HomeMy WebLinkAbout2070 RESOLUTION NO. 2070
A RESOLUTION of the City Council of the
City of Kent, Washington, that: (1) authorizes the
submission of applications for grant funding
assistance through the Recreation and Conservation
Office; and (2) identifies Parks personnel and/or the
Mayor as the City's authorized representatives for
purposes of securing the grant and binding the City
to the grant's terms and conditions.
RECITALS
A. The City of Kent ("City") is working on the Uplands Playfield and
Spray Park 23-1910D, PRISM Number 23-1910D.
B. The City considers it in the best public interest to complete the
projects described in the applications and to seek grant assistance through
the Washington Recreation and Conservation Office to aid in financing the
cost of those projects.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. - Intent to Apply. The City has applied for or intends to
apply for funding assistance managed by the Washington Recreation and
Conservation Office ("Office") for the Uplands Playfield and Spray Park 23-
1910D ("Project").
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Recreation & Conservation Office Grants
Uplands Playfield and Spray Park 23-191OD
SECTION 2. - Authorized Representatives. The City authorizes the
following persons or persons holding specified titles/positions (and
subsequent holders of those titles/positions) to execute the following
documents binding the City on the above projects:
DocumentName of Signatory or Title of
Grant
Person Authorized to Sign
Grant application (submission thereof) Brian Higgins, Parks Capital
Project Manages _t
Project contact (day-to-day administering Brian Higgins, Parks Capital
of the grant and communicating with the Project Manager
RCO
RCO Grant Agreement Dana Ralph, Mayor
(Agreement)Agreement/amendment
Approver
Agreement amendments Dana Ralph, Mayor
Authorizing property and real estate Dana Ralph, Mayor
documents (Notice of Grant, Deed of
Right or Assignment of Rights if
applicable).
I
The above persons are considered an "authorized
representative(s)/agent(s)" for purposes of the documents indicated. The
City shall comply with a request from the RCO to provide documentation of
persons who may be authorized to execute documents related to the grant.
SECTION 3. - Indemnification and Legal Venue Stipulation. The City
has reviewed the sample RCO Grant Agreement on the Recreation and
Conservation Office's website at: https://rco.wa.gov/wp-
content/ loads/2019/06/SampleProjAq_reement.pdf. We understand and
acknowledge that if offered an agreement to sign in the future, it will contain
an indemnification and legal venue stipulation and other terms and conditions
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Recreation & Conservation Office Grants
Uplands Playfield and Spray Park 23-1910D
substantially in the form contained in the sample Agreement and that such
terms and conditions of any signed Agreement shall be legally binding on the
sponsor if our representative/agent enters into an Agreement on our behalf.
The Office reserves the right to revise the Agreement prior to execution.
SECTION 4. - Lec7al Authority. The City acknowledges and warrants,
after conferring with its legal counsel, that its authorized
rep resentative(s)/agent(s) identified above have full legal authority to act and
sign on behalf of the City for their assigned role/document.
SECTION 5. - Contingent Funding. Grant assistance is contingent on
a signed agreement. Entering into any Agreement with the Office is purely
voluntary on the City's part.
SECTION 6. - Varying Policies and Requirements. The City
understands that grant policies and requirements vary depending on the
grant program applied to, the grant program and source of funding in the
Agreement, the characteristics of the project, and the characteristics of the
City.
SECTION 7. - Acknowledgement. The City further understands that
prior to our authorized representative(s)/agent(s) executing any of the
documents listed above, the RCO may make revisions to its sample
Agreement and that such revisions could include the indemnification and the
legal venue stipulation. The City accepts the legal obligation that we shall,
prior to execution of the Agreement(s), confer with our authorized
rep resentative(s)/agent(s) as to any revisions to the project Agreement from
that of the sample Agreement. We also acknowledge and accept that if our
authorized representative(s)/agent(s) executes the Agreement(s) with any
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Recreation & Conservation Office Grants
Uplands Playfield and Spray Park 23-191OD
such revisions, all terms and conditions of the executed Agreement shall be
conclusively deemed to be executed with our authorization.
SECTIONS. - Allowable Costs. Any grant assistance received will be
used for only direct eligible and allowable costs that are reasonable and
necessary to implement the project(s) referenced above.
SECTION 9. - Funding Match. If match is required for the grant, we
understand the City must certify the availability of match at least one month
before funding approval. In addition, the City understands it is responsible
for supporting all non-cash matching share commitments to this project
should they not materialize.
