HomeMy WebLinkAboutCAG2000-0395 - Original - IAC - LWCF Project - Clark Lake Park Expansion #99-1161A - 09/19/2000 Interagency Committee for Outdoor Recreation a srnTgo Salmon Recovery Funding Board
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360/902:3000 a 360/902-2636
360/902-3026 (fax) oYz 360/902-3026 (fax)
email: info@iac.wa.gov sy A 9 email: salmon@iac.wa.gov
STATE OF WASHINGTON
OFFICE OF THE INTERAGENCY COMMITTEE
1111 Washington Street SE
PO Box 40917
November 2, 2000 Olympia, WA 98504-0917
Perry Brooks
Kent Parks & Rec Dept
220 4th Ave S
Kent, WA 98032-5895
RE: Clark Lake Park Expansion, IAC#99-1161A
Dear Mr. Brooks:
Congratulations on your successful application for grant funds for the Clark Lake Park
Expansion project.
Your project is administered through the Office of the Interagency Committee (IAC).
Enclosed are two original sets of project agreement materials. Each set contains the
Project Agreement, Milestone Report, Eligible Reimbursement Activities Report, and a
customized Invoice Voucher. Also enclosed are appropriate policy and participation
manuals for you to refer to as you implement your project and seek reimbursement. After
reviewing your Project Agreement materials, please have the appropriate person sign each
Project Agreement and return one signed original to the IAC. After the Project Agreement is
signed and returned, the Clark Lake Park Expansion project can commence.
Prompt implementation and completion of your project is extremely important. It will ensure
the continuing success and credibility of the Land and Water Conservation program by
demonstrating effective results to citizens and policy makers. Also, completing your project in
a timely manner allows our office to provide project reimbursement to you more rapidly.
We encourage you to offer appropriate media opportunities to help build public awareness of
the project's purposes and benefits. Please notify your IAC project manager of any event
celebrating your project's beginning or completion.
As always, our staff members are available to answer questions that may arise during project
implementation. If you need assistance please contact Darrell Jennings at (360) 902-3020 or
darrellj@iac.wa.gov.
Thank you again for helping make this valuable investment in Washington State's recreation,
conservation, and natural resources.
Sincerely,
Laura Eckert Johnson
Director
Enclosures
AGRECVR.RPT Ck' :�'x is
LWCF Project Agreement
Outdoor Recreation Account
Project Sponsor: Kent Parks & Rec Dept Project Number: 99-1161A
Project Title: Clark Lake Park Expansion IAC Approval Date: 7/14/2000
A. PARTIES OF THE AGREEMENT
This Project Grant Agreement (Agreement) is entered into between the Interagency Committee for
Outdoor Recreation (IAC), P.O. Box 40917, Olympia, Washington 98504-0917 and Kent Parks& Rec
Dept, 220 4th Ave S, Kent, WA 98032-5895(Project Sponsor)and shall be binding upon 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 Outdoor
Recreation Account of the State of Washington's General Fund. The grant is made by the Interagency
Committee for Outdoor Recreation (IAC) to the Project Sponsor for the project named above.
C. DESCRIPTION OF PROJECT
The subject Project is described on the attached Project Summary.
D. TERM OF AGREEMENT
The Project Sponsor's on-going obligation for the above project is perpetual unless otherwise identified in
this Agreement.
E. PERIOD OF PERFORMANCE
The Project reimbursement period shall begin on September 19, 2000 and end on December 31,
2000. No expenditure made before or after this period is eligible for reimbursement unless
incorporated by written amendment into this Agreement.
F. PROJECT FUNDING
The total grant award provided by IAC for this project shall not exceed$252,187. IAC shall not pay any
amount beyond that approved for funding of the project. The Project Sponsor shall be responsible for
all total project costs that exceed this amount. The contribution by the Project Sponsor toward work on
this project at a minimum shall be as indicated below:
Percentage Dollar Amount
IAC -LWCF 45% $252,187
Project Sponsor 55% $312,813
Total Project Cost 100% $565,000
G. RIGHTS AND OBLIGATIONS
All rights and obligations of the parties to this Agreement are subject to this Agreement and its
attachments, including the Sponsor's Application, Project Summary, Eligible Reimbursement Activities
Report, Project Milestones, and the General Provisions, all of which are attached hereto and
incorporated herein.
