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HomeMy WebLinkAboutPK1997-0029 - Original - Interagency Committee for Outdoor Recreation - East Hill Park Expansion - Deed of Right to Use Land - Project Number 97-036A - 06/24/1997 CITY OF KENT PARKS AND RECREATION LETTER OF TRANSMITTAL TO: IAC DATE: JUNE 20, 1997 PHIL TRASK P.O. BOX 40917 OLYMPIA, WA 98504-0917 PROJECT: IAC GRANT - EAST HILL PROERTY KENT, WASHINGTON We are sending you: [ ] Drawings/Plans [ ] Specifications [ ] Vendor Set Up Form [ ] Contract(s) [ ] Change Order [ X ] Other: Des ription One Each East Hill Property: Deed of Right To Use Land for Public Recreation Purposes, and Legal Description (Exhibit "A" These are transmitted for the following reason(s): [ ] For approval [ ] For your use [ X ] As requested [ ] For review and comment [ ] For signature & return [ ] Other Requests REMARKS: If you have any questions, please call. Thank you, Teri Petrole-Stump Parks and Recreation - Contract Administration 220 4th Avenue South Kent, WA 98032 (206) 859-3992 R MASTERS/LETTER.TRN Helen Wickstrom City of Kent Parks & Recreation Administration 220 4th Avenue South Kent, Washington 98032 (253) 859-3992 DEED OF RIGHT TO USE LAND FOR PUBLIC RECREATION PURPOSES The Grantor, the City of Kent for and in consideration of monies coming in whole or in part from the Outdoor Recreation Account of the General Fund of the State of Washington and in fulfillment of terms of the Project Agreement identified below, conveys and grants to the State of Washington individually and as the representative of all the people of the State, the right to use the real property described below forever for the outdoor recreation purposes. Those purposes are described in the Project Agreement entered into between the Grantor and the State of Washington through the Interagency Committee for Outdoor Recreation entitled East Hill Expansion Project Number 97-036A signed by the Grantor on the 24th day of June, 1997 and by the Interagency Committee on the 30th day of April, 1997 and the application and supporting materials which are on file with the Grantor and the state in connection with the Project Agreement. The Grantor will not make or permit to be made any use of the real property described in this deed, or any part of it, which is inconsistent with the right to use for public outdoor recreation herein granted unless the state, through the Interagency Committee for Outdoor Recreation or its successors, consents to the inconsistent use, which consent shall be granted only upon conditions which will ensure that other outdoor recreation land of at least equal fair market value at the time of change of use and of as nearly as feasible equivalent usefulness and location for the public recreation purposes for which state assistance was originally granted will be substituted in the manner provided in RCW 43.99.100 for marine recreation land, whether or not the real property covered by this deed is marine recreation land. RCW 43.99.100 reads as follows: "Marine recreation land with respect to which money has been expended under RCW 43.99.080 shall not, without the approval of the committee, be converted to uses other than those for which such expenditure was originally approved. The committee shall only approve any such conversion upon conditions which will assure the substitution of other marine recreation land of at least equal fair market value at the time of conversion and of as nearly as feasible equivalent usefulness and location." The real property covered by this deed is described as follows: See Exhibit "A" This deed shall in no way modify or extinguish the functions of the Grantor under the Project Agreement, including the Grantor's functions to operate and maintain the land as set out in paragraph 14 of the Project Agreement. Dated this 4f-- day of 19� By: QI;72 7 �% 7— Title A ST: XATE OF WASHINGTON) : SS) COUNTY OF KING) THIS IS TO CERTIFY that on thisc:�Ray of , 19 , before me the undersigned Notary Public in and for the Sta of shington, duly commissioned and sworn, personp4ly appeared to me. This individual is known to be the _, of the that executed the foregoing deed and acknowledgecAo me tha they signe and aled 294-aVioath he free and voluntary act and deed of said stated that they were authorized to ex ute s ipdrumeht and tKkthe seal affixed is the seal of said OF 4111 el WITNESS my hand and official seal the day and year in this certificate first above written. Nota Rublic in and for the State of Washington, residing in County. M com ssion expires •�,`NNanu•••,,ht 900 �F�MASH� EXHIBIT "A" Lot(s) 25, 26, and 27, R. O. SMITH'S ORCHARD TRACTS ADDITION TO KENT, according to the plat thereof recorded in Volume 12 of Plats, page(s) 27, records of King County, Washington; EXCEPT that portion of said Lot 27, described as follows: Beginning at the Northwest corner of said Lot 27; THENCE South 89 degrees 17'25" East along the North line of said Lot 27 for a distance of 14.08 feet; THENCE South 3 degrees 30'06" East along