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HomeMy WebLinkAboutPW07-371 - Original - WA State Recreation and Conservation Office - Salmon Recovery Funding Board (SRFB): Riverview Park Restoration - 12/07/2007ecords M em KENT DocumentWasBtNcroN CONTRACT COVER SHEET This is lo be completed by the Contrqct Monoger prior to submission to City Clerks office. All portions ore to be compleled, if you hove questions, pleose contocl City Clerks Office. Vendor Nqme:il)A ST SPF6 Vendor Nu mber: JD Edwords Number Controct Numb ftr)07- 3,7 I This is ossigned by Deputy City Clerk Description; Solmon Recovery Fundinq Boord (SRFB) Proiect Aqree.ment for Riverview Pqrk Delqil: proiect Aoreement is between lhe Stole SRFB ond the Citv of Kent for the cilv lo ulilize o S150.000 SRFB Gront for lhe Riverview Pork Reslorotion Proiecl Project Nqme: Riverview Pork Reslorqtion Controct Effeclive Dote: 12/7 /2007 Terminqtion Dole: 1/1/2016 Contrqct Renewol Nolice (DoYs):NA Number of doys required notice for terminotion or renewol or omendment Controcl Monoger: Alex Murillo Deporlment:PW Enoin no - Environme Abslroct: S:Public\RecordsMonogemenl\Forms\ConlroclCover\ADCLZ832 07 I 02 ' Salmon Project Agreement Salmon Funding Accounts Project Sponsor: Project Title: A. B. tJ. City of Kent Riverview Park Restoration Project Number: Approval Date: 06-21 90R 121612006 C. DESCRIPTION OF PROJECT The subject Project is described on the attached Project Summary' D. TERMOFAGREEMENT The project Sponsorls ongoing obligation for the above project under this Agreemel! is to provide maintenance of the s1e or facility to serve tne'purf,ose fir which it was intendei for a minimum of five (5) years' or more as specified in the Landowner Agreemeni, "tt", the final payment unless the site or facility is rendered unusable for the purpose it was intended bY an act of nature. PARTIES OF THE AGREEMENT fnis eropct Crant ngr""rnept lRgreement) is entered into between the Salmon Recovery Funding Aoar! (S!f a)' p.O. eoi 4Og17,Ofympia, Wadni-ngton 9S50+0917 and City of Kent, 220 Fourth Ave S, Kent, WA 98032-5895 tsponsoO anO shaliOe binding upo=n the agents and all persons acting by or through the parties. PURPOSE OF AGREEMENT This Agreement sets out the terms and conditions by which a grant !9 m_ade from the Salmon Funding Accounts of the State o-f Washington,s General Fund. The grant is a-dministered by the SRFB to the Sponsor for the project named above. PERIOD OF PERFORMANCE The project reimbursement period shall begin on May 1,2007 .and end on January '1 ,2011. No expenditure made Uetore or after this perioJ is btigiOt" for reimibursement unless incorporated by written amendment into this Agreement. PROJECT FUNDING The totat grant award provided by the SRFB for this project shall n^ot exceed $150,000.00. The SRFB shall not pay anv amoint oeyond tnat appioveo ior runoing of the'project. The sponsor shall be responsible for all total project costs that exceed this amojnt. The contribut]on by the Sponsor toward work on this project at a minimum shall be as indicated below: percentage Dollar Amount E. F SRFB - Salmon State Proiects Project Sponsor Total Projecf Cost 10.00% 90.00% $150,000.00 $1,350,000.00 100.00% $1,500,000.00 RIGHTS AND OBLIGATIONS All rights and obligations of the parties to this Agreement are subject to this Agreement and. its. attachments, including the Siponsor's npFtication, pioject Summary, ft-igiOte Reimbursement Activities Report, Project Milestones, and the General Provisions, all of whiih 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 pio"iiuO ]ri writing. All such alterations, exceft those concerning the period of performance, must be signed by both j:arties. Period oiperformance extensions need only be signed by RCO's Director. The Sponsor has read, fully understands and agrees to be bound by all terms and conditions as set forth in these documents. Salmon Proiect Agreement Chapter 77.85 RCW, Chapter 286 WAC PROJAGR,RPT Salmon Funding Accounts Page 1 ol 2 L. H. COMPLIANCE WITH APPLICABLE STATUTES. RULES. AND RCO POLICIES This Agreement is governed by, and the Sponsor shall comply with, all applicable state .and federa! laws.and regutaiions, inctudiig chapter ?z.as Rcw, chapter 286 wAi 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 applicant must include the following design elements: 1. flaring the inleVoutlet to mimic a more natural channel rorm; Z-incorporating LWD and othei habitat features into the wetted perimeter; 3. providing a varied channelwidth to provide channel complexity. The applicant should strive to include the following design elements: 1. include a terraced channel cross section that is more natural, and supportive of a bload rlparian plant community; 2. continue to consider scalping the entire floodplain area to'the west of the proposed channel. Use the mature cottonwood trees as restoration material (iive boles can be planted horizontally or placed in channel, rootwads can be replanted, provided they are stored properly). Cooidinate with SRFB staff during planning and design phase' J. FEDERAL FUND INFORMATION (none) K. PROJECT GRANT AGREEMENT REPRESENTATIVE All written communications sent to the Sponsor under this Agreement will be addressed and delivered lo: Project ContactName: Alex Murillo Title: ENVIRONMENTAL ENGINEERING SUPE Address: 220 Fourth Ave S Kent, WA 98032 SRFB Recreation and Conservation Office Natural Resources Building PO Box 40917 Olympia, Washington 98504091 7 www.rco.wa.gov/srfb/ L. These addresses shall be effective until receipt by one party from the other of a written notice of any change. ENTIREAGREEMENT This agreement, along with all attachments, constitutes the entire agreement of the parties. No other understandings, oral oiotherwise, regirding this Agreement shall exist or bind any of the parties. M. EFFECTIVEDATE This agreement, for project #06-2190R, shall be effective upon signing by all parties' STATE OF WASHINGTON REGREATION AND CONSERVATION OFFICE BY:c tu t/q I )DATE:a-- Laura E. Johnson, Director PROJECT SPO TITLE: rL/zDATE Pre-approved as to form: /s/ Assistant AttorneY General Salmon Proiect