligations or as approved by the RCO.
B. Conversions Defined.A conversion occurs under any of the following circumstances:
1. Conveyance.Interests in real property are conveyed for purposes inconsistent with the intent of the Agreement and the
funding source.Interests in real property include,but are not limited to,options,rights of first refusal,conservation
easements,leases,and mineral rights.
2. Use.Non-eligible uses(public or private)are made of the project area or a portion of the project area,
3. Eligibility.Non-eligible facilities are developed with the project area without prior approve of the RCO.
4. Termination of Use/Non-Conformance.The property acquired or the project developed or restored no longer meets or
' conforms to the purpose of this Agreement or the funding source.
5. Public Access.Closure of public access sites is for longer than 180 consecutive days.
RCO 14-1367D Page 14 of 23
l
C. Remedies for a Conversion.The RCO shall only approve a conversion when the sponsor has demonstrated the following:
1. All practical alternatives to the conversion have been evaluated and rejected;and
2. The sponsor agrees to replace the entire project area or the portion of the project area affected by the conversion and
assume the obligations described in Section E:On-going Obligations on the replacement property or facilities.The
replacement must:
(a) Be of equivalent or greater usefulness and location as the original project in this Agreement;
(b) Be managed by the sponsor unless otherwise approved by the RCO;
(c) Be eligible to receive a grant from the source of funds from which this project was originally funded,unless otherwise
authorized by RCO;
(d) If an acquisition project,be interest in real property of at least equal market value and public benefit at the time of
replacement;
(e) If a development,renovation,or maintenance project,provide a facility of at least equal market value and public benefit
as that which existed at the time of the original investment of RCO funds;and
(f) If a restoration project,provide restoration activities necessary to replicate the ecological benefit intended by the project;
and
3. Publish a notice of the proposed conversion and replacement and provide the public an opportunity to comment;
D. Change of Use.When approved by RCO,certain activities within the eligible scope activities of this project may be removed
from this Agreement without invoking a conversion.Removing activities is allowed when the RCO determines that the activities
are not needed or cannot be retained due to one or more of the following conditions:
1.Obsolescence,
2.Extraordinary vandalism,
3.Acts of nature,
4.Designed useful service life expectancy reached,
5.Fire,
6.Property or property rights lost as a result of legal action,or
7.National Trails System Act reversion order.
E. Documentation.Any conversion or change of use will be documented through a formal written amendment to this Agreement
and signed by RCO and the sponsor.
SECTION 25. CONSTRUCTION,OPERATION,USE AND MAINTENANCE OF ASSISTED PROJECTS
The following provisions shall be in force only if the project described in this Agreement is an acquisition,development,maintenance,
renovation or restoration project:
A. Property and facility operation and maintenance.Sponsor must ensure that properties or facilities assisted with the RCO
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.Facilities open and accessible to the general public must:
1. Be constructed and maintained to meet or exceed the minimum requirements of the most current local or state codes,
Uniform Federal Accessibility Standards,guidelines,or rules,including but not limited to:the International Building Code,
the Americans with Disabilities Act,and the Architectural Barriers Act,as updated.
2. Appear attractive and inviting to the public except for brief installation,construction,or maintenance periods.
3. Be available for use by the general public without reservation at reasonable hours and times of the year,according to the
type of area or facility.
SECTION 26. PROVISIONS RELATED TO CORPORATE(INCLUDING NONPROFIT)SPONSORS
A corporate sponsor,including any nonprofit sponsor,shall:
A. Maintain corporate status with the state,including registering with the Washington Secretary of State's office,throughout the
sponsor's obligation to the project as identified in the Agreement.
B. Notify RCO prior to corporate dissolution at any time during the period of performance or long-term obligations.Within 30 days of
dissolution,the sponsor shall name a qualified successor that will agree in writing to assume any on-going project
responsibilities.A qualified successor is any party eligible to apply for funds in the subject grant program and capable of
complying with the terms and conditions of this Agreement.RCO will process an amendment transferring the sponsor's obligation
to the qualified successor if requirements are met.
C. Sites or facilities open to the public may not require exclusive use,(e.g.,members only).
I
RCO 14-1367D Page 15 of 23
SECTION 27. PROVISIONS FOR FEDERAL SUBAWARDS ONLY
The following provisions shall be in force only if the project described in this Agreement is funded with a federal subaward as identified
in Section G:Federal Fund Information.
A. Equal Employment Opportunity.Except as otherwise provided under 41 C.F.R.60,all contracts that meet the definition of
"federally assisted construction contract"in 41 C.F.R.§60-1.3 must include the equal opportunity clause provided under 41
C.F.R.§60-1.4(b),in accordance with Executive Order 11246,"Equal Employment Opportunity"(30 Fed.Reg. 12319, 12935,3
C.F.R. 1964, 1965 Comp.,p.339),as amended by Executive Order 11375,"Amending Executive Order 11246 Relating to Equal
Employment Opportunity,"and implementing regulations at 41 C.F.R.§60,"Office of Federal Contract Compliance Programs,
Equal Employment Opportunity,Department of Labor."