an existing fence for a distance of 126.34 feet; THENCE North 89 degrees 17'25" West for a distance of 24.05 feet to the West line of said Lot 27; THENCE North 01 degree 01'23" East along said West Line for a distance of 126.00 feet to the Point of Beginning. SITUATE in the County of King, State of Washington. END OF EXHIBIT "A" EE Interagency Commite for WWRP - LP Project Summary ARM � RECRERTION April 30, 1997 TITLE: East Hill Park Expansion NUMBER: 97-036 A APPLICANT: Kent Parks & Rec Dept TYPE: Acquisition COSTS: EVALUATION SCORE: 67.1429 IAC $479,443.00 49% EVALUATION RANKING: 3 Local $479,444.00 50 Total $958,887.00 100% IAC MEETING DATE: 04/16/1997 DESCRIPTION: This 13.1 acre acquisition in King County expands an existing site destined to become a community park for the City of Kent's East Hill Neighborhood. LOCATION: 10434 SE 248th (between 104th Ave. S.E. and 108th Ave. S.E.) COUNTY : King LEG DISTRICT: 33 CONG DIST: 08 SCOPE (ELEMENTS): Allowable land costs PERMITS REQUIRED SITE INFORMATION: Uplands 12.57 acres Wetlands 0.54 acres LAND COMMENTS: USE RESTRICTIONS: (Blank) CONTACT: Lori Flemm LAST UPDATE: 4/30/97 (206)859-3994 \\prismdev\reports\1 resume.rpt Page: 1 Camminefor Eligible Reimbursement Activities Report ME RECRERTION Project Sponsor Project Number 97-036A Project Title East Hill Park Expansion IAC Approval Date 4/16/1997 Description Acquisition Project: Items Items Description Items Items _ pp ica a taxes Appraisal and review closing costs Hazardous substances revie Land Noxious weed control costs Recording fees Title reports/insurance I:\prismdev\reports\eligreim.rpt April 30, 1997 Page: 1 ICommittenteragencye Milestone Report by Project for flE ORRTION April 30, 1997 Project Number: 97-036 A Project Name: East Hill Park Expansion Sponsor: Kent Parks & Rec Dept Project Manager: Phil Milestone Target Date % Completed Date Reported Acquisition Complete 06/01/97 Documents Recorded 07/01/97 Final Billing to IAC 08/01/97 \\PRISMDEV\REPORTS\1 MileSto.RPT Page: 1 Co matte for ■ MION oMeWWRP Project Agreement Outdoor Recreation Account Project Sponsor Kent Parks & Rec Dept Project Number 97-036A Project Title East Hill Park Expansion IAC Approval Date 4/16/1997 Purpose of Agreement The purpose of this Project Agreement is to set out the terms and conditions under which a grant is being made from the Outdoor Recreation Account of the General Fund of the State of Washington by the Interagency Committee for Outdoor Recreation (IAC) to the Project Sponsor, for the project identified above. Description of Project The Project which is the subject of this Agreement is summarized on the attached Project Summary. Terms of Agreement The project reimbursement period shall be effective upon April 28, 1997 and terminate on August 1, 1997. Unless otherwise provided for, no expenditure made prior to the effective date or after the termination date will be eligible for reimbursement unless incorporated by written amendment into this Agreement. The Sponsor's ongoing obligation for the above project shall be perpetual unless otherwise identified in this Agreement. Project Funding Percentage Dollar Amount IAC - WWRP - LP 50 479,443.00 Project Sponsor 50 479,444.00 Total Project Cost9bb,887.00 Additional Provisions or Modifications of the General Provisions (Special Conditions) Project costs incurred prior to the execution of this agreement and consistent with IAC Waiver of Retroactivity granted November 18, 1994, are eligible for reimbursement. WWHP Project Agreement age o Outdoor Recreation Account Chapter 43.98A RCW 1:lprismdevlreportslprojagr 1.rpt Compliance with Applicable Statutes, Rules, and IAC Policies This Project Agreement shall be governed by, and the Project Sponsor shall comply with, all the applicable provisions of Chapter 43.98A RCW, chapter 286 WAC and published IAC policies and guidelines, which are incorporated herein by this reference as if fully set forth. Entire Agreement This Agreement, and all Attachments [Project Summary, Eligible Reimbursement Activities Report, and the General Provisions] comprise the entire agreement between the parties. Commitments, warranties, representations and understandings or agreements not contained, or referred to, in this Agreement or written amendment hereto shall not be binding on either party. Except as may be expressly provided herein, no alteration of any of the terms or conditions of this Agreement will be effective unless in writing and signed by both parties. Notices All written communications sent to the Project Sponsor under this Agreement will be addressed and delivered to: Name: Lori Flemm Title: Superintendent Address: 220 4th Ave. South Kent, WA 98032-5895 All written communications sent to the IAC under this Agreement will be addressed and delivered to: Interagency Committee for Outdoor Recreation Natural Resources Building P.O. Box 40917 Olympia, Washington 98504-0917 These addresses shall be effective until receipt by one party from the other of a written notice of any change. State of