Agreement Chapter 77.85 RCW, Chapter 286 WAC PROJAGR.RPT Salmon Funding Accounts Page 2 ol 2 [2urag7c1 ^Lommtttcc Jor TITLE: Riverview Park Restoration SPONSOR: CitY of Kent COSTS: Salmon State Proiects Local Total Salmon . oqram State Recovery Proiects Post-Eval uation Project Summary O|JIIOOR RIIREflIIOII NUMBER: STATUS: 06-21 90R Board Funded (Restoration) $150,000 $1,350,000 10o/o 90% EVALUATION SCORE BOARD RANKING: SPONSOR MATCH: Appropriation \ Cash Cash Donations $1,500,000 100% DESCRIPTION: The project request is to complete design plans and permitting forihe Riverview Park Restoration project. The project witt prouiOe summer rearing habitai and high flow winter refuge for salmon through creation.of ? -n-ew bff-tnannet'area from the main stJm of the LoweiGreen River and just downstream from the mouth of Mill creek (Lower Mill Creek - Auburn). lmprovements include the placement of large woody d_ebris, spawning gravel, and iiparian plantings (a maintenance bridge over the channel will be separated from SRFB funds). The project is a Green Duwamish'Ecosystem Restorat]on Project (GDERP) and is consistent with the WRIA 9 Salmon Conservation and Recovery Strategy. As stated in the Salmbn Habitat Plan, the project is a top tier priority action and is located within a priority are" iinc" the project provides much needed salmon habitat and refuge in a key reach of the Green River and the mouth of Lower MitiCreef. As the local sponsor, the City of Kent is working closely with the US Army Corps of Engineers to complete the project, with plans currently at a 657o design level. Design comments provided by tire SRFdreview panelind the WntA 9 project evaluation group will-be incorporated into the final plans. A grant from SRFB will be used as part of the City's co-st share for the project. lf the project is selected for funding, a grant from SRFB must come from state funds due to the federal government's participation through the GDERP. LOCATION INFORMATION City of Kent ST SALMON REGION: COUNTY: Puget Sound Central Kins LEAD ENTITY ORG: WRIA 9 LE (King County) WRIA: Green/Duwamish(9) GOAL & OBJEGTIVE: The goal of the project is to connect isolated freshwater in-stream habitat to increase the range and distribution of salmon. The objective of the project is to increase access to freshwater in-stream side channels, oxbows, and other channels. SALMON INFORMATION: (* indicates primary) Snecies Taroeted BullTrout Chinook (Listed, Threatened (03/99)). Chum (Not Warranted (03/98)) Habitat Factors Addressed Biological Processes Channel Conditions* Floodplain Conditions Cutthroat (Not Warranted (04/99)) Pink Steelhead (Not Warranted (08/96)) Loss of Access to Spawning and Rearing Habitat Riparian Conditions Water Quality FISCAL YEAR:DATE PRINTED: AUqUSt 2'2007 lPAPSUMT.RPT 2007 Riverview Park Restoration --\ -\.i El igrole Reimbursement Activities Report OUIIOOR RE[flERTIOlI Project Sponsor: Project Title: City of Kent Riverview Park Restoration Project Number: 06-2190 R Approval: 121612006 Restoration ltems #1, Riverview Park Restoration #1, Riverview Park Restoration #1, Riverview Park Restoration #1 , Riverview Park Restoration #1, Riverview Park Restoration #1, Riverview Park Restoration #1 , Riverview Park Restoration #1 , Riverview Park Restoration Element development Bank stabilization Off-channel habitat Other Riparian plant installation Spawning gravel placement Woody debris placement Sales Tax Item Architectural & E ln-Stream Habitat ln-Stream Habitat ln-Stream Habitat ln-Stream Habitat ln-Stream Habitat ln-Stream Habitat Sales Tax Unit Lump Sum Linear fi Acres Lump sum scft Sq yds Each Luinp Sum 1.00 1,600.00 3.00 1.00 14,000.00 1,400.00 20.00 1.00 lncludes material under the OHWM thru the channel middle lncludes channel excavation and disposal Bridge across channel for maintenance access lncludes irrigation About one-foot thickness Placed in the channel bottom ELIGREIM.RPT August 2,2007 Page: tlirsrlrt "L0mmtttce lor OIJIIOOR REIRERTIOII Milestone Report BY Project Project Number: Project Name: Sponsor: Project Manager: 06-2190 R Riverview Park Restoration Kent City of Mike Ramsey Executed design agreement05t0112007Proiect Start 02t0112008Applied for Permits 0210112008A&E Plans Submitted 07t1512008Annual Project Billing 07t15t2009Annual Project Billing 0610112010IBid Awarded/Consultant Hired 07t01t2010Construction StartedI 07t2712010Annual Project Billing 09t01t2010Construction ComPleteI 01t0112011IProject Complete 03t0112011Monitor/Steward Plan Submitted 03t0112011Final DocsiBilling to Mgmt AgY 12t0112011SpecialConditions Met X Milestone Date Comm on X = Milestone Complete ! = Critical Milestone lMILESTO.RPT Ausust 02,2007 Page: RECRE4TTON AND CONSERVATION OFFICE Agency Name Sponsor City of Kent 220 S Fourth Ave Kent, WA 98032-5895 FORM A-1.9 State of Washington ll\ CE VOUCHER sponsor's certificate. I hereby certify under penalty of perjury that the items and totals listed herein are proper charges for materials, merchandise or services 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, color, national origin, handicap' religion or Vietnam era or disabled veterans status. BY orTLE)(DATE) Recreation and Conservation Office P.O. Box 40917 Olym wA 9850+0917 This is a Final Billing? Yes[ ] No[ ] lnvoice # 1 Billing Period To:From:Project Project Number Name 06-2190 R Riverview Park Restoration Costs For This BillinqPrevious Expenditures To Date Total Non-Reimbursable MatchTotalExpenditures Non-Reimbursable Match Project Aoreement ExpendituresCATEGORIES: $0.00 $0.00$1 ,310,000.00Construction $0.00$190,000.00A&E $0.00$1,500,000.00Development Total $0.00$1,500,000.00 FUNDING & EXPENDITURE FORMULA For RCO Use ONLY Previous RCO Reimbursements TotalBilled$1,350,000.00Sponsor: Agreement lnformation 90.00% Share BilledRCO Federal: Share Approved$150,000.0010.00%RCO: SALMON STPROJ Advance Balance Match Owed Balance Share Retained Share Paid Match Bank$1,500,000.00100.00%Agreement Total: Vendor MessageVendor NumberRef Doc#Current Doc. No.Doc Date 06-2190 Rswvo000552-00 lnvoice #AmountProiect #Sub Ob/SubSub ObjProq lndexFundAppn lndexTran Code 1NZ981 