Federally assisted construction contract means any agreement or modification thereof between any applicant and a person for
construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the
Government pursuant to any Federal program involving a grant,contract,loan,insurance,or guarantee,or undertaken pursuant
to any Federal program involving such grant,contract,loan,insurance,or guarantee,or any application or modification thereof
approved by the Government for a grant,contract,loan,insurance,or guarantee under which the applicant itself participates in
the construction work.(41 C.F.R.§60-1.3)
Construction work means the construction,rehabilitation,alteration,conversion,extension,demolition or repair of buildings,
highways,or other changes or improvements to real property,including facilities providing utility services.The term also includes
the supervision,inspection,and other onsite functions incidental to the actual construction.(41 C.F.R.§60-1.3)
B. Davis-Bacon Act,as amended(40 U.S.C.3141-3148).When required by Federal program legislation,all prime construction
contracts in excess of$2,000 awarded by non-Federal entities(sponsors)must include a provision for compliance with the
Davis-Bacon Act(40 U.S.C.3141-3144,and 3146-3148)as supplemented by Department of Labor regulations(29 C.F.R.§5,
"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction').
In accordance with the statute,contractors must be required to pay wages to laborers and mechanics at a rate not less than the
prevailing wages specified in a wage determination made by the Secretary of Labor.In addition,contractors must be required to
pay wages not less than once a week.The non-Federal entity(sponsor)must place a copy of the current prevailing wage
determination issued by the Department of Labor in each solicitation.The decision to award a contract or subcontract must be
conditioned upon the acceptance of the wage determination.The non-Federal entity(sponsor)must report all suspected or
reported violations to the Federal awarding agency identified in Section G:Federal Fund Information.
The contracts must also include a provision for compliance with the Copeland"Anti-Kickback"Act(40 U.S.C.3145),as
supplemented by Department of Labor regulations(29 C.F.R Part 3,"Contractors and Subcontractors on Public Building or Public
Work Financed in Whole or in Part by Loans or Grants from the United States').The Act provides that each contractor or
subrecipient(sponsor)must be prohibited from inducing,by any means,any person employed in the construction,completion,or
repair of public work,to give up any part of the compensation to which he or she is otherwise entitled.The non-Federal entity
(sponsor)must report all suspected or reported violations to the Federal awarding agency identified in Section G:Federal Fund
Information.
C. Contract Work Hours and Safety Standards Act(40 U.S.C.3701-3708).Where applicable,all contracts awarded by the
non-Federal entity(sponsor)in excess of$100,000 that involve the employment of mechanics or laborers must include a
provision for compliance with 40 U.S.C.3702 and 3704,as supplemented by Department of Labor regulations(29 C.F.R.Part 5).
Under 40 U.S.C.3702 of the Act,each contractor must be required to compute the wages of every mechanic and laborer on the
basis of a standard work week of 40 hours.Work in excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the
work week.
The requirements of 40 U.S.C.3704 are applicable to construction work and provide that no laborer or mechanic must be
required to work in surroundings or under working conditions which are unsanitary,hazardous or dangerous.These requirements
do not apply to the purchases of supplies or materials or articles ordinarily available on the open market,or contracts for
transportation or transmission of intelligence.
D. Rights to Inventions Made Under a Contract or Agreement.If the Federal award meets the definition of"funding agreement"
under 37 C.F.R§401.2(a)and the recipient or subrecipient(sponsor)wishes to enter into a contract with a small business firm or
nonprofit organization regarding the substitution of parties,assignment or performance of experimental,developmental,or
research work under that"funding agreement,"the recipient or subrecipient(sponsor)must comply with the requirements of 37
C.F.R Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency.
E. Clean Air Act(42 U.S.C.7401-7671 q.)and the Federal Water Pollution Control Act(33 U.S.C.1251-1387),as Amended.
Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the non-Federal award to
agree to comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act(42 U.S.C.7401-7671 q)
and the Federal Water Pollution Control Act as amended(33 U.S.C. 1251-1387).Violations must be reported to the Federal
awarding agency identified in Section G:Federal Fund Information and the Regional Office of the Environmental Protection
Agency(EPA).
RCO 14-1367D Page 16 of 23
F. Byrd Anti-Lobbying Amendment(31 U.S.C.1352).Contractors that apply or bid for an award exceeding$100,000 must file the
required certification.Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any
person or organization for influencing or attempting to influence an officer or employee of any agency,a member of Congress,
officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract,
grant or any other award covered by 31 U.S.C. 1352.Each tier must also disclose any lobbying with non-Federal funds that takes
place in connection with obtaining any Federal award.Such disclosures are forwarded from tier to tier up to the non-Federal
award.