Except as provided herein, no alteration of any of the terms or conditions of this Agreement will be
effective unless provided in writing. All such alterations, except those concerning the period of
performance, must be signed by both parties. Period of performance extensions need only be signed
by IAC's Director.
The Project Sponsor has read, fully understands and agrees to be bound by all terms and conditions
as set forth in these documents.
LWCF Project Agreement Outdoor Recreation Account
Chapter 79A.25 RCW, Chapter 286 WAC Page 1 of 2
PROJAGRI.RPT
H. COMPLIANCE WITH APPLICABLE STATUTES, RULES,AND IAC POLICIES
This Agreement is governed by, and the Sponsor shall comply with, all applicable state and federal laws
and regulations, including Chapter 79A.25 RCW, Chapter 286 WAC and published agency policies,
which are incorporated herein by this reference as if fully set forth.
I. ADDITIONAL PROVISIONS OR MODIFICATIONS OF THE GENERAL PROVISIONS
The legal description of the property to be acquired in this project agreement is hereby incorporated by Exhibit
A-1 (attached).
J. PROJECT GRANT AGREEMENT REPRESENTATIVE
All written communications sentto the Sponsor under this Agreement will be addressed and delivered
to:
Project Contact IAC
Name: Perry Brooks Interagency Committee for Outdoor Recreation
Title: Park Planner Natural Resources Building
Address: 220 4th Ave S PO Box 40917
Kent, WA 98032-5895 Olympia, Washington 98504-0917
www.wa.gov/iac
These addresses shall be effective until receipt by one party from the other of a written notice of any
change.
K. ENTIRE AGREEMENT
This agreement, along with all 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.
L. EFFECTIVE DATE
This agreement,for project#99-1161A, shall be effective upon signing by all parties.
STATE OF WASHINGTON
BY: DATE:
Laura Eckert Johnson, Director
PROJECT PO SOR
_ O
BY: DATE:
TITLE:
Pre-approved as to form by the state Assistant Attorney General
Outdoor Recreation Account
Chapter 79A.25 RCW,Chapter 286 WAC
Kent Parks and Recreation
Clark Lake Park Acquisition
IAC#99-1161 A
Exhibit A-1
The northeast quarter of the northwest quarter of Section 31, Township 22 North,
Range 5 East, W.M., in King County, Washington;
EXCEPT those portions for roads;
AND EXCEPT portions conveyed to King County for roads by instrument under King
County Recording Number 9703201028.
End of Exhibit A-1
lnierageray
Committee fbs
N CHENTION Land and Water Conservation Program
Post-Evaluation Project Summary
TITLE: Clark Lake Park Expansion NUMBER: 99-1161A (Acquisition)
STATUS: Board Funded
SPONSOR: Kent Parks& Rec Dept EVALUATION SCORE: 52.1000
BOARD RANKING: 11 of 26
COSTS: SPONSOR MATCH:
IAC- LWCF $252,187.00 45% Appropriation 1 Cash
Local $312,813.00 55% Conservation Futures
Total $565,000.00 100%
DESCRIPTION:
The City of Kent is seeking to acquire a 38.25 acre parcel of land located adjacent to the existing Clark Lake
Park. This acquisition would allow the City to own 60% of the area surrounding this critical habitat area bringing
the City's total land ownership to 102 acres. The city sees this park as the focal point of its extensive park system
and would be adjacent to the new"town center"to be located in the area. This purchase would greatly enhance
the educational and passive recreation use opportunities for the residents of this rapidly growing south King
County city.
The property is currently owned by the Mordhorst family, who has owned it for the past 60 years. It has been used
primarily for grazing over that time. Upon acquiring this property, the City will look to to enhance this
wetland/upland area and its surroundings to provide greater wildlife habitat. At this time, it is suspected that this
lake and its outfall are Chinook salmon spawning habitat.
The city will also enter into a right of first refusal agreement with the Mordhorst family to purchase an additional
40 acres to the south. Future plans also call for purchasing the remaining land to the north and south, making the
City the sole owner of all land surrounding the lake which will guarantee protection of this fragile ecosystem.
LOCATION INFORMATION:
The site is located on Kent's east hill at the southeast corner of 240th St. and 120th St.
COUNTY: King
SCOPE (ELEMENTS):
Administrative costs Allowable land costs
ANTICIPATED ACREAGE:
Acres To Acres To Acres To
ACREAGE TYPE Be Acquired Be Developed Be Renovated
Uplands 8.00
Wetlands 32.00
Waterfront To Waterfront To Waterfront To
WATERFRONT TYPE Be Acquired Be Developed Be Renovated
Lake 250.00
FISCAL YEAR: 2001 DATE PRINTED: November 2, 2000
1 PAPSUM1.RPT Clark Lake Park Expansion
Imemg
(...