03o57H02210 Certification For PaYment Accountinq/DateDivision Supervisor/DateRelease Final Pmt []Proiect Manaoer/Date l INVOICE.RPT 8 t212007 Current Funding Press Release TemPlate City of Kent offered grant to restore land for salmon recovery. (Kent) - City of Kent was awarded a grant of $150,000.00 from the Salmon Program..The grant was iwardeO Oy tne Salmon Recovery Funding Board (SRFB), and will be used for the following: Kent will use this grant to complete plans and permitting for restoring Riverview Park to provide summer r6aring habitit and winter refuge for salmon. The restoration work will include creating an off-ihannelarea from thb main stem of the lower Green River just downstream fr6m the mouth of MillCreek and placing large woody debris, spawning gravel and riparian plantings. The project is a top priority because it provides needed salmon habitdt and refuge i-n a key ieabn of the Green River and the mouth of Lower Mill Creek' Kent will contribute $1.3 million in cash and cash donations' There were one hundred sixteen applications submitted for consideration in the Salmon Program. Each project went through an evaluation'process prior to bejng Fcglmended for funding. The SRFB Board apfroved funding for projects on Wednesday, December 6, 2006. Funding for the Salmon Program comes from salmon recovery appropriations by th.e Washington State f-egiifiiur" and the US Conlress. City of Kent will leverage local contributions totaling $1,350,000.00 wit"n grant monies to implemint the prirject. Total estimated project cost is $1,500,000.00. SRFB is the state's administrator of the grant program. Contact Alex Murillo, (253) 856-5528 (sponsor project manager) Mike Ramsey, (360) 902-2969, michaelr@rco.wa.gov (SRFB project manager) General Provisions Table of Gontents A. Heading and Definitions Sectionl. HeadingsandDefinitions............... B. Performance and Requirements (General Responsibilities) Section2. PerformancebySponsor.......................... Section 3. Assignment Section4. ResponsibilityforProject.......................... Section 5 lndemnification Section 6. lndependent Capacity of the Sponsor Section 7. Conflict of lnterest... SectionB. AcknowledgmentandSigns............... C. Compliance with Laws, Records, and lnspections Section 9. Compliance with Applicable Law ....... Section 10. Records Maintenance......................... Section 1 1. Access to Data ................ Section 12. Treatment of Assets Section 13. Right of lnspection Sectionl4. StewardshipandMonitoring............... Sectionl5. DebarmentCertification D. Funding, Reimbursements Section 16. Project Funding Section l T. Project Reimbursements Section 18. Advance Payments...............;...... Section 19. Non-availability of Funds Section 20. Recovery of Payments ........:.......... Section 21. Covenant Against Contingent Fees.......'... E. Acquisition and/or DevelopmenURestoration Section 22. Provisions Applying to DevelopmenVRestoration Projects................. Section 23. Provisions Applying to Acquisition Projects... Section 24. Hazardous Substances ...'....'...'...'.. F. Facility Uses and Fees Section 25. Restriction on Conversion of Facility to Other Uses.."'...'.. Section 26. Construction, Operation, Use and Maintenance of Assisted Projects Section 27. lncome and lncome Use............ Section 28. Preferences for Residents.. G. Special Provisions Page 1 .2 .2 .2 .2 .2 .2 .3 .3 .4 .4 .4 .4 .5 .5 .5 .5 .5 .6 .6 .6 .6 .7 .7 8 o I I Section 29 Section 30 Section 31 Provisions Related to Non-Profit or NotFor-Profit Sponsors........' Liability lnsurance Requirements for Firearm Range Sponsors..... Requirements of the National Park Service ................ 10 10 10 H. Remedies and Disputes Section 32. Order of precedence Section33. Amendments............... Section 34. Section 35. Section 36. Section 37. Section 38. Section 39. Section 40. Section 41. Section 42. Limitation of Authority. Waiver of Default... Application Representations-Misrepresentations or lnaccuracy or Breach Termination and Other Remedies Termination for Convenience Dispute Hearing...... Attorneys' Fees........... Governing LawA/enue Severabi1ity............................ April15,2002- Page 1 General Provisions SECTION 1. HEADINGS AND DEFINITIONS A. Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of this Agreement. B. Definitions. As used throughout this Agreement, the following terms shall have the meaning set forth below: Acquisition - The gaining of rights of public ownership by purchase, negotiation, or other means, of fee or less than fee interests in real property. Aqreement - The accord accepted by all parties to the present transaction; the Agreement, supplemental agreement, intergovernmental agreement, monitoring plan, and/or a landowner agreement between the Funding Board and a Sponsor- Apolicant - Any agency or organization that meets the qualifying standards, including deadlines, for submission of an application soliciting a grant of funds from the Funding Board. Application - The forms and support documents approved by the Funding Board or its Director for use by applicants in soliciting project funds administered by the Office. Asset - Equipment purchased by the Sponsor or acquired or transferred to the Sponsor for the pl,rpore oi tnis Agreement. This definition is restricted to non-fixed assets, such as vehicles, computers or machinery. Contractor - shall mean one not in the employment of the Sponsor who is performing all or part of the eligible activities for this projects under a separate Agreement with the Sponsor. The term "Contractor" and "Contractors" means Contractor(s) in any tier' DeveloomenVRestoration - The construction, renovation, redevelopment, or installation of facilities to provide for outdoor recreation or natural resources: Director - The Office Director or the Director's designee. . Fundinq Board - As identified in Paragraph A in the Agreement ps either the (1) lnteragency Commtttee for Outdoor Recreation (lAC) - The cognmittee created under Chapter 79A.25.110 RCW 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 ai iarge who have demonstrated interest