G. Procurement of Recovered Materials.A non-Federal entity(sponsor)that is a state agency or agency of a political subdivision
of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act,as amended by the Resource
Conservation and Recovery Act.The requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency(EPA)at 40 C.F.R part 247 that contain the highest percentage of recovered materials
practicable,consistent with maintaining a satisfactory level of competition,where the purchase price of the item exceeds$10,000
or the value of the quantity acquired during the preceding fiscal year exceeded$10,000;procuring solid waste management
services in a manner that maximizes energy and resource recovery;and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.
H. Required Insurance.The non-Federal entity(sponsor)must,at a minimum,provide the equivalent insurance coverage for real
property and equipment acquired or improved with Federal funds as provided to property owned by the non-Federal entity.
Federally-owned property need not be insured unless required by the terms and conditions of the Federal award(2 C.F.R§
200.310(2013)).
I. Debarment and Suspension(Executive Orders 12549 and 12689).The sponsor must not award a contract(see 2 C.F.R§
180.220)to parties listed on the government-wide exclusions in the System for Award Management(SAM),in accordance with
the Office of Management and Budget(OMB)guidelines at 2 C.F.R§180 that implement Executive Orders 12549(3 C.F.R part
1986 Comp.,p.189)and 12689(3 C.F.R part 1989 Comp.,p.235),'Debarment and Suspension."SAM Exclusions contains the
names of parties debarred,suspended,or otherwise excluded by agencies,as well as parties declared ineligible under statutory
or regulatory authority other than Executive Order 12549.
SECTION 28. PROVISIONS FOR ESTUARY AND SALMON RESTORATION PROGRAM PROJECTS ONLY
The following provisions shall be in force only if the project described in this Agreement is funded from the Estuary and Salmon
Restoration Program or the Marine Shoreline Protection program.
The sponsor shall comply with all applicable federal,State,and local laws,rules,and regulations in carrying out the terms and
conditions of this Agreement.
A. Administrative Conditions
1. Cost Principles.The sponsor agrees to comply with the cost principles of 2 C.F.R Part 200(2013).Unless otherwise
indicated,the Cost Principles apply to the use of funds provided under this Agreement and In-kind matching donations.The
applicability of the Cost Principles depends on the type of organization incurring the costs.
2. Audit Requirements.The sponsor shall fully comply with requirements of 2 C.F.R.Part 200,Subpart F-Audit
Requirements(2013),if applicable.See also Section F:Project Funding Amount.
3. Hotel-Motel Fire Safety Act.Pursuant to 40 C.F.R.30.18,if applicable,and 15 U.S.0 2225a,sponsor agrees to ensure that
all space for conferences,meetings,conventions,or training seminars funded in whole or in part with federal funds complies
with the protection and control guidelines of the Hotel and Motel Fire Safety Act(PL 101-391,as amended.The sponsor
may search the Hotel-Motel National Master List at:http://www.usfa.dhs.gov/applications/hotel to see if a property is in
compliance(FEMA ID is currently not required),or to find other information about the Act.
4. Recycled Paper
a. Institutions of Higher Education Hospitals and Non-Profit Organizations.In accordance with 40 C.F.R.30.16,
sponsor agrees to use recycled paper and double-sided printing for all reports which are prepared as a part of this
Agreement and delivered to EPA.This requirement does not apply to reports prepared on forms supplied by EPA,or to
Standard Forms,which are printed on recycled paper and are available through the General Services Administration.
b. State Agencies and Political Subdivisions.In accordance with Section 6002 of the Resource Conservation and
Recovery Act(RCRA)(42 U.S.C.6962)any State agency or agency of a political subdivision of a State which is using
appropriated Federal funds shall comply with the requirements set forth.Regulations issued under RCRA Section
6002 apply to any acquisition of an item where the purchase price exceeds$10,000 or where the quantity of such
items acquired in the course of the preceding fiscal year was$10,000 or more.RCRA Section 6002 requires that
preference be given in procurement programs to the purchases of specific products containing recycled materials
identified in guidelines developed by EPA.These guidelines are listed in 40 C.F.R.247.
C. State and Local Institutions of Higher Education and Non-Profit Organizations. In accordance with 40 C.F.R.§
30.16,State and local institutions of higher education,hospitals,and non-profit organizations that receive direct
Federal funds shall give preference in their procurement programs funded with Federal funds to the purchase of
recycled products pursuant to EPAs guidelines.
RCO 14-1367D Page 17 of 23
d. State Tribal and Local Government Recipients.In accordance with the policies set forth in EPA Order 1000.25 and
Executive Order 13423,Strengthening Federal Environmental,Energy and Transportation Management(January 24,
2007),the sponsor agrees to use recycled paper and double sided printing for all reports which are prepared a part of
this Agreement and delivered to EPA.This requirement does not apply to reports prepared on forms supplied by EPA,
or to Standard Forms,which are printed on recycled paper and are available through the General Services
Administration.
5. Lobbying.The sponsor agrees to comply with Title 40 C.F.R.Part 34,New Restrictions on Lobbying.The sponsor shall
include the language of this provision in award documents for all sub-awards exceeding$100,000,and require that
sub-awardees submit certification and disclosure forms accordingly.