Washington Interagency Committee for Outdoor Recreation BY: DATE: April 30, 1997 aura c ert o nson, erector Project Sponsor BY: DATE: Title: Pre-approved as to form by Assistant Attorney General age o Pro)eCt Agreemen Outdoor Recreation Account Chapter 43.98A RCW I:\prismdev\reports\projagr2.rpt 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 fumished to the State of Washington,and that all goods fumished and/or services rendered Olympia, WA 98504-0917 have been provided without discrimination because of age,sex,marital status,race,creed, L color,national origin,handicap,religion or Vietnam or disabled veterans status. Sponsor _ BY Kent Parks&Rec Dept 220 4th Avenue South Kent WA 98032 (TITLE) (DATE) Project Number 97-036 A Invoice# Billing Period This is a Project Name East Hill Park Expansion From: To: Final Billing Total Previous IAC Approved Amount Yes[ ] No[ ] Project Expenditures This Billing Total Expenditures To Date CATEGORIES: Agreement Expenditures I Donations Total - Expenditures Donations Total IAC Adjusted ACQUISITION: --- -- - - - Land&Existing Structure $958,887.0 Incidental Costs DEVELOPMENT: Construction&Project Improvement Cost A&E Fees NOVA NON-CAPITAL: NOVA CAP EQUIP: OTHER: _ -- -- TOTAL $958,887.0 For IAG Use ONLY Donation Bank This invoice approved for payment Agreement Expenditures This Billing Sponsor: 50 % 479,444. 0Sponsor: IAC e era: - ----- --- AC e era WWRP-LP . greemen o a: 9 /° nvoice o a- 0734 97-036 A Tran Code Fund Appn Index Prog Index Sub Obj/SubSub Obj Project# Amount Invoice Number 070 922Fl- _Nr_--- - 0734 -. -- - --- ---0734- Project Manager/Date Release Final Pmt[ ] Accounting/Date Form IAC 200(Rev 12/95) Current Funding Z��G�p1CY COMM,T� o x * o °GrO001t *``` PROJECT AGREEMENT GENERAL PROVISIONS Table of Contents Section Pane 1. Headings, Definitions, and Description of Project..............................................................1 I. Performance and Requirements --General Responsibilities 2. Performance by Project Sponsor.....................................................................................2 3. Restrictions on Assignment ...........................................................................................2 4. Responsibility for Project...............................................................................................2 5. Sponsor Not Employee of the Agency.............................................................................2 6. Compliance with Applicable Laws...................................................................................2 7. Conflict of Interest .......................................................................................................3 8. Requirements of the National Park Service.......................................................................3 9. Acknowledgments and Signs.........................................................................................3 II. Funding, Reimbursements, Records, and Inspections 10. Project Funding............................................................................................................3 11. Project Reimbursements................................................................................................4 12. Non-availability of Funds ...............................................................................................4 13. Records and Reports.....................................................................................................4 14. Authority to Inspect/Right of Entry.................................................................................5 III. Acquisition and/or Development --Methods and Requirements 15. Provisions Applying to Acquisition Projects......................................................................5 16. Provisions Applying to Development Projects...................................................................5 17. Hazardous Substances..................................................................................................6 y i IV. Facility Uses and Fees 18. Restriction on Conversion of Facility to Other Uses...........................................................7 19. Use and Maintenance of Assisted Facilities......................................................................8 20. User Fees and Charges..................................................................................................8 V. Special Provisions 21. Provisions Applying to Nonprofit Project Sponsors............................................................8 22. Liability Insurance Requirements for Firearm Range Project Sponsors...................................9 VI. Remedies and Disputes 23. No Waiver by IAC/Remedies..........................................................................................9 24. Application Representations-- Misrepresentations or Inaccuracy or Breach...........................9 25. Indemnity..................................................................................................................10 