in and a general knowledge of outdoor recreation in the state; (2) Salmon Recovery Funding Board (SRFB) - The Board created under Chapter 77.85.110 RCW, is comprised of five governor-appointed voting members (one a cabinet-level appointment) and five non-voting state officials: the Commissioner of Public Lands, the Secretary of Transportation, the Director of the Conservation Commission, the Director of Fish and Wildlife, and the Director of Ecology(or their designees); or (3) Hatchery Scientific Review Group (HSRG) - The independent Board estabtisned by Congress to ensure hatchery reform programs in Puget Sound and Coastal Washington are scientifically founded and evaluated. Office - Office of the lnteraoency Committee - The Office provides support to the lAC, SRFB, and HSnC. ffre OtficJincludes the Director and personnel, created by Chapters 79A.25.110 and 79A.25.150 RCW and charged with administering this Agreement by Chapters 77.85.110 and 79A.2s.240 RCW. Landowner Aoreement - A landowner agreement is required between a Sponsor and landowner for prolects tocated on land not owned, or otherwise controlled, by the Sponsor for salmon recovery projects. Milestone - lmportant date(s) tracked in the Agreement for monitoring the Project status. period of Performance - The time period specified in the Agreement, under Section E, Period of Performance. post Evaluation Summarv - One of the documents used to summarize and describe the actions untaken in the Agreement. proiect - The undertaking that is the subject of this Agreement and that is, or may be, funded in wnole or in part with funds administered by the Office on behalf of the Funding Board. gponsor - The applicant who has been awarded a grant of funds and is bound by this executed Agreement; includes its officers, employees and agents. April 15, 2002 - page2 General Provisions SECTION 2. PERFORMANCE BY THE SPONSOR The Sponsor shall undertake the Project as described in this Agreement, post Evaluation summary, thesponsor's application, and in accordince.with the sponsor's proposed goals and objectives described inthe application or documents submitted with the application, ir as finally approved by the Funding BoardAll submitted documents are incorporated by this i"r"r"nce ar if fully sj tcirin nerein. The order ofPrecedence is covered in Section 26. Timely completion of the- Project is important. Failure to do so, as set out in this Agreement, is a materialbreach of the Agreement. SECTION 3. ASSIGNMENT Neither this Agreement, nor any claim aflsing. under this Agreement, shall be transferred or assigned bythe Sponsor without prior written "onsent of ihe funOing e;; SECTION 4. RESPONSIBILITY FOR PROJECT while the Funding Board undertakes to assist the sponsor with the project by providing a grant pursuantto this Agreement, the Project itself remains the sole responsibitity of thb sponioi. ine Funding Boardundertakes no responsibilities to the sponsor, or to "nv initJp"rty, other pran as is expressly set out inthis Agreement. The responsibility for ihe implementation of tiie erolect, as those phases are appticableto this Project, is solely that of the sponsor, as is responsibitity for any ir"ir oiirit of any nature by anythird party related in any way to the Froject. SECTION 5. INDEMNIFICATION To the fullest extent permitted by the law, the sponsor expressly agrees to and shall indemnify, defendand hpld harmless the state and its agencies, officials, asients ano employees from and against allclaims, actions, costs, damages, or eipenses of any natrire arising out of or incident to the sponsor,s orany contractor's performance or failure to perform {'he Agreement. sponsor,s obligation to indemnify,defend and hold harmless also includes any claim by sp6nsor's agents, employees, representatives orany contractor or its employees. sponsor's obligation to oeieno iniludes p"vrlni of "ny costs orattorneys'fees. Sponsor's obligation shall not inilude such claims that may be caused by the solenegligence of the State and its agencies, officials, agents, anJ emptoyee". tf tne claims or damages arecaused by or result from the concurrent negligence 6t 1a1in" biate, its agents or emptoyees and (b) thesponsor, its contractors, agents, or employe-s, this iniemnity provision shall be valid and enforcebbleonly to the extent of the negtigence of the Sponsor or its contiactors, agents, or employees. The sponsorexpressly agrees to waive his/her immunity under Title 51 RcW to the extent required to indemnify,defend, and hold harmless the State and its agencies, officiais, agents or employees. SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR The sponsor and its em?]oy99: or agents performing under this Agreement are not emptoyees or agentsof the Funding Board or the-office. The sponsor will not hold itself out as nor claim to be an officer oremployee of the Office or of the state of Washington oy reason nereof, nor will the Sponsor make any 11'.T of right, privilege or benefit which would aicrue to an emftoyee under chapter! 41.06 or 2g8.16RCW. The.sponsor is responsible.for withholding and/or paying employment taxes, insurance, or deductions ofany 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, the office may, in itssole discretion, by written notice to the Sponsor terminate this Agreement if it is found after due noticeandexamination by the office that there is a violation of the Ethiis in public service Act, chapte r 42.s2lcw; or any similar sta.tyJg involving the Sponsor in the procurement of, or performance under thisAgreement' ln the event this Agreement is ierminated as provided above, the Office shail be entifled topursue the same remedies against the Sponsor as it could pursue in the event of a breach of the April 15, 2002 - Page 3 General Provisions Agreement by the Sponsor. The rights and remedies of the Office 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 the Office makes any determination under this clause shall be an issue and may be reviewed as provided in the "Disputes Hearing" clause of this Agreement. ln the event this Agreement is terminated as provided above, the Funding Board or the Office 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 the Funding Board or the Office 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 the Funding Board or the Office makes any determination under this ' clause may be reviewed as provided in the "Disputes" clause of this Agreement. SECTION 8. ACKNOWLEDGMENT AND SIGNS A. 