In accordance with the Byrd Anti-Lobbying Amendment,any recipient who makes a prohibited expenditure under Title 40
C.F.R.Part 34 or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less than
$10,000 and not more than$100,000 for each expenditure.See also Section 11:Compliance with Applicable Federal Laws.
a. Part 30 Recipients.All contracts awarded by the sponsor shall contain,when applicable,the anti-lobbying provisions
as stipulated in the Appendix at Title 40 CFR Part 30.
Pursuant to Section 18 of the Lobbying Disclosure Act,the sponsor affirms that it is not a non-profit organization
described in Section 501(c)(4)of the Internal Revenue Code of 1986;or that it is a non-profit organization described in
Section 501(c)(4)of the Code but does not and will not engage in lobbying activities as defined in Section 3 of the
Lobbying Disclosure Act.
b. Lobbying and Litigation.The sponsor's chief executive officer shall ensure that no grant funds awarded under this
Agreement are used to engage in lobbying of the Federal Government or in litigation against the United States unless
authorized under existing law.The sponsor shall abide by its respective Appendix in 2 C.F.R.Part 200,which prohibits
the use of Federal grant funds for litigation against the United States or for lobbying or other political activities.
6. Suspension and Debarment.The sponsor shall fully comply with Subpart C of 2 C.F.R.Part 180 and 2 C.F.R.Part 1532,
entitled'Responsibilities of Participants Regarding Transaction(Doing Business with Other Persons)'.The sponsor is
responsible for ensuring that any lower tier covered transaction as described in Subpart B of 2 C.F.R.Part 180 and 2 C.F.R.
Part 1532,entitled'Covered Transactions',includes a term or condition requiring compliance with Subpart C.The sponsor is
responsible for further requiring the inclusion of a similar term or condition in any subsequent lower tier covered
transactions.The sponsor acknowledges that failing to disclose the information as required at 2 C.F.R.§180.335 may result
in the delay or negation of this assistance agreement,or pursuance of legal remedies,including suspension and debarment.
The sponsor may access the Excluded Parties List System at:hftp://www.epls.gov.This term and condition supersedes EPA
Form 5700-49,'Certification Regarding Debarment,Suspension,and Other Responsibility Matters'.See also Section 27:
Provisions for Federal Subawards Only.
7. Drug-Free Workplace Certification.The sponsor must make an ongoing,good faith effort to maintain a drug-free
workplace pursuant to the specific requirements set forth in 2 C.F.R.Part 1536 Subpart B.Additionally,in accordance with
these regulations,the sponsor must identify all known workplaces under its federal award;and keep this information on file
during the performance of the award.
a. Sponsors who are individuals must comply with the drug-free provisions set forth in 2 C.F.R.Part 1536 Subpart C.
b. The consequences for violating this condition are detailed under 2 C.F.R.Part 1536 Subpart E.The sponsor can
access 2 C.F.R Part 1536 at http://ecfr.gpoaccess.gov.
8. Management Fees.Management fees or similar charges in excess of the direct costs and approved indirect rates are not
allowable.The term"management fees or similar charges"refers to expenses added to the direct costs in order to
accumulate and reserve funds for ongoing business expenses,unforeseen liabilities,or for other similar costs which are not
allowable under this assistance agreement.Management fees or similar charges may not be used to improve or expand the
project funded under this Agreement,except to the extent authorized as a direct cost of carrying out the scope of work.
9. Reimbursement Limitation.If the sponsor expends more than the grant amount in this Agreement in its approved budget
in anticipation of receiving additional funds,it does so at its own risk.The Federal Government and RCO is not legally
obligated to reimburse the sponsor for costs incurred in excess of the approved budget.See also Section 11:Project
Reimbursements.
10. Trafficking in Persons.The following prohibition statement applies to the sponsor,and all sub-awardees of the sponsor.
The sponsor must include this statement in all sub-awards made to any private entity under this Agreement.
"YOU AS THE SUB-RECIPIENT,YOUR EMPLOYEES,SUB-AWARDEES UNDER THIS AWARD,AND SUB-AWARDEES'
EMPLOYEES MAY NOT ENGAGE IN SEVERE FORMS OF TRAFFICKING IN PERSONS DURING THE PERIOD OF TIME
THAT THE AWARD IS IN EFFECT;PROCURE A COMMERCIAL SEX ACT DURING THE PERIOD OF TIME THAT THE
AWARD IS IN EFFECT;OR USE FORCED LABOR IN THE PERFORMANCE OF THE AWARD OR SUB-AWARDS UNDER
THIS AWARD."
11. DUNS and CCR Requirements.Unless otherwise exempted from this requirement under 2 C.F.R.§25.110,the sponsor
> -f must maintain the currency of its information in the Central Contractor Registry(CCR)until submission of its final financial
report required under this Agreement or receive the final payment,whichever is later.
The sponsor may not make a sub-award to any entity unless the entity has provided its DUNS number to the sponsor.