26. Termination and Other Remedies..................................................................................10 27. Disputes....................................................................................................................10 28. Governing LawNenue.................................................................................................11 29. Severability ...............................................................................................................11 ii Section 2: Performance by Project Sponsor The Project Sponsor shall undertake the Project as described in this Agreement, on the Project Summary, in 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 IAC. All submitted documents are incorporated by this reference as if fully set forth herein. Timely completion of the Project is important. Failure to do so, as set out in this Agreement, is a material breach of the Agreement. Section 3: Restriction on Assignment The Sponsor shall not assign this Agreement, or the performance of any obligations to the IAC under this Agreement, or any claim against the IAC it may have under this Agreement, without the express written consent of the Director. Section 4: Responsibility for Project While the IAC 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 IAC undertakes no responsibilities to the Sponsor, or to any third party, other than as is expressly set out in this Agreement. The responsibility for the design, development, construction, implementation, operation and maintenance of the Project, as those phases are applicable to this Project, is solely that of the Sponsor, as is responsibility for any claim or suit of any nature by any third party related in any way to the Project. The Sponsor shall defend at its own cost any and all claims or suits at law or in equity which may be brought against the Sponsor in connection with the Project. The Sponsor shall not look to the IAC, or to any of the IAC's employees or agents, for any performance, assistance, or any payment or indemnity, including but not limited to cost of defense and/or attorneys' fees, in connection with any claim or lawsuit brought by any third party related in any way to the Project, including but not limited to, its design, development, construction, implementation, operation and/or maintenance. Section 5: Sponsor Not Employee of the Agency The Sponsor and the Sponsor's officers, employees and agents shall perform all obligations under this Agreement as an independent contractor and not in any manner as officers or employees or agents of the IAC. Herein all references to the Sponsor shall include its officers, employees and agents. The Sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of any kind. Section 6: Compliance with Applicable Law The Sponsor will comply with, and IAC is not responsible for determining compliance with, all applicable federal, state, and local laws, regulations, and policies, including, but not limited to: State Environmental Policy Act (under which the Sponsor shall serve as lead agency); Americans with Disabilities Act; Architectural Barriers Act (restoration and improvement projects only); Uniform Relocation Assistance and Real Property 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). The Sponsor further agrees to indemnify and hold harmless the IAC and its employees and agents from all liability, damages and costs of any nature, including but not limited to costs of suits and attorneys' fees assessed against the IAC, as a result of the failure of the Sponsor to so comply. General Provisions Page 2 of 11 Section 1: Headings, Definitions, and Description 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- Means a project agreement, supplemental agreement, intergovernmental agreement, or project contract 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, including project information forms, approved by the committee for use by applicants in soliciting project funds administered by the IAC. Committee- The Interagency Committee for Outdoor Recreation created by RCW 43.99.110. Development - The construction of facilities to enhance outdoor recreation or habitat conservation resources. Director - The director of the Interagency Committee for Outdoor Recreation IAC - The Interagency Committee for Outdoor Recreation - The agency, including the director and personnel, created by RCW 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 project information forms approved by the committee for use by applicants in soliciting project funds administered by the IAC. Sponsor- An applicant who has been awarded a grant of funds, and has an executed project agreement. (C) Description of Agreement --The purpose of this Agreement is to provide for the orderly completion of the proposal contained in the Sponsor's application for public funds administered by the IAC. To this end, the agreement which follows provides guidance to accomplish the following principal actions: (1) For the Sponsor to undertake