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, unless exempted in Funding Board policy or waived by the Director. C. Ceremonies. The Sponsor shall notify the Office no later than two weeks before a dedication ceremony for this Project. The Sponsor shall verbally acknowledge the program's funding contribution at all dedicdtion 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 shallclearly state: 1. The percentage of the total costs of the Project that is financed with federal money; 2. The dollar amount of federal funds for the Project; and 3. The percentage and dollar amount of the total costs of the Project that is financed by nongovernmental sources. SECTION 9. COMPLIANCE WITH APPLICABLE LAW The Sponsor will implement the Agreement in accordance with applicable federal, state, and local laws and regulations. The Sponsor shall comply with, and the Office 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; lndustrial lnsurance Coverage; Architectural Barriers Act; permits (shoreline, Hydraulics Project Approval, demolition); land use regulations (comprehensive areas ordinances, Growth Management Act); federal and state safety and health regulations (Occupational Safety and Health AdministrationMashington lndustrial Safety and Health Act); and Buy American Act. The Sponsor shall comply with all applicable federal, state, and local nondiscrimination laws and/or policies, including but not limited to, the Americans with Disabilities Act; Civil Rights Act; and the Age Discrimination Act. ln the event of the Sponsor's noncompliance or refusal to comply with any nondiscrimination law or policy, the Agreement may be rescinded, cancelled, or terminated in whole or in part, and the Sponsor may be declared ineligible for further grant awards from the Funding Board. The bponsor is responsible for any and all costs or liability arising from the Sponsor's failure to so comply with applicable law. 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. April 15, 2002 - Page 4 General Provisions No part of any funds provided under this grant shall be used to pay the salary or expenses of anySponsor, or agent acting for such Sponsor, related to any activity designed to influence legislation orappropriations pending before the U.s. congress or any state legislature. For habitat restoration projects funded in part or whole with National Marine Fisheries Service funding,Sponsor shall not commence with clearing of riparian trees or in-water work unless and until an ESAconsultation is completed and delivered by National Marine Fisheries Service to the Sponsor. Violation ofthis paragraph shall not be the basis for any enforcement responsibility by the lAC. SECTION 10. RECORDS MAINTENANCE The Sponsor shalt maintain books, records, documents, data and other evidence ielating to thisAgreement and performance of the services described herein, including but not limited to accountingprocedures and practices which sufficiently and properly reflect all direct and indirect costs of "ny nitureexpended in the performance of this Agreement. Sponsgr shall retain such records for a period of sixyears following the date of final payment. At no additional cost, these records, including materialsgenerated under the Agreement, shall be subject at all reasonable times to inspection, review or audit bythe office, personnel duly authorized by the office, the Office of the State Auditor, ano feoeral and stateofficials so authorized by law, regulation or agreement. lf any litigation, claim or audit is started before the expiration of the six (6) year period, the records shallbe retained until all litigation, claims, or audit findings involving the recordshave been resolved. SECTION 11. ACCESS TO DATA ln compliance with chapter 39.29 RCW, the Sponsor shall provide access to data generated under thisAgreement to the Office, the Joint Legislative Audit and Review Committee, and th"e State Auditor at noadditional cost. This includes access to all information that supports the findings, conclusions, andrecommendations of the Sponsor's reports, including computer models and methodology for thosemodels. SECTION 12. TREATMENT OF ASSETS A. Assets shall remain in the possession of the Sponsor for the duration of the project or program. Whenthe Sponsor discontinues use of the asset(s) for the purpose for which it was funoed, the office willrequire the Sponsor deliver the asset(s) to the Office, dispose of the asset according to agencypolicies, or return the fair market value of the asset(s) to ine office. Assets shall be useo onty ior thepurpose of this Agreement, unless otherwise provided herein or approved by the Office in writing. B. The Sponsor shall be responsible for any- loss or damage to assets which results from the negligenceof the Sponsor or which results from the failure on the part of the Sponsor to maintain and administerthat property in accordance with sound management practices. SECTION 13. RIGHT OF INSPECTION The Sponsor shall provide right of access to its facilities to the Office, or any of its officers, or to any otherauthorized agent or official of the state of Washington or the federal government, at all reasonable iimes,in order to monitor and evaluate performance, compliance, and/or quLtity assurance under thisAgreement. lf a Landowner Agreement has been executed, it may further stipulate and define the Funding Board andthe Office's right to inspect and access lands acquire-d or developed with Funding Board assistance. April 15,2002 - Page 5 General Provisions SECTION 14. STEWARDSHIP AND MONITORING Sponsor agrees to perform monitoring and stewardship functions as stated in the monitoring and stewardship plans as approved by the Funding Board or the Office. Sponsor further agrees to utilize, where applicable and financially feasible, any monitoring protocols recommended by the Funding Board SECTION 15. DEBARMENT CERTIFICATION The Sponsor certifies it is not presently debarred, suspended, proposed for debarment, declared' ineligible, or voluntarily excluded from participating in this Agreement by any Federal department or agency. lf requested by the Office, the Sponsor shall complete a Certification Regarding Debarment, Suspension, lneligibility, and Voluntary Exclusion form. Any such form completed by the Sponsor for this Agreement shall be incorporated into this Agreement by reference. SECTION 16. PROJECT FUNDING A. AdditionalAmounts. The Funding Board shall not be obligated to pay any amount beyond the dollar amount as identified in this Agreement, unless an additional amount has been approved in advance by the Funding Board or Director and incorporated by written amendment into this Agreement. 