RCO 14-1367D Page 18 of 23
12. FY2011 ACORN Funding Restriction.No funds provided under this Agreement may be used for sub-awards/sub-grants or
contracts to the Association of Community Organizations for Reform NOW(ACORN)or any of its subsidiaries.
13. Disadvantaged Business Enterprise Requirements,General Compliance.The sponsor agrees to comply with the
requirements of EPA's Program for Utilization of Small,Minority and Women's Business Enterprises in procurement under
assistance agreements,contained in 40 C.F.R.Part 33.
14. Sub-Awards. If the sponsor makes sub-awards under this Agreement,the sponsor is responsible for selecting its
sub-awardees and,if applicable,for conducting sub-award competitions.The sponsor agrees to:
a. Establish all sub-award agreements in writing;
b. Maintain primary responsibility for ensuring successful completion of the approved project (SPONSORS CANNOT
DELEGATE OR TRANSFER THIS RESPONSIBILITY TO A SUB-AWARDEE);
C. Ensure that any sub-awards comply with the standards in 2 C.F.R.Part 200,and are not used to acquire commercial
goods or services for the sub-awardee;
d. Ensure that any sub-awards to 501(c)(4)organizations do not involve lobbying activities;
e. Monitor the performance of sub-awardees,and ensure sub-awardees comply with all applicable regulations,statutes,
and terms and conditions which flow down in the sub-award;
f. Obtain RCO's consent before making a sub-award to a foreign or international organization,or a sub-award to be
performed in a foreign country;and
g. Obtain approval from RCO for any new sub-award work that is not outlined in the approved work plan in accordance
with 40 C.F.R.Parts 30.25 and 31.30,as applicable.
15. Federal Employees.No Subcontract or grant funds may be used to provide any Federal Employee transportation
assistance,reimbursement,and any other expense.
16. Fly America Act.The sponsor agrees to comply with 49 U.S.C.40118(the"Fly America"act)in accordance with the
General Services Administration's regulations at 41 C.F.R.Part 301-10,which provide that recipients and subrecipients of
Federal funds and their contractors are required to use U.S.Flag air carriers for U.S.Government-financed international air
travel and transportation of their personal effects or property,to the extent such service is available,unless travel by foreign
air carrier is a matter of necessity,as defined by the Fly America Act.The sponsor shall submit,if a foreign air carrier was
used,an appropriate certification or memorandum adequately explaining why service by U.S.flag air carrier was not
available or why it was necessary to use a foreign air carrier and shall,in any event,provide a certificate of compliance with
the Fly America requirements.The sponsor agrees to include the requirements of this section in all subcontracts that may
involve international air transportation.
17. Recovered Materials.The sponsor agrees to comply with all the requirements of Section 6002 of the Resource
Conservation and Recovery Act(RCRA),as amended(42 U.S.C.6962),including but not limited to the regulatory provisions
of 40 C.F.R.Part 247,and Executive Order 12873,as they apply to the procurement of the items designated in Subpart B of
40 C.F.R.Part 247.See also Section 27:Provisions for Federal Subawards Only.
18. Copeland"Anti-Kickback"Act.All contracts and subgrants in excess of$2,000 for construction or repair awarded by
recipients and subrecipients shall include a provision for compliance with the Copeland"Anti-Kickback"Act(18 U.S.C.874),
as supplemented by Department of Labor regulations(29 C,F,R,Part 3,"Contractors and Subcontractors on Public Building
or Public Work Financed in Whole or in Part by Loans or Grants from the United States").The Act provides that each
contractor or subrecipient shall be prohibited from inducing,by any means,any person employed in the construction,
completion,or repair of public work,to give up any part of the compensation to which he is otherwise entitled.The recipient
shall report all suspected or reported violations to the Federal awarding agency.See also Section 27:Provisions for Federal
Subawards Only.
19. Davis-Bacon Act,as amended(40 U.S.C.276a to a-7).When required by Federal program legislation,all construction
contracts awarded by the recipients and subrecipients of more than$2,000 shall include a provision for compliance with the
Davis-Bacon Act(40 U.S.C.276a to a-7)and as supplemented by Department of Labor regulations(29 C.F.R.Part 5,
"Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction").Under this
Act,contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages
specified in a wage determination made by the Secretary of Labor. In addition,contractors shall be required to pay wages
not less than once a week.The recipient shall place a copy of the current prevailing wage determination issued by the
Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage
determination.The recipient shall report all suspected or reported violations to the Federal awarding agency.See also
Section 27:Provisions for Federal Subawards Only.
RCO 14-1367D Page 19 of 23
20. Contract Work Hours and Safety Standards Act(40 U.S.C.327-333). Where applicable,all contracts awarded by
recipients in excess of$2000 for construction contracts and in excess of$2,500 for other contracts that involve the
employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract
Work Hours and Safety Standards Act(40 U.S.C.327-333),as supplemented by Department of Labor regulations(29
C.F.R.Part 5).Under Section 102 of the Act,each contractor shall be required to compute the wages of every mechanic
and laborer on the basis of a standard work week of 40 hours.Work in excess of the standard work week is permissible
provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in
excess of 40 hours in the work week.Section 107 of the Act is applicable to construction work and provides that no laborer
or mechanic shall be required to work in surroundings or under working conditions which are unsanitary,hazardous or
dangerous.These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the
open market,or contracts for transportation or transmission of intelligence.See also Section 27:Provisions for Federal
Subawards Only.