SECTION 10. - Reimbursement Basis. The City acknowledges that if
it receives grant funds managed by the Office, the Office will pay us on only
a reimbursement basis. We understand reimbursement basis means that we
will only request payment from the Office after we incur grant eligible and
allowable costs and pay them. The Office may also determine an amount of
retainage and hold that amount until all project deliverables, grant reports,
or other responsibilities are complete.
SECTION 11. - Purpose of Property. The City acknowledges that any
property owned by the City that is developed, renovated, enhanced, or
restored with grant assistance must be dedicated for the purpose of the grant
in perpetuity unless otherwise allowed by grant program policy, or Office in
writing and per the Agreement or an amendment thereto.
SECTION 12. - Resolution a Part of Application. This resolution is
deemed to be part of the formal grant application to the Office.
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Recreation & Conservation Office Grants
Uplands Playfield and Spray Park 23-191OD
SECTION 13. - Certification. The City warrants and certifies that this
resolution was properly and lawfully adopted following the requirements of
the City and applicable laws and policies, and that the City has full legal
authority to commit itself to the warranties, certifications, promises and
obligations set forth herein.
SECTION 14. - Effective Date and Approval. This resolution will take
effect immediately and is signed and approved by the Mayor through a
majority vote of the City Council for the City of Kent. A copy of this resolution
is on file with the Kent City Clerk at 220 Fourth Avenue South, Kent, WA.
March 19, 2024
DA-�DNA RALPH, MAY R Date Approved
ATTEST:
March 19, 2024
KIMBERLEY A. OMOTO, CTY&tRK Date Adopted
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TO FORM:
, CITY ATTORNEY
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Recreation & Conservation Office Grants
Uplands Playfield and Spray Park 23-191OD
This agreement template is used by the Recreation and Conservation Office(RCO)for the management
of the grant and other programs it administers. This example is provided for review by applicants'and
their counsel as they seek grant funding managed by RCO.
This grant agreement will contain changes at issuance based on the specifics of each funded project. For
instance, changes will occur based on the applicant,funding program,fund source,project type, rule or
law changes, and other factors. Applicants that receive funding from RCO are encouraged to thoroughly
review their customized grant agreement prior to final signature.
RCO reserves the right to make updates to this template.
RCO GRANT AGREEMENT
Project Name:
Project Number:
Issuance Date:
A. PARTIES OF THE GRANT AGREEMENT.
1. This Recreation and Conservation Office Grant Agreement (Agreement) is entered into between
the State of Washington (FundingAgency)Recreation and Conservation Office (RCO), P.O. Box
40917, Olympia, Washington 98504-0917 and{Prim arySponsorNameAddress}
(SecondarySponsorNameAcidress}, and shall be binding on the agents and all persons acting by
or through the parties.
2. The Sponsor's Data Universal Numbering System (DUNS) Number is(DUNNSNumber}.
3. All Sponsors are equally and independently subject to all the conditions of this Agreement
except those conditions that expressly apply only to the primary Sponsor.
4. Prior to and During the Period of Performance, Per the Applicant Resolution/Authorizations
submitted by all sponsors(and on file with the RCO),the identified Authorized
Representative(s)/Agent(s) have full authority to legally bind the Sponsor(s) regarding all
matters related to the project, including but not limited to, full authority to: (1)sign a grant
application for grant assistance, (2) enter into this project agreement on behalf of the
Sponsor(s) including indemnification, as provided therein, (3) enter any amendments thereto on
behalf of Sponsor(s), and (4) make any decisions and submissions required with respect to the
project.Agreements and amendments must be signed by the Authorized
Representative/Agent(s) of all Sponsors, unless otherwise allowed in the AMENDMENTS TO
AGREEMENT Section.
a. During the Period of Performance, in order for a Sponsor to change its Authorized
Representative/Agent as identified on the original signed Applicant
Resolution/Authorization the Sponsor must provide the RCO a new Applicant
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Resolution/Authorization signed by its governing body. Unless a new Applicant
Resolution/Authorization has been provided,the RCO shall proceed on the basis that
the person who is listed as the Authorized Representative in the last
Resolution/Authorization that RCO has received is the person with authority to bind the
Sponsor to the Agreement(including any amendments thereto) and decisions related to
implementation of the Agreement.
b. Amendments After the Period of Performance. RCO reserves the right to request and
Sponsor has the obligation to provide, authorizations and documents that demonstrate
any signatory to an amendment has the authority to legally bind the Sponsor as
described in the above Sections A and J.