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OUTDOOR Eligible Reimbursement Activities Report
NECRERTION
Project Sponsor: Kent Parks & Rec Dept Project Number: 99-1161 A
Project Title: Clark Lake Park Expansion IAC Approval: 7/14/2000
Acquisition Project:
Items
Administrative costs
Land
ELIGREIM.RPT November 2, 2000 Page: 1
Intrragenry
C=gMttz far
OUTDOOR Milestone Report By Project
RECRERTIOR
Project Number: 99-1161 A
Project Name: Clark Lake Park Expansion
Sponsor: Kent Parks & Rec Dept
IAC Project Manager: Darrell Jennings
X Milestone Target D. ents/Descript ion
Project Start 09/19/2000
Purchase Agreement Signed 10/25/2000
Acquisition Closing 11/21/2000
Recorded Documents to IAC 12/31/2000
Project Complete 12/31/2000
Final Docs & Billing to IAC 03/31/2001
X= Milestone Complete
I = Critical Milestone
WILESTO.RPT November 02,2000 Page: 1
INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION FORM A-19 State of Washington
INVOICE VOUCHER
Agency Name Sponsor's Certificate. I hereby certify under penalty of perjury that the items and totals listed
Interagency Committee for Outdoor Recreation herein are proper changes for materials,merchandise or services furnished and/or services
P.O. Box 40917 furnished to the State of Washington,and that all goods furnished and/or services rendered
have been provided without discrimination because of age,sex,marital status,race,creed,
Olympia, WA 98504-0917 color,national origin,handicap,religion or Vietnam or disabled veterans status.
Sponsor BY
Kent Parks&Rec Dept
220 4th Ave S
Kent,WA 98032-5895
(TITLE) (DATE)
Project Number 99-1 1 61 A Invoice# Billing Period This is a Final Billing?
Project Name Clark Lake Park Expansion 1 From: To: Yes No
Project Previous Expenditures To DateI Costs For This Billing
CATEGORIES: Agreement Expenditures Donations. Total . i Expenditures or
Total
Acquisition S536 750 i
Land
S
Incidentals
Admin Costs $28.250 i •' r I. + [v qL 3e x••y k q :d� ;r r:n
TOTAL 5505 C•00 ., y
FUNDING &EXPENDITURE FORMULA
For IAC Use ONLY
1101
Sponsor: 55.00% $312,813 Total Billed
IAC Federal: IAC Share Billed
IAC: LWCF 44.00% $252,187 IAC Share Approved
IAC: Advance Balance
Agreement Total: 99.00% $565,000 Match Owed Balance
IAC Share Retained
IAC Share Paid
Donation Bank
2176 K200 99-1161 A
210 070 P22 91100 NZ 2176 1
NZ 2176
NZ 2176
Project Mana er/Date Release Final Pmt r, Division Supervisor/Date Accountin /Date
11NVOICE.RPT 11 /2/2000 Current Funding
March 28,2000
. General Provisions-1
At Brag rk for
!OUi000fl Project Agreement
r RECRERiIOR General Provisions
Table of Contents
Page
A. 1. Headings, Definitions, and Framework of Agreement ........................................................3
B. Performance and Requirements -- General Responsibilities
2. Performance by Sponsor ...............................................................................................4
3. Restrictions on Assignment ...........................................................................................4
4. Responsibility for Project...............................................................................................4
5. Independent Capacity of the Sponsor .............................................................................4
6. Compliance with Applicable Law....................................................................................4
7. Conflict of Interest .......................................................................................................5
8. Requirements of the National Park Service.......................................................................5
9. Acknowledgments and Signs.........................................................................................5
C. Funding, Reimbursements, Records, and Inspections
10. Project Funding............................................................................................................5
11. Project Reimbursements................................................................................................6
12. Non-availability of Funds...............................................................................................6
13. Records and Reports.....................................................................................................6
14. Authority to Inspect/Right of Entry ...........................................................I.....................6
D. Acquisition and/or Development -- Methods and Requirements
15. Provisions Applying to Acquisition Projects......................................................................7
16. Provisions Applying to Development Projects...................................................................7
17. Hazardous Substances..................................................................................................8
March 28,2000
General Provisions-3
Section 1: Headings, Definitions, and Framework of Agreement
(A) Headings used in this Agreement are for reference purposes only and shall not be considered a
substantive part of this Agreement.