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 provided for by Funding Board policy. The dollar amounts identified in this Agreement may be reduced as necessary to exclude any such expenditure from reimbursement. C. 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. ln addition to any remedy the Funding Board may have under this Agreement, the amounts identified in this Agreement shall be reduced to exclude any such expenditure from participation. SECTION 17. PROJECTREIMBURSEMENTS A. Compliance and Payment. The obligation of the Office to pay any amount(s) under this Agreement is expressly conditioned upon strict compliance with the terms of this Agreement by the Sponsor. B. Compliance and Retainage. The Office reseryes the right to withhold disbursement of the final ten percent (10To) 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 outlined in the Agreement are complete; 2. on-site signs are in place (if applicable); 3. a final Project report is submitted to the Office with the Sponsor's final request for reimbursement; 4. the completed Project has been approved by the Office; 5. final amendments have been processed;and 6. fiscaltransactionsarecomplete. C. lnvoice Frequency. lnvoices are required at least once a quarter from state agency sponsors and at least once a year from all other sponsors. The year-end invoice should include expenditures through June 30, the last day of the State's fiscal year and be submitted no later than July 1Sth. Final reimbursement requests should be submitted to the Office within ninety (90) days of the completion of the Project, funding end date, or the termination date, whichever comes first. SECTION 18. ADVANCE PAYMENTS Advance payments of or in anticipation of goods or services to be provided under this Agreement are limited to salmon grants and must comply with SRFB policy. April 15, 2002- Page 6 General Provisions SECTION 19. NON.AVAILABILITY OF FUNDS lf amounts sufficient to fund the grant made under this Agreement are not appropriated by theWashington State Legislature, or if such funds are not allocated by the was'ningion State office ofFinancial Management (oFM) to the office for expenditure for this Agreement i-n any biennial fiscalperiod, the Office shall not be obligated to pay any remaining unpaid portion of this grant unless and untilthe necessary action by the Legislature or OFM occurs. tf tn-e Office participation is iuspenoed under thissection for a continuous period of one year, the Office's' obligation to'provide any future funding under thisAgreement shall terminate. Termination of the Agreement uider this section is not subject to aipeal bythe Sponsor. SECTION 20. REGOVERY OF PAYMENTS ln the event that the Sponsor fails to expend funds under this Agreement in accordance with state andfederal laws' and/or the provisions of the Agreement, the Office reserves the right to recover grant awardfunds in the amount equivalent to the extenl'of noncompliance in addition to an-y other remedies availableat law or in equity. The Sponsor shallreimburse the office for any overpayment or erroneous payments made under theAgreement. Repayment by the Sponsor of suCh funos under this recovery provision shall occur within 30days. of demand by the office. lnterest shall accrue at the rate of twelve p"i""nitiz;/o'1 p., annum fromthe time that payment becomes due and owing. SECTION 21. COVENANT AGAINST CONTINGENT FEES The Sponsor warrants that no person or selling agent has been employed or retained to solicit or securethis Agreement upon an agreement or undersGnoing for a commisiio'i, percentage, brokerage orcontingent fee, excepting bona fide employees or bona fide established agents m"ajntained ny tnesponsor for the purpose of securing business. The office shall have tne rignt, in the event of breach ofthis clause by the Sponsor, to annul this Agreement without liability or, in iis d'iscretion, to deduct from theAgreement price or consideration or recover by other means the full amount of such commission,percentage, brokerage or contingent fee. SECTION 22. PROVISIONS APPLYING TO DEVELOPMENT/RESTORATION PROJECTS The following provisions shall be in force only if the Project described in this Agreement is fordevelopmenUrestoration of land or facilities for outdoor recreation, habitat conservation, or salmonrecoveryl A. Construction Document Review and Approval. The Sponsor agrees to submit one copy of allconstruction plans and specifications to the office for review. Review and approval by ihe office willbe for cornpliance with the terms of this Agreement. B' Contracts for Construction. Sponsor shall award all contracts for construction using whatever methodis appropriate and legal for the Sponsor. c' Construction contract Change order. only change orders that significanfly reduce or change thescope of the Project as described to and approved by the Fundin! Board or the otrrce rnusii""Ju"prior written approval. D' Control and Tenure. Appropriate control and tenure of the land proposed for use must be executedand documented. E. Nondiscrimination' Except where a nondiscrimination clause required by a federalfunding agency isused, the Sponsor shall insert the following nondiscrimination clause in each contract for constructionof this Project: "During the performance of this contract, the Sponsor agrees to comply with all federal and state nondiscrimination laws, regulations-and policies.i, April 15,2002-Page7 General Provisions SECTION 23. 