5. For the purposes of this Agreement, as well as for grant management purposes with RCO, only
the primary Sponsor may act as a fiscal agent to obtain reimbursements(See PROJECT
REIMBURSEMENTS Section).
B. PURPOSE OF AGREEMENT.
This Agreement sets out the terms and conditions by which a grant is made from the{AccountNamej of
the State of Washington.The grant is administered by the RCO.
C. DESCRIPTION OF PROJECT.
{ProjectDescription}
D. PERIOD OF PERFORMANCE.
1. The period of performance begins on {StortDate)(project start date) and ends on{EndDate}
(project end date). No allowable cost incurred before or after this period is eligible for
reimbursement unless specifically provided for by written amendment or addendum to this
Agreement,or specifically provided for by applicable RCWs, WACs, and any applicable RCO
manuals as of the effective date of this Agreement.
2. The RCO reserves the right to summarily dismiss any request to amend this Agreement if not
made at least 60 days before the project end date.
E. STANDARD TERMS AND CONDITIONS INCORPORATED.
The RCO Standard Terms and Conditions of the Agreement are hereby incorporated by reference as part
of this Agreement.
F. LONG-TERM OBLIGATIONS.
(This is a custom section based on project,program, and sponsor type. See attached spreadsheet of
those that may apply.)
G. PROJECT FUNDING.
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The total grant award provided for this project shall not exceed (RCOAmount}.The RCO shall not pay any
amount beyond that approved for grant funding of the project and within the percentage as identified
below.The Sponsor shall be responsible for all total project costs that exceed this amount.The
minimum matching share provided by the Sponsor shall be as indicated below:
{FundingTable)
H. FEDERAL FUND INFORMATION.
(This section only appears if there is federal funding nexus)
fFederalFundinglnfo)
This funding is not research and development(R&D).
If the Sponsor's total federal expenditures are $750,000 or more during the Sponsor's fiscal-year,the
Sponsor is required to have a federal single audit conducted for that year in compliance with 2 C.F.R.
Part 200, Sub Part F—Audit Requirements, Section 500(2013).The Sponsor must provide a copy of the
final audit report to RCO within nine months of the end of the Sponsor's fiscal year, unless a longer
period is agreed to in advance by the federal agency identified in this section.
Sponsor shall comply with the federal "Omni-circular" (2 C.F.R. Part 200).
RCO may suspend all reimbursements if the Sponsor fails to timely provide a single federal audit; further
the RCO reserves the right to suspend any and all RCO Agreement(s) with the Sponsor if such
noncompliance is not promptly cured.
I. RIGHTS AND OBLIGATIONS INTERPRETED IN LIGHT OF RELATED DOCUMENTS.
All rights and obligations of the parties under this Agreement are further specified in and shall be
interpreted in light of the Sponsor's application and the project summary and eligible scope activities
under which the Agreement has been approved and/or amended as well as documents produced in the
course of administering the Agreement, including the eligible scope activities,the milestones report,
progress reports, and the final report. Provided,to the extent that information contained in such
documents is irreconcilably in conflict with this Agreement, it shall not be used to vary the terms of the
Agreement, unless the terms in the Agreement are shown to be subject to an unintended error or
omission.This"Agreement" as used here and elsewhere in this document, unless otherwise specifically
stated, has the meaning set forth in the definitions of the Standard Terms and Conditions.
The following Exhibits are attached as part of this Agreement:
(This is a custom section listing things like "Expanded Scope of Work," "Milestones,"and"Eligible Scope
Items,"which become part of this agreement.)
If an exhibit is referenced in this Agreement as an exhibit or attached to this Agreement, regardless
whether it is on this list, it shall still be considered part of this Agreement.
J. AMENDMENTS TO AGREEMENT.
1. Except as provided herein, no amendment (including without limitation, deletions) of this
Agreement will be effective unless set forth in writing signed by all parties. Exception:
extensions of the Period of Performance and minor scope adjustments need only be signed by
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RCO's director or designee and consented to in writing(including email) by the Sponsor's
Authorized Representative/Agent or Sponsor's designated point of contact for the
implementation of the Agreement(who may be a person other than the Authorized
Agent/Representative), unless otherwise provided for in an amendment.This exception does
not apply to a federal government Sponsor or a Sponsor that requests and enters into a formal
amendment for extensions or minor scope adjustments.
2. It is the responsibility of a Sponsor to ensure that any person who signs an amendment on its
behalf is duly authorized to do so.
3. Unless otherwise expressly stated in an amendment, any amendment to this Agreement shall be
deemed to include all current federal, state, and local government laws and rules, and policies
applicable and active and published in the applicable RCO manuals or on the RCO website in
effect as of the effective date of the amendment,without limitation to the subject matter of the
amendment. Provided, any update in law, rule, policy or a manual that is incorporated as a
result of an amendment shall apply only prospectively and shall not require that an act
previously done in compliance with existing requirements be redone. However, any such
amendment, unless expressly stated, shall not extend or reduce the long-term obligation term.
K. COMPLIANCE WITH APPLICABLE STATUTES, RULES,AND POLICIES.
1. This Agreement is governed by, and the sponsor shall comply with, all applicable state and
federal laws and regulations, applicable RCO manuals as identified below, Exhibits, and any
applicable federal program and accounting rules effective as of the date of this Agreement or as
of the effective date of an amendment, unless otherwise provided in the amendment. Provided,
any update in law, rule, policy or a manual that is incorporated as a result of an amendment
shall apply only prospectively and shall not require that an act previously done in compliance
with existing requirements be redone unless otherwise expressly stated in the amendment.
2. For the purpose of this Agreement, {WAC...)shall apply as terms of this Agreement.
3. For the purpose of this Agreement,the following RCO manuals are deemed applicable and shall
apply as terms of this Agreement:
{CustomApplicableManuals}
Provided,where a manual refers to a funding board's responsibility and/or authority but the funding
board is not involved with the grant or successor to an entity that was involved,the RCO director shall
have that responsibility and/or authority if such responsibilities and/or authority falls within the RCO's
statutory responsibilities and/or authority or within a lawful delegation by the board to the RCO.
L. SPECIAL CONDITIONS.
{CustomSpecialConditionsAsMayApply}
M. AGREEMENT CONTACTS.
The parties will provide all written communications and notices under this Agreement to either or both
the mail address and/or the email address listed below:
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(Cus tom ProjectCon tactsj
These addresses and contacts shall be effective until receipt by one party from the other of a written
notice of any change. Unless otherwise provided for in this Agreement, decisions relating to the
Agreement must be made by the Authorized Representative/Agent, who may or may not be the Project
Contact for purposes of notices and communications.
N. ENTIRE AGREEMENT.
This Agreement, with all amendments and attachments, constitutes the entire Agreement of the
parties. No other understandings, oral or otherwise, regarding this Agreement shall exist or bind any
of the parties.
O. EFFECTIVE DATE.
1. Unless otherwise provided for in this Agreement,this Agreement, for project{ProjectNumber},
shall not be effective and binding until the date signed by both the sponsor and the RCO's
authorized representative, whichever is later(Effective Date). Reimbursements for eligible and
allowable costs incurred within the period of performance identified in the PERIOD OF
PERFORMANCE Section are allowed only when this Agreement is fully executed and an original
is received by RCO.
2. The Sponsor has read, fully understands,and agrees to be bound by all terms and conditions as
set forth in this Agreement and the STANDARD TERMS AND CONDITIONS OF THE RCO GRANT
AGREEMENT.The signators listed below represent and warrant their authority to bind the
parties to this Agreement.
Signatures:
Sponsor/Date
Recreation and Conservation Office/Date
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Standard Terms and Conditions of the RCO Grant Agreement Table of Contents
1. CITATIONS, HEADINGS AND DEFINITIONS............................................................................................8
2. PERFORMANCE BY THE SPONSOR. .....................................................................................................13
3. ASSIGNMENT. .....................................................................................................................................14
4. RESPONSIBILITY FOR PROJECT............................................................................................................14
5. INDEMNIFICATION..............................................................................................................................14
6. INDEPENDENT CAPACITY OF THE SPONSOR.......................................................................................16
7. CONFLICT OF INTEREST.......................................................................................................................16
8. COMPLIANCE WITH APPLICABLE LAW................................................................................................16
9. ARCHAEOLOGICAL AND CULTURAL RESOURCES RESPONSIBILITIES...................................................18
10. RECORDS.............................................................................................................................................23
11. PROJECT FUNDING..............................................................................................................................24
12. PROJECT REIMBURSEMENTS. .............................................................................................................25
13. ADVANCE PAYMENTS. ........................................................................................................................27
14. RECOVERY OF PAYMENTS...................................................................................................................27
15. COVENANT AGAINST CONTINGENT FEES. ..........................................................................................27
16. INCOME (AND FEES)AND USE OF INCOME........................................................................................27
17. PROCUREMENT REQUIREMENTS........................................................................................................28
18. TREATMENT OF EQUIPMENT AND ASSETS.........................................................................................29
19. RIGHT OF INSPECTION........................................................................................................................30
20. STEWARDSHIP AND MONITORING.....................................................................................................30
21. PREFERENCES FOR RESIDENTS............................................................................................................30
22. ACKNOWLEDGMENT AND SIGNS........................................................................................................30
23. PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION,AND RESTORATION
PROJECTS. ...........................................................................................................................................31
24. PROVISIONS APPLYING TO ACQUISITION PROJECTS. .........................................................................32
25. LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS.........................................................34
26. CONSTRUCTION, OPERATION, USE, AND MAINTENANCE OF ASSISTED PROJECTS............................35
27. RECORDED NOTICE OF GRANT............................................................................................................36
28. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) SPONSORS..................................36
29. PROVISIONS FOR FEDERAL SU BAWARDS............................................................................................36
30. PROVISIONS FOR BOATING INFRASTRUCTURE GRANTS.....................................................................39
31. PROVISIONS FOR FIREARMS AND ARCHERY RANGE RECREATION PROJECTS....................................39
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32. PROVISIONS FOR LAND AND WATER CONSERVATION FUND PROJECTS............................................40
33. PROVISIONS FOR FARMLAND AND FORESTLAND PRESERVATION PROJECTS....................................41
34. PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS. ................................................41
35. PROVISIONS FOR PUGET SOUND ACQUISITION AND RESTORATION PROJECTS................................41
36. ORDER OF PRECEDENCE. ....................................................................................................................46
37. LIMITATION OF AUTHORITY................................................................................................................47
38. WAIVER OF DEFAULT..........................................................................................................................47
39. APPLICATION REPRESENTATIONS—MISREPRESENTATIONS OR INACCURACY OR BREACH. .............47
40. SPECIFIC PERFORMANCE. ...................................................................................................................47
41. TERMINATION AND SUSPENSION.......................................................................................................47
42. DISPUTE HEARING...............................................................................................................................49
43. ATTORNEYS' FEES................................................................................................................................50
44. GOVERNING LAW/VENUE...................................................................................................................50
45. SEVERABILITY......................................................................................................................................50
46. END OF AGREEMENT. .........................................................................................................................50
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STANDARD TERMS AND CONDITIONS OF THE RCO GRANT AGREEMENT
Last Updated: February 12, 2020
1. CITATIONS, HEADINGS AND DEFINITIONS.
A) Any citations referencing specific documents refer to the current version on the effective
date of this Agreement or the effective date of any amendment thereto.
B) Headings used in this Agreement are for reference purposes only and shall not be
considered a substantive part of this Agreement.
C) Definitions.As used throughout this Agreement,the following terms shall have the meaning
set forth below:
acquisition project—A project that purchases or receives a donation of a right to or in real property
including, but not limited to,fee simple land acquisition, conservation easement,
access/trail/recreational easements, covenants, leases, water rights, and mineral rights.
Agreement,terms of the Agreement, or project agreement—The document entitled "RCO GRANT
AGREEMENT" accepted by all parties to the present project and transaction, including without
limitation the Standard Terms and Conditions of the RCO Grant Agreement, all exhibits,
attachments, addendums, amendments, and applicable manuals, and any intergovernmental
agreements, and/or other documents that are incorporated into the Agreement subject to any
limitations on their effect under this Agreement.
applicable manual(s), manual --A manual designated in this Agreement to apply as terms of this
Agreement, subject(if applicable)to substitution of the "RCO director"for the term "board" in
those manuals where the project is not approved by or funded by the referenced board, or a
predecessor to the board.
applicable WAC(s)--Designated chapters or provisions of the Washington Administrative Code that
apply by their terms to the type of grant in question or are deemed under this Agreement to apply
as terms of the Agreement, subject to substitution of the "RCO director" for the term "board" or
"agency" in those cases where the RCO has contracted to or been delegated to administer the grant
program in question.
applicant—Any party, prior to becoming a Sponsor,who meets the qualifying standards/eligibility
requirements for the grant application or request for funds in question.
application—The documents and other materials that an applicant submits to the RCO to support
the applicant's request for grant funds;this includes materials required for the "Application" in the
RCO's automated project information system, and other documents as noted on the application
checklist including but not limited to legal opinions, maps