21. Rights to Inventions Made Under a Contract or Agreement. Contracts or agreements for the performance of
experimental,developmental,or research work shall provide for the rights of the Federal Government and the recipient in
any resulting invention in accordance with 37 C.F.R.Part 401,"Rights to Inventions made by Nonprofit Organizations and
Small Business Firms Under Government Grants,Contracts and Cooperative Agreements,"and any implementing
regulations issued by the awarding agency.See also Section 27:Provisions for Federal Subawards Only.
22• FY12 APPR ACT:Unpaid Federal Tax liabilities and Federal Felony Convictions.This Agreement is subject to the
provisions contained in the Department of Interior,Environment,and Related Agencies Appropriations Act,2012,HR 2055,
Division E,Sections 433 and 434 regarding unpaid federal tax liabilities and federal felony convictions.Accordingly,by
accepting this award the recipient acknowledges that it(1)is not subject to any unpaid Federal tax liability that has been
assessed,for which all judicial and administrative remedies have been exhausted or have lapsed,and that is not being paid
in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability,and(2)has not
been convicted(or had an officer or agent acting on its behalf convicted)of a felony criminal conviction under and Federal
law within 24 months preceding the award,unless EPA has considered suspension or debarment of the corporation,or such
officer or agent,based on these tax liabilities or convictions and determined that such action is not necessary to such action
is not necessary to protect the Government's interests.If the recipient fails to comply with these provisions,EPA will annul
this agreement and may recover any funds the recipient has expended in violation of sections 433 and 434.
B. Programmatic Conditions:
1• Semi-Annual Financial and Ecosystem Accounting Tracking System(FEATS)Performance Reports.The sponsor is
required to submit performance reports every six months,unless a different reporting frequency is outlined in the Scope of
Work,using the reporting tool supplied by RCO.The sponsor agrees to include brief information on each of the following
areas:
(a) Comparison of actual accomplishments to the outputs/outcomes established in the assistance agreement work plan for
the period;
(b) The reasons for slippages if established outputs/outcomes were not met;AND
(c) Additional pertinent information,including when appropriate,analysis and information of cost overruns or high unit costs.
Reporting periods are from October 1 to March 31 and April 1 to September 30.Performance reports are due to RCO 15
calendar days after the end of each reporting period.
2• Final Performance Report.In addition to the periodic performance reports,the sub-recipient will submit a final performance
report to RCO within 60 calendar days after the expiration or termination of the award.The report shall be submitted to the
RCO Grant Manager and must be provided electronically.The report shall generally contain the same information as in the
periodic reports,but should cover the entire project period.
3. Recognition of EPA Funding.Reports,documents,signage,videos,or other media,developed as part of projects funded
by this Agreement shall contain the following statement:
"THIS PROJECT HAS BEEN FUNDED WHOLLY OR IN PART BY THE UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY UNDER ASSISTANCE AGREEMENT[EPA agreement number]TO WASHINGTON DEPARTMENT OF FISH AND
WILDLIFE.THE CONTENTS OF THIS DOCUMENT DO NOT NECESSARILY REFLECT THE VIEWS AND POLICIES OF
THE ENVIRONMENTAL PROTECTION AGENCY,NOR DOES MENTION OF TRADE NAMES OR COMMERCIAL
PRODUCTS CONSTITUTE ENDORSEMENT OR RECOMMENDATION FOR USE."
4. Copyrighted Material.EPA has the right to reproduce,publish,use,and authorize others to use copyrighted works or other
data developed under this assistance agreement for Federal purposes.
RCO acknowledges that EPA may authorize another grantee to use copyrighted works or other data developed under this
Agreement as a result of:a)the selection of another grantee by EPA to perform a project that will involve the use of the
copyrighted works or other data or;b)termination or expiration of this agreement.
5. Peer Review.The results of this project may affect management decisions relating to Puget Sound.Prior to finalizing any
significant technical products,the Principal Investigator(PI)of this project must solicit advice,review and feedback from a
technical review or advisory group consisting of relevant subject matter specialists.A record of comments and a brief
description of how respective comments are addressed by the PI will be provided to the RCO Grants Manager prior to
' releasing any final reports or products resulting from the funded study.