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 interest in real property for outdoor recreation, habitat conservation, or salmon recovery purposes: A. Evidence of Land Value. Before disbursement of funds by the Office as provided under this Agreement, the Sponsor agrees to supply evidence to the Office that the land acquisition cost has been established per Funding Board policy. B. 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. C. Deed of Right to Use Land for Public Purposes. The Sponsor agrees to execute an instrument or instruments which contain: 1. the 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 the purpose identified in the Agreement; and 3. a requirement to comply with applicable statutes, rules, and the Funding Board policies with respect to conversion of use. D. Assignment of Right. When acquiring a conservation easement, the Sponsor agrees to execute an instrument or instruments that contain: 1. The legal description of the conservation easement acquired under this Agreement; 2. An assignment to the State of certain rights for access to and stewardship of the property covered by the conservation easement; 3. Acknowledgement of the right of the Funding Board and the Office for enforcement of the provisions of the conservation easement; and 4. A statement that the Sponsor will retain all responsibility for obligations under the terms of the conservation easement. E. Real Property Acquisition and Relocation Assistance 1. 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 (197O)--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. When state funds are part of this Agreement, 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 8.26.010 RCW), and Chapter 468-100 WAC. 3. Housing and Relocation. ln 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. SECTION 24. HAZARDOUS SUBSTANCES A. Definition. "Hazardous substance," as defined in Chapter 70.105D.020 (7) RCW, means: 1. Any dangerous or extremely hazardous waste as defined in Chapter 70.105.010(5) and (6) RCW, or any dangerous or extremely dangerous waste designated by rule pursuant to Chapter 70.105 RCW; 2. Any hazardous substance as defined in Chapter 70.105.010(14) RCW or any hazardous substance as defined by rule pursuant to Chapter 70.105. RCW; 3. Any substance that, on March 1, 1989, is a hazardous substance under section 101(14) of the federalcleanup law,42 U.S.C. Sec. 9601(14); 4. Petroleum or petroleum products; and oo''Ll?#|";3'1'"""3 5. Any substance or category of substances, including solid waste decomposition products,determined by the director [or director's designee of the department of ecology] by rule iopresent a threat to human health or the environment if released into the environment.6' The term hazardous substance does not include any of the following when contained in anunderground storage tank from which there is not i release: Crude oil or any fraction thereof orpetroleum, if the tank is in compliance with all applicable federal, state, and local law. B. Certification. The Sponsor shall inspect, investigate, and conduct an environmental audit of theproposed acquisition site for the presence of halardous substances and certify: (1) No hazardous substances were found on the site, or (2) Any hazardous substances found have been treated and/or disposed of in compliance withapplicable state and federal laws, and the site deemed "crean." C' Responsibility. Nothing in this provision alters the Sponsor's duties and liabilities regarding hazardoussubstances as set forth in Chapter 70.105D RCW. D' Hold Harmless- The Sponsor will defend, protect and hold harmless the office and any and all of itsemployees and/or agents, from and against any and all liability, cost (including but not limited to allcosts of defense and attorneys'fees) and any ind all loss of iny nature trom iny and all claims orsuits resulting from the presence of, or the release or threatenei release of, hazirdous substanceson the property being acquired. SECTION 25. 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 tothis Agreement to uses other than those purposes ior wnicir assistance wai originLlly approved, withoutthe approval of the Funding Board or Director, in compliance with applicable sta"tutes, ,.j6", "no i;;l;;Board policies as identified in this Agreement. lt is the intent of Funding Board's conversion policy that a"lllands acquired and all lands developed with funding assistance from flie Funding Board remain in thepublic domain in perpetuity unless otherwise identifJed in the Agreement. A' By Funding Board policy a conversion may occur under any of the following circumstances: 1. Conveyance. Property interests are conveyed for purposes inconsistent with the intent of theAgreement and the funding source. 2' Use. Non-eligible uses (public or private) are made of the Project area, or portion thereof.3. Eligibility- Non-eligible facilities are developed within the Project area without prior approval of theFunding Board or the Office 4. Termination of Use/Non-Conformance. The property acquired or project developed no longermeets or conforms to the intent of the Agreement oi the iunding souice. B' Element Change. Wngl apploved by the Funding Board or Director, certain elements may be deletedfrom the Agreement without invoking the requirement to replace the elements. Such deletions areallowed when the Funding Board or Director determines that the elements are not needed or cannotbe retained due to one or more of the following conditions: 1. Obsolescence 2. Extraordinaryvandalism 3. Acts of Nature 4. Designed life expectancy reached 5. Fire . 