and complete the Project in a timely manner, in accordance with the approved Project proposal and applicable laws; (2) For the 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) For the Sponsor to provide acknowledgment of the IAC's funding contribution, through signage, written recognition in printed materials, and/or in dedication ceremonies; (4) To provide for the dedication of the area or facility to the described public use and purposes, [including a deed-of-right where applicable], and to permit regular inspection by IAC; and (5) To set-forth obligations and remedies. General Provisions Page 1 of 11 Section 11: Project Reimbursements (A) Disbursement of grant monies by the IAC to the Sponsor under this Agreement shall be made in accordance with applicable statutes, rules and IAC policies, all conditioned upon proof of compliance with the terms of this Agreement by the Sponsor. The IAC reserves the right to withhold disbursement of the final ten percent 00%) of the total amount of the grant to the Sponsor until the Project has been completed and approved by the Director. A Project is considered "complete" when (1) all approved or required activities (acquisition, development, maintenance, education and enforcement, etc.) are complete, (2) on-site signs are in place (if applicable), (3) a final Project report is submitted to IAC with the Sponsor's final request for reimbursement, (4) the completed Project has been approved by the IAC, and (5) fiscal transactions are complete, (B) The obligation of the IAC to pay any amount(s) under this Agreement is expressly conditioned upon strict compliance with the terms of this Agreement by the Sponsor. (C) Sponsor must submit at least one invoice voucher a year but should not submit more than one voucher per month. A year end voucher should account for all activity up to and including June 30, the last day of the State's fiscal year. Sponsors should submit the year-end billing to the IAC not later than July 15th of each year. Final reimbursement requests should be submitted to the IAC within ninety (90) days of either completion of the Project or the termination date, whichever comes first. (D) Reimbursement for real property acquisition, either fee or less than fee interests, is based on the land values established per IAC guidelines. IAC will not reimburse for partial acquisition costs or any interest payments associated with the acquisition of real property purchased on installment. Section 12: Non-availability of Funds If amounts sufficient to fund the grant made under this Agreement are not appropriated by the Washington State Legislature, or if such funds are not allocated by the Washington State Office of Financial Management (OFM) to the IAC for expenditure for this Agreement in any biennial fiscal period, the IAC shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or OFM occurs. If the IAC participation is suspended under this section for a continuous period of one year, the IAC'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. Section 13: Records and Reports The Sponsor agrees to maintain all books, records, documents, receipts, invoices and all other electronic or written records necessary to sufficiently and properly reflect the Sponsor's contracts, contract administration, and payments, including all direct and indirect charges, and expenditures in the development and implementation of the Project. The Sponsor shall retain all records related to this Agreement and the Project funded hereunder for a period of at least seven (7) years following completion of payment of the grant under this Agreement. The Sponsor's records related to this Agreement and the Project receiving grant funds hereunder may be inspected by the IAC or its designee, or by designees of the State Auditor's Office or by federal officials authorized by law, for the purposes of determining compliance by the Sponsor with the terms of this Agreement, and to determine the appropriate level of funding to be paid under the subject grant. On reasonable notice, the records shall be made available by the Sponsor together with suitable space for such inspection at any and all times during the Sponsor's normal working day. General Provisions Page 4 of 11 The Sponsor shall promptly submit any reports required. The Sponsor shall submit a final report when the Project is completed, prematurely terminated, or financial assistance is terminated. The report shall include a final accounting of all expenditures and a description of the work accomplished. If the Project is not completed, the report shall contain an estimate of the percentage of completion, and shall indicate the degree of usefulness of the completed Project. The report shall account for all expenditures not previously reported and shall include a summary for the entire Project. Section 14: Authority to Inspect/Right of Entry The IAC or its designees reserves the right to enter and inspect any lands acquired and/or facilities developed under the terms of this Agreement. On reasonable notice, the lands and facilities within the terms of this Agreement shall be made available for entry and inspection at any time during the Sponsor's normal working day. 