(B) Definitions.
Acquisition - The gaining of rights of public ownership by purchase, negotiation, or other means, of fee or
less than fee interests in real property.
Agreement - The accord accepted by all parties to the present transaction; the Project Agreement,
supplemental agreement, and/or intergovernmental agreement between IAC and a Sponsor.
Applicant - Any agency or organization that meets the qualifying standards, including deadlines, for
submission of an application soliciting a grant of funds from IAC.
Application - The forms approved by IAC's board or its Director for use by applicants in soliciting project
funds administered by IAC.
Board (IAC) - The committee created under RC 43.99.110 includes eight members. Three are agency
heads: the Commissioner of Public Lands, the Director of Parks and Recreation, and the Director of Fish
and Wildlife (or their designees)• Five, by appointment of the Governor with the advice and consent of
the Senate, are members of the public at large who have demonstrated interest in and a general
knowledge of outdoor recreation in the state.
Development - The construction of facilities to enhance outdoor recreation or habitat conservation
resources.
Director- IAC's Director or the Director's designee.
Interagency Committee for Outdoor Recreation (IAC) - The Executive branch state agency, including a
board, Director and personnel, created by RCW 43.99.110 and 43.99.130.
Project- The undertaking that is the subject of this agreement and that is, or may be, funded in whole or
in part with funds administered by IAC.
Project Summary - One of the document formats approved by IAC's board or Director for use by
applicants in soliciting project funds.
Sponsor- The applicant who has been awarded a grant of funds and is bound by this executed Project
Agreement; includes its officers, employees and agents.
(C) Framework of Agreement. This Agreement provides for the orderly completion of the proposal contained
in the Sponsor's application for public funds administered by IAC. In summary, it provides the following
guidance:
(1) Timeliness. For the Sponsor to undertake and complete the Project in a timely manner, in
accordance with the approved Project proposal and applicable laws;
(2) Reimbursements. For IAC to provide reimbursement to the Sponsor for eligible Project costs.
Sponsor reimbursement requests shall be made not more than more than once monthly and not less
than yearly, in accordance with IAC format and policy;
(3) Recognition. For the Sponsor to provide acknowledgment of IAC's funding contribution, through
signs, written recognition in printed materials, and/or in dedication ceremonies;
March 28,2000
General Provisions-5
Acquisition Policies Act (PL91-646, RCW 8.26.010); Uniform Standards of Professional Appraisal Practices;
permits (shoreline, HPA, demolition); land use regulations (comprehensive areas ordinances, GMA); and federal
and state safety and health regulations (OSHA/WISHA).
To the extent permitted by law, the Sponsor further agrees to indemnify and hold harmless IAC from all
liability, damages and costs of any nature, including but not limited to costs of suits and attorneys' fees
assessed against IAC, as a result of the failure of the Sponsor to so comply.
Section 7: Conflict of Interest Prohibited
IAC may, by written notice to the Sponsor terminate this Agreement if it is found after due notice and examination by
IAC that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW;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 above, IAC 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 IAC provided for in this clause shall not be exclusive and are in addition to any other rights and remedies
provided by law.The existence of facts upon which IAC makes any determination under this clause shall be an issue
and may be reviewed as provided in the"Disputes"clause of this Agreement.
Section 8: Requirements of the National Park Service
If the Project has been approved by the National Park Service, United States Department of the Interior, for
assistance from the Federal Land and Water Conservation Fund (LWCF, the Project Agreement General
Provisions as contained in Section 660.3 Attachment B of the L&WCF Grants-in-Aid Manual as now existing or
hereafter amended are made part of this Agreement, and the Sponsor shall also abide by these Agreement
General Provisions. Further, the Sponsor agrees to provide IAC with reports or documents needed to meet the
requirements of the Agreement or Section 660.3 Attachment B of the L&WCF Grants-in-Aid Manual.
Section 9: Acknowledgments and Signs
(A) In Publications. The Sponsor shall include language which acknowledges the funding contribution of the
program to this Project in any release or other publication developed or modified for, or referring to, the
Project.
(B) Signs. The Sponsor also shall post signs or other appropriate media at Project entrances and other
locations on the Project which acknowledge the program's funding contribution as provided by IAC policy,
unless waived by the Director.