6. Property or property rights lost as a result of legal action 7 - ICC National Trails System Act reversion order (Nationallrals Sysfe m Act g(d), 16 U.S.C. S 1 2a7@) ; wAc 286-27-060(2)). April 15, 2002 - Page 9 General Provisions SECTION 26. CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED PROJECTS Sponsors must ensure that properties or facilities assisted with Funding Board funds, including undeveloped sites, are built, operated, used, and maintained: A. According to applicable federal, state, and local lgws and regulations, including pubtic health standards and building codes. B. ln a reasonably safe condition for the project's intended use. C. Throughout its estimated life so as to prevent undue deterioration. D. ln compliance with all federal and state nondiscrimination laws, regulations and policies. Facilities open to the public must: E. Follow all state and federal accessibility guidelines. F. Appear attractive and inviting to the public except for brief installation, construction, or maintenance periods. G. Be available for use at reasonable hours and times of the year, according to the type of area or facility. SECTION 27. INCOME AND INCOME USE A. lncome. 1. Compatible source. The source of any income generated in a Funding Board assisted 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 with Funding Board grants if the fees are consistent with the: (a) Value of any service(s) furnished; (b) Value of any opportunity(ies) furnished; and (c) Prevailing range of public fees in the state for the activity involved. Excepted are Firearms and Archery Range Recreation Program safety classes (firearm and/or hunter) for which a facility/range fee must not be charged (Chapter 79A.252.210 RCW). B. lncome use. Regardless of whether income or fees in a Funding Board-assisted area (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 law, the revenue may only be used to offset: 1. the Sponsor's matching funds; and/or 2. the Project's totalcost; and/or 3. thg eipense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program assisted by the Funding Board grant; and/or 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. SECTION 28. 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 Funding Board 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. April '15, 2002 - Page 10 General Provisions SECTION 29. PROVISIONS RELATED TO NON.PROFIT OR NOT.FOR.PROFIT SPONSORS A non-profit or nolfor-profit organization sponsor shall: A' Maintain a non-profit or nolfor-profit status (including registering with the Washington Secretary ofState) throughout the Sponsor's obligation to the Pro]ecLs iOentiried in this Agreement. B' Notify the office prior to dissolution and within 30 days of dissolution the Sponsor shall name aqualified successor that will agree in writing to assume any on-going project responsibilities. Aqualified successor is any party eligible to apply for funds in tnisuoject irant pibgru* and capabte ofcomplying with the terms and conditions of thisAgreement. The office wlll process an amendmenttransfering the sponsor's obligation to the qualified successor. c' Provide for operation and maintenance of the project. Should the Sponsor fail in this obligation for anyreason, the Project will be considered converted or a failed project, and be subject to all remediesavailable to the Funding Board and the Office. SECTION 30. LIABILITY INSURANCE REQUIREMENTS FOR FIREARM RANGE SPONSORS A' The Sponsorl shall procure an endorsement, or other addition, to liability insurance it may currenlycarry, ot shall procure a new policy of liability insurance, in a total couerage amount the Sponsordgems adequate to ensure it will have resources to pay successful claimi of persons who may bekilled or injured, or suffer damage to property, while'present at the range facility to which this grant isrelated, or by reason of being in the vicinity or tnat facility; provided tnal tne couerage shall be at leastone million dollars ($1,000,000) for the death of, or injury to, each person. B' The liability insurance policy, including any endorsement or addition, shall name Washington State,the Funding Board, and the Office as additional insureds and shall be in a form approved by theFunding Board or Director. C' The policy, endorsement or other addition, or a similar liability insurance policy meeting therequirements of this section, shall be kept in force throughoui the Sponsor's o'Otigationlo the project as identified in this Agreement. D' T.he policy, as modified by any endorsement or other addition, shall provide that the issuing companyshall give written notice to the Office not less than thirty (30) calendar days in advance of anycancellation of the policy by the insurer, and within ten-(i0)'calendar days following any termination ofthe policy by the Sponsor. E' The requirement of Subsection A through D above shall not apply if the Sponsor is a federal, state,or municipal government which has estahlished a program of self-insurance or a policy of seli-insurance with respect to claims arising from its fabitities or activities generally, including suchfacilities as firearm.s or archery ranges, when the applicant declares ano oesirioes that program orpolicy as a part of its application to the Funding goaiO. F' By this requirement, the Funding Board and the office does not assume any duty to any individualperson with respect to death, injury, or damage to property which that person may suffer whilepresent at, or in the vicinity of, the facility to which this grant relates. Any such person, or any otherperson making claims based upon such death, injury, or damage, must look to the Sponsor,'orothers, for any and arr remedies that may be avaiiabie by raw. SECTION 31. REQUIREMENTS OFTHE NATIONAL PARK SERVICE lf the Project has been lpproved by the Nalional Park Service, United States Department of the lnterior,for assistance from the Federal Land and Water Conservation Fund (LWCF), the Agreement GeneralProvisions in Section 660.3 Attachment B of the L&WCF Grants-in-Aia uaniatas n'o* existing orhereafter amended are made part of this Agreement, and the Sponsor shall also abide by tneJelAgreement General Provisions. Further, the Sponsor agrees to provide the Office with reports ordocuments needed to meet the, requirements of the Agieement or Section 660.3 Attachment B of theL&WCF G rants-in-Aid Manual. 1 As used in this section, sponsor refers to Firearms Range Sponsors.