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) 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) When state funds are included in this Project, the Sponsor, if required by law, agrees to comply with conditionsthe terms and Uniform Relocation sition the State of Wash ngton (Chapter240, Laws of1971, 1st Ex. S ss., RCW Property 26.010s) and Chapter of 468-100 WAG (C) 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 Prior to disbursement of funds by the IAC as provided under this Agreement, the Sponsor agrees to supply evidence to the 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 the 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 the IAC for review. Review and approval by the IAC 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, the 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 the IAC. General Provisions Page 5 of 11 (D) Nondiscrimination Clause Except where a nondiscrimination clause required by the United States Department of the Interior 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 as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, age, sex, national origin, marital status, or presence of physical, sensory or mental disabilities. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated fairly during employment, without regard to their race, creed, color, age, sex, national origin, marital status, or presence of physical, sensory or mental disabilities. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to put in a conspicuous place, available to employees and applicants for employment, notices to be provided by the contracting officer, setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by, or on behalf of, the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, age, sex, national origin, marital status, or presence of physical, sensory, or mental disabilities. (3) The contractor will send to each labor union or representative or workers with which the contractor has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the said labor union or workers' representative of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will include the provisions of the foregoing paragraphs in every subcontract exceeding $10,000, so that such provisions will be binding upon each such subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the IAC or the Director may direct as a means of enforcing such provisions, including sanctions for noncompliance. Section 17: Hazardous Substances duct an ntal udit of the proosed on (A) The Sonsor shall site for the presence sof hazardous substancespect, investigate, and nand certify that no ahazardous ub tances were fo 'und�on the site. (B) Nothing in this provision alters the Sponsor's duties and liabilities regarding hazardous substances as set forth in Chapter 70.105D RCW. General Provisions Page 6 of 11 Section 19: Use and Maintenance of Assisted Projects The Sponsor shall operate and maintain, or cause to be operated and maintained, any property or facilities which are the subject matter of this Agreement as follows: (A) The property or facilities shall be maintained so as to appear attractive and inviting to the public. (B) All facilities shall be built and maintained in accordance with applicable federal, state, and local public health standards and building codes. (C) The property or facilities shall be kept reasonably safe for public use. (D) All IAC assisted improvements shall be kept in reasonable repair throughout their estimated lifetime, so as to prevent undue deterioration that would discourage or prevent public use. (E) The facility shall be kept open for public use at reasonable hours and times of the year, according to the type of area or facility. (F) The property or facility shall be open to everyone without restriction because of race, creed, color, age, sex, national origin, marital status, presence of physical, sensory or mental disabilities, or residence of the user. (G) The Sponsor agrees to operate and maintain the facility in accordance with all applicable federal, state, and local laws and regulations. Section 20: User Fees and Charges User, or other types of fees may be charged at the Project site or in connection with the Project described by this Agreement, provided that the fees and charges are commensurate with the prevailing range of public fees and charges within the State for the particular activity involved. Reasonable differences in admission and other fees may be maintained on the basis of residence. Fees charged to nonresidents may not exceed twice that charged to residents. Where there is no charge for residents but a fee is charged to nonresidents, nonresident fees cannot exceed fees charged for residents at comparable federal, state or local public facilities. Unless precluded by state law, all revenues from fees and charges which exceed the costs