RCO 14-1367D Page 20 of 23
6. Quality Assurance Requirements.Acceptable Quality Assurance documentation must be submitted to the Grant Program
within 30 days of acceptance of this agreement or another date as negotiated with the RCO Grants Manager.The National
Estuary Program(NEP)Quality Coordinator supports quality assurance for EPA-funded NEP projects.No work involving
direct measurements or data generation,environmental modeling,compilation of data from literature or electronic media,
and data supporting the design,construction,and operation of environmental technology shall be initiated under an
agreement until RCO or the NEP Quality Coordinator has approved the quality assurance document.The sponsor will
submit all Quality Assurance documentation to the following address.Please copy the Grant Program on all correspondence
with the NEP Quality Coordinator:Thomas H.Gries,NEP Quality Coordinator Department of Ecology Tgri460 @ecy.wa.gov
360.407.6327.
7. Environmental Data and Information Technology.Sub-recipients are required to institute standardized reporting
requirements into their work plans and include such costs in their budgets.All environmental data will be required to be
entered into the EPA's Storage and Retrieval data system(STORET).The best method(local or state consolidated)for
reporting will be determined on a project-by-project basis between the DFW grant manager and sub-recipient.More
information about STORET can be found at hftp://www.epa.gov/STORET.
SECTION 29. ORDER OF PRECEDENCE
This Agreement is entered into,pursuant to,and under the authority granted by applicable federal and state laws.The provisions of
the Agreement shall be construed to conform to those laws.In the event of an inconsistency in the terms of this Agreement,or
between its terms and any applicable statute,rule,or policy or procedure,the inconsistency shall be resolved by giving precedence in
the following order:
A. Federal law and binding executive orders;
B. Code of federal regulations;
C. Terms and conditions of a grant award to the state from the federal government;
D. Federal grant program policies and procedures adopted by a federal agency;
E. State law;
F. Washington Administrative Code;
G. Project Agreement;
H. The RCO policies and procedures.
SECTION 30. LIMITATION OF AUTHORITY
Only RCO or RCO's delegate by writing(delegation to be made prior to action)shall have the express,implied,or apparent authority
to alter,amend,modify,or waive any clause or condition of this Agreement.Furthermore,any alteration,amendment,modification,or
waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by RCO.
SECTION 31. WAIVER OF DEFAULT
Waiver of any default shall not be deemed to be a waiver of any subsequent default.Waiver or breach of any provision of the
Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of
the terms of the Agreement unless stated to be such in writing,signed by the director,or the director's designee,and attached to the
original Agreement.
SECTION 32. APPLICATION REPRESENTATIONS--MISREPRESENTATIONS OR INACCURACY OR BREACH
The 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 33. SPECIFIC PERFORMANCE
The RCO may enforce this Agreement by the remedy of specific performance,which usually will mean completion of the project as
described in this Agreement.However,the remedy of specific performance shall not be the sole or exclusive remedy available to
RCO.No remedy available to the RCO shall be deemed exclusive.The RCO may elect to exercise any,a combination of,or all of the
remedies available to it under this Agreement,or under any provision of law,common law,or equity.
SECTION 34. TERMINATION
The RCO will require strict compliance by the sponsor with all the terms of this Agreement including,but not limited to,the
requirements of the applicable statutes,rules and all the RCO policies,and with the representations of the sponsor in its application
for a grant as finally approved by the RCO.For federal awards,notification of termination will comply with 2 C.F.R.§200.340.
A. For Cause.The director may suspend or terminate the obligation to provide funding to the sponsor under this Agreement:
1. In the event of any breach by the sponsor of any of the sponsor's obligations under this Agreement;or
2. If the sponsor fails to make progress satisfactory to the director toward completion of the project by the completion date set
out in this Agreement. Included in progress is adherence to milestones and other defined deadlines
In the event this Agreement is terminated by the director,under this section or any other section after any portion of the grant
amount has been paid to the sponsor under this Agreement,the director may require that any amount paid be repaid to RCO for
redeposit into the account from which the funds were derived.
RCO 14-1367D Page 21 of 23
B. Non Availability of Funds.The obligation of the RCO to make payments is contingent on the availability of state and federal
funds through legislative appropriation and state allotment.If amounts sufficient to fund the grant made under this Agreement are
not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period,RCO shall not be obligated to pay any
remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the Office of Financial
Management occurs.If RCO participation is suspended under this section for a continuous period of one year,RCO's obligation
to provide any future funding under this Agreement shall terminate.Termination of the Agreement under this section is not subject
to appeal by the sponsor.
C. For Convenience.Except as otherwise provided in this Agreement,RCO may,by ten(10)days written notice,beginning on the
second day after the mailing,terminate this Agreement,in whole or in part.If this Agreement is so terminated,RCO shall be liable
only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of
termination.
SECTION 35. DISPUTE HEARING
Except as may otherwise be provided in this Agreement,when a dispute arises between the sponsor and the RCO,which cannot be
resolved,either party may request a dispute hearing according to the process set out in this section.Either party's request for a
dispute hearing must be in writing and clearly state:
A.The disputed issues;
B.The relative positions of the Parties;
C.The sponsor's name,address,project title,and the assigned project number.
In order for this section to apply to the resolution of any specific dispute or disputes,the other party must agree in writing that the
procedure under this section shall be used to resolve those specific issues.The dispute shall be heard by a panel of three persons
consisting of one person chosen by the sponsor,one person chosen by the director,and a third person chosen by the two persons
initially appointed.If a third person cannot be agreed on,the third person shall be chosen by the director.