(C) Ceremonies. The Sponsor shall notify IAC no later than two weeks before a dedication ceremony for this
Project. The Sponsor shall verbally acknowledge the program's funding contribution at all dedication
ceremonies.
Section 10: Project Funding
(A) Additional Amounts. IAC shall not be obligated to pay any amount beyond IAC's dollar amount or the
Project percentage as identified in this Agreement (whichever amount is less), unless that additional
amount has been approved in advance by IAC's board or Director, and incorporated by written
amendment into this Agreement.
(B) Before the Agreement. No expenditure made, or obligation incurred, by the Sponsor before the effective
date of this Agreement shall be eligible for grant funds, in whole or in part, unless specifically approved
by IAC's board or Director. The dollar amounts identified in this Agreement shall be reduced as necessary
to exclude any such expenditure from participation.
March 28,2000
General Provisions-7
The Sponsor shall provide right of access to its lands and facilities to IAC,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.
Section 15: Provisions Applying to Acquisition Projects
The following provisions shall be in force only if the Project described in this Agreement is for the acquisition of
outdoor recreation or habitat conservation land or facilities:
(A) Relocation Assistance-L&WC F. When Federal Land and Water Conservation 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 the applicable regulations and procedures of the Department of the Interior implementing that
Act.
(B) Relocation Assistance-State Funds. When state funds are included in this Project, the Sponsor, if
required by law, agrees to comply with the terms and conditions of the Uniform Relocation Assistance
and Real Property Acquisition Policy of the State of Washington (Chapter 240, Laws of 1971, 1st Ex.
Sess., RCW 8.26.010), and Chapter 468-100 WAC.
(C) Housing & Relocation. In the event that housing and relocation costs, as required by federal law set out
in subsection (A) above and state law set out in subsection (B) above, are involved in the execution of
this Project, the Sponsor agrees to provide any housing and relocation assistance that may be necessary,
with the understanding that eligible relocation costs may be part of the total Project cost.
(D) Evidence of Land Value. Before disbursement of funds by IAC as provided under this Agreement, the
Sponsor agrees to supply evidence to IAC that the land acquisition cost has been established as per IAC
procedural guidelines, which are incorporated by this reference.
(E) Evidence of Title. The Sponsor agrees to show the type of ownership interest for the property that has
been acquired. This shall be done before any payment of financial assistance by IAC.
(F) Deed of Right to Use Land for Public Purposes. The Sponsor agrees to execute an instrument or
instruments which contain (1) a legal description of the property acquired under this Agreement, (2) a
conveyance to the State of Washington of the right to use the described real property forever for outdoor
recreation or habitat conservation purposes, and (3) a promise to comply with applicable statutes, rules,
and IAC policies with respect to conversion of use.
Section 16: Provisions Applying to Development Projects
The following provisions shall be in force only if the Project described in this Agreement is for development of
outdoor recreation or habitat conservation land or facilities:
(A) Construction Document Review and Approval. The Sponsor agrees to submit one copy of all construction
plans and specifications to IAC for review. Review and approval by IAC's Director will be for compliance
with the terms of this Agreement.
(B) Contracts for Construction. Contracts for construction shall be awarded through a process of competitive
bidding if required by state law. Copies of all bids and contracts awarded shall be retained by the Sponsor
and available for IAC review. Where bids are substantially in excess of Project estimates, IAC may, by
notice in writing, suspend the Project for determination of appropriate action, which may include
termination of the Agreement.
(C) Construction Contract Change Order. Sponsors must get prior written approval for all change orders that
reduce or significantly change the scope of the Project, as finally approved by IAC's board.
March 28,2000
General Provisions-9
(D) Termination of Use/Non-Conformance.
(1) Outdoor Recreation Projects- Public use of the property acquired or developed with IAC assistance
is terminated.
(2) Habitat Conservation Projects - The property acquired no longer meets or conforms to the intent of
the category in which it was funded.
(E) Element Change. A major change in an element described in the Agreement. When approved by IAC's
board or Director, certain elements may be deleted from the Project Agreement without invoking the
requirement to replace the elements. Such deletions are allowed when IAC's board or Director determines
that the elements are not needed or cannot be retained for public use due to one or more of the following
conditions:
• Obsolescence
• Extraordinary vandalism
• Acts of Nature
• Designed life expectancy reached
• Fire
• Property or property rights lost as a result of legal action
• ICC National Trails System Act reversion order (National Trails System Act 8(d), 16 U.S.C.