for operation and maintenance of the area from which they were collected must be deposited in a capital reserve fund identifiable within the Sponsor's official annual budget(s), for future acquisition, development, redevelopment or renovation of facilities or property at the assisted Project site. Such funds may not be used for operation and maintenance of other facilities. Section 21: Provisions Related to Nonprofit Project Sponsors The Sponsor agrees to maintain the nonprofit or not-for-profit organization status, including registering with the Washington Secretary of State and the United States Internal Revenue Service throughout the Sponsor's obligation to the Project as identified in this Agreement. Should the Sponsor fail to operate the assisted facility due to insolvency, government order, lack of operating and maintenance funds, or any other reason, the Project will be considered converted and subject to all remedies available to the IAC. General Provisions Page 8 of 11 (C) "Hazardous substance" means "hazardous substance" as defined in RCW 70.105D.020(5). "Hazardous Substances" shall be interpreted broadly to include, but not be limited to, any hazardous, toxic or dangerous waste, substance, material, pollutant or contaminant, as defined in or regulated now or in the future by the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. -- 9601 et seq., the Resource Conservation Recovery Act ("RCR"), 42 U.S.C. -- 6901 et seq., the Safe Drinking Water Act, 42 U.S.C. -- 300(f) It seg., the Toxic Substances Control Act, 15 U.S.C. -- 2601 at seq., the Washington State Model Toxics Control Act, RCW Ch. 70.105, any so-called "superfund" or "superlien" law, and any other federal, state, or local law, regulation, biph nyis�(PCBorder petroleum common and petroleum-based derivatives,atives, and limitation, urea formaldehyde. or e polychlorinated (D) The Sponsor will defend, protect and hold harmless IAC 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 presence of, or) and the release nd all loss of or threatened releaserof from hazardous substan and all cms or es es on the property tbeing the acquired. Section 18: Restriction on Conversion of Facility to Other Uses The Sponsor shall not at any time convert any real property acquired or any facility developed pursuant to this Agreement to uses other than those purposes for which assistance was originally approved, without the approval of the IAC, in compliance with applicable statutes, rules, and IAC policies as identified in this Agreement. It is the intent of the IAC conversion policy that all lands acquired and all lands developed with funding assistance from the IAC remain in the public domain in perpetuity unless otherwise identified in the Agreement. By IAC policy and federal law a conversion may occur when any of the following situations happen: (A) Property interests are conveyed for non-public outdoor recreation or habitat conservation uses; (B) Non-outdoor recreation or habitat conservation uses (public or private) are made of the Project area, or portion thereof; (C) Non-eligible indoor recreation facilities are developed within the Project area without prior approval of the IAC; or (D) (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) A major change in scope, per the Agreement, without prior approval of the IAC. When approved by the Committee or the Director, certain elements can be deleted from the terms of the executed Agreement without triggering a conversion or requiring replacement by the Sponsor of similar facilities. The deletions may happen when it is determined that the elements are not needed or are unable to be retained for public use due to one or more of the following conditions: - Obsolescence - Extraordinary Vandalism - Acts of Nature -They have reached the limits of their expected life span General Provisions Page 7 of 11 Section 25: Indemnity The Sponsor, its successors or assigns, will protect, save, and hold harmless the IAC, its authorized agents and employees, from all claims, actions, costs, damages, or expenses of any nature whatsoever by reason of the acts or omission of the Sponsor, its assigns, agents, contractors, licensees, invitees, employees, or any person whomsoever, arising out of or in connection with any acts or activities of the Project. The Sponsor further agrees to defend the IAC, its agents or employees in any litigation, including payment of any costs or attorneys' fees, for any claims or actions commenced arising out of or in connection with acts or activities of the Project. This obligation shall not include such claims, costs, damages, or expenses which may be caused by the sole negligence of the IAC or its authorized agents or employees; Provided that if the claims or damages are caused by or result from the concurrent negligence of (a) the IAC, its agents or employees and (b) the Sponsor, its agents or employees, and involves those actions covered by RCW 4.24.115, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Sponsor or its agents or employees. Section 26: Termination and Other Remedies The IAC may require strict compliance by the Sponsor with the terms of this Agreement including, but not limited to, the requirements of the applicable statutes, rules and IAC policies which are incorporated into this Agreement, and with the representations of the Sponsor in its application for a grant as finally approved by the IAC. The IAC, or the Director, may suspend, or may terminate, the IAC's obligation to provide funding to the Sponsor under this Agreement: (A) In the event of any breach by the Sponsor of any of the Sponsor's obligations under this Agreement; or (B) If the Sponsor fails to make progress satisfactory to the IAC or the Director toward completion of the Project by the completion date set out in this Agreement; or (C) If, in the opinion of the IAC or the Director, the Sponsor fails to make progress necessary to complete any other project assisted with grant funds from the IAC within the completion date set out by agreement with the IAC for that project. In the event this Agreement is terminated by the IAC, or 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 IAC may require that any amount paid be repaid to the IAC for redeposit into the State Account from which the funds were derived. The Sponsor understands and agrees that the IAC 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 the IAC. No remedy available to the IAC shall be deemed exclusive. The IAC may elect to exercise any, any combination, or all of the remedies available to it under this Agreement, or under any provision of law, common law, or equity. Section 27: Disputes When a bona fide dispute arises between the IAC or its Director and the Sponsor which cannot be resolved between those parties, the parties may agree that the disputes process set out in this section shall be used prior to any action being brought in court. Either party may request a disputes hearing hereunder. The request for a disputes hearing must be in writing and clearly state: (a) the disputed issues; (b) the relative positions of the parties regarding those issues as then understood by the requesting party; (c) the Sponsor's name, address, Project title, and the IAC's 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. General Provisions Page 10 of 11 Section 22• Liability Insurance Requirements for Firearm Range Project 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 the IAC and its members as additional insureds and shall be in a form approved by the Committee or its 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 the 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 the IAC. (E) By this requirement, the 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 23: No Waiver by IAC/Remedies Waiver by the IAC of any default or breach shall not be deemed to be a waiver of any other or subsequent default or breach and should not be construed to be a modification of the terms of the Agreement unless stated to be such in writing by the Director, or his or her designee. The IAC does not waive any of its rights or remAgredies under or is Agreement exercise n hanydright basedtupon insist b each on coft his Agreement erformance of any of the terms of this Section 24: Application Representations --Misrepresentation or Inaccuracy a Breach The 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. Page 9 of 11 General Provisions 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 upon, the third person shall be chosen by the chairperson of the IAC. 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 upon written material if the parties so agree. The disputes panel shall be governed by the provisions of this Agreement in deciding the disputes. The parties shall be bound by the decision of the disputes panel, unless the remedy directed by that panel shall be without the authority of either or both parties to perform, as necessary, or is otherwise unlawful. Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party. The request shall be delivered or mailed within thirty (30) days of the date the requesting party has received notice of the action or position of the other party which it wishes to dispute. The written agreement to use the process under this section for resolution of those issues shall be delivered or mailed by the receiving party to the requesting party within thirty (30) days of receipt by the receiving party of the request. All costs associated with the implementation of this process shall be shared equally by the parties. Section 28: 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 the Superior Court in and for Thurston County. Section 29: Severability If any provision of this Agreement or any provision of any law, rule or document incorporated by reference into this Agreement, shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which legally can be given effect without the invalid provision. To this end the provisions of this Agreement are declared to be severable. -- END -- General Provisions Page 11 of 11