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 an affected Party to perform,as necessary,or is otherwise unlawful.
Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party.The request shall be
delivered or mailed within thirty(30)days of the date the requesting party has received notice of the action or position of the other
party which it wishes to dispute.The written Agreement to use the process under this section for resolution of those issues shall be
delivered or mailed by the receiving parry 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 36. 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 37. GOVERNING LAWIVENUE
This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington.In the event of a lawsuit
involving this Agreement,venue shall be in Thurston County Superior Court if legally proper;otherwise,venue shall be in a county
where the project is situated.The sponsor,by execution of this Agreement acknowledges the jurisdiction of the courts of the State of
Washington.
SECTION 38. PROVISIONS APPLICABLE ONLY IF FEDERALLY RECOGNIZED INDIAN TRIBE IS THE SPONSOR
In the cases where this Agreement is between the RCO(State)and a federally recognized Indian Tribe,the following governing
law/venue applies,but only between those Parties:
A. Notwithstanding the above venue provision,if the State of Washington intends to initiate a lawsuit against a federally recognized
Indian tribe relating to the performance,breach or enforcement of this Agreement,it shall so notify the Tribe. If the Tribe believes
that a good faith basis exists for subject matter jurisdiction of such a lawsuit in federal court,the Tribe shall so notify the State
within five days of receipt of such notice and state the basis for such jurisdiction.If the Tribe so notifies the State,the State shall
bring such lawsuit in federal court,otherwise the State may sue the Tribe in the Thurston County Superior Court.Interpretation of
the Agreement shall be according to applicable State law,except to the extent preempted by federal law.In the event suit is
brought in federal court and the federal court determines that it lacks subject matter jurisdiction to resolve the dispute between
the State and Tribal Party,then the Parties agree to venue in Thurston County Superior Court.
B. Any judicial award,determination,order,decree or other relief,whether in law or equity or otherwise,resulting from such a
lawsuit shall be binding and enforceable on the Parties.Any money judgment or award against a Tribe,tribal officers,employees,
and members,or the State of Washington and its officers and employees may exceed the amount provided for in Section F:
Project Funding Amount of the Agreement in order to satisfy the judgment.
RCO 14-1367D Page 22 of 23
C. The Tribe hereby waives its sovereign immunity for suit in federal and state court for the limited purpose of allowing the State to
bring such actions as it determines necessary to give effect to this section and to the enforcement of any judgment relating to the
performance,or breach of this Agreement.This waiver is not for the benefit of any third party and shall not be enforceable by any
third party or by any assignee of the Parties. In any enforcement action,the Parties shall bear their own enforcement costs,
including attorneys'fees.
For purposes of this provision,the State includes the RCO and any other state agencies that may be assigned or otherwise obtain the
right of the RCO to enforce this Agreement.
SECTION 39. 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 14-1367D Page 23 of 23
Eligible Scope Activities
Project Sponsor: City of Port Angeles Project Number: 14-1367
Project Title: Civic Field Lighting Replacement Project Type: Development
Program: RRG Local Parks Approval: 7/10/2015
Project Metrics
Sites Improved
Project acres developed: 0.00
Project acres renovated: 3.31
The surface acreage that the field lights
would be covering is approximately 3.31
acres.
Development Metrics
Worksite#1, Civic Field
Athletic Fields
Multi-purpose field development
Number of multi-purpose fields: 0 new, 1 renovated
Number of multi-purpose fields with lighting: 0 new, 1 renovated
Cultural Resources
Cultural resources
Permits
Obtain permits
Electrical Permit- $300.00
Architectural&Engineering
Architectural&Engineering(A&E)
F
ELIGREIM.RPT September 15,2015 Page: 1
Milestone Report By Project
Project Number: 14-1367 D
Project Name: Civic Field Lighting Replacement
Sponsor: Port Angeles City of
x I Milestone Target Date Comments/Descriptio
X I Cultural Resources Complete 09/01/2015
X Project Start 09/15/2015
Design Initiated 03/31/2016
! Progress Report Submitted 03/31/2016
60%Plans to RCO 03/31/2016
Bid Awarded/Contractor Hired 03/31/2016
All Bid Docs/Plans to RCO 04/08/2016
Applied for Permits 06/30/2016
Annual Project Billing 07/01/2016
! Special Conditions Met 08/01/2016
i Construction Started 08/01/2016
Funding Acknowl Sign Posted 08/01/2016
RCO Interim Inspection 08/31/2016
50%Construction Complete 08/31/2016
90%Construction Complete 09/20/2016
RCO Final Inspection 12/01/2016
Construction Complete 12/01/2016
Final Billing to RCO 03/31/2017
Final Report in PRISM 03/31/2017
I Agreement End Date 04/30/2017
X=Milestone Complete
1=Critical Milestone
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WILESTO.RPT September 15,2015 Page: 1