§ 7247(d); WAC 286-27-060(2)).
Section 19: Construction, Operation, Use and Maintenance of Assisted Projects
Except for habitat conservation' areas generally closed to the public, Sponsors must ensure that properties or
facilities assisted with IAC funds, including undeveloped sites, are built, operated and maintained:
(A) Appearance. To appear attractive and inviting to the public except for brief installation, construction, or
maintenance periods.
(B) Laws. According to applicable federal, state, and local laws and regulations, including public health
standards and building codes.
(C) Safety. In a reasonably safe condition for public use.
(D) Maintenance. Throughout its estimated life so as to prevent undue deterioration that would discourage
public use.
(E) Availability. For public use at reasonable hours and times of the year, according to the type of area or
facility.
(F) Nondiscrimination. In compliance with all federal and state nondiscrimination laws, regulations and
policies.
Section 20: Income, Income Use.
In this context,the words babitat conservation refer to the three programs in IAC's Habitat Conservation Account:Critical
Habitat,Natural Areas,and Urban Wildlife Habitat.
March 28,2000
General Provisions-11
(C) Not discriminate on the basis of age, disability, gender, income, race, or religion.
Section 23: Liability Insurance Requirements for Firearm Range Sponsors
The Sponsor shall procure an endorsement, or other addition, to liability insurance it may currently carry, or
shall procure a new policy of liability insurance, in a total coverage amount the Sponsor deems adequate to
ensure it will have resources to pay successful claims of persons who may be killed or injured, or suffer
damage to property, while present at the range facility to which this grant is related, or by reason of being in
the vicinity of that facility; provided that the coverage shall be at least one million dollars ($1,000,000) for the
death of, or injury to, each person.
(A) The liability insurance policy, including any endorsement or addition, shall name Washington State and
IAC as defined in this Agreement as additional insureds and shall be in a form approved by IAC's board or
Director.
(B) The policy, endorsement or other addition, or a similar liability insurance policy meeting the requirements
of this section, shall be kept in force throughout the Sponsor's obligation to the Project as identified in
this Agreement.
(C) The policy, as modified by any endorsement or other addition, shall provide that the issuing company shall
give written notice to IAC not less than thirty (30) calendar days in advance of any cancellation of the
policy by the insurer, and within ten (10) calendar days following any termination of the policy by the
Sponsor.
(D) The requirement of Subsection A through D above shall not apply if the Sponsor is a federal, state, or
municipal government which has established a program of self-insurance or a policy of self-insurance with
respect to claims arising from its facilities or activities generally, including such facilities as firearms or
archery ranges, when the applicant declares and describes that program or policy as a part of its
application to IAC-
(E) By this requirement, IAC does not assume any duty to any individual person with respect to death, injury,
or damage to property which that person may suffer while present at, or in the vicinity of, the facility to
which this grant relates. Any such person, or any other person making claims based upon such death,
injury, or damage, must look to the Sponsor, or others, for any and all remedies that may be available by
law.
Section 24: Waiver of Default
Waiver of any default shall not be deemed to be a waiver of any subsequent default.Waiver of 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 25: Application Representations -- Misrepresentation or Inaccuracy a Breach
IAC relies upon 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 26: Indemnity
To the extent permitted by law,the Sponsor shall defend, protect and hold harmless the state of Washington, IAC,or
any employees thereof,from and against all claims,suits or actions arising from the Sponsor's acts which are libelous
March 28,2000
General Provisions-13
Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party.
The request shall be delivered or mailed within thirty (30) days of the date the requesting party has received
notice of the action or position of the other party which it.wishes to dispute. The written agreement to use the
process under this section for resolution of those issues shall be delivered or mailed by the receiving party to
the requesting party within thirty (30) days of receipt by the receiving party of the request.
All costs associated with the implementation of this process shall be shared equally by the parties.
Section 29: Governing LawNenue
This Agreement shall be governed by the laws of the state of Washington. In the event of a lawsuit involving
this Agreement, venue shall be proper only in Thurston County. The Sponsor by executing this Agreement,
acknowledges the jurisdiction of the courts of the state of Washington in this matter.
Section 30: Severability
If any provision of this Agreement or any provision of any document incorporated by reference shall be held
invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect
without the invalid provision and to this end the provisions of this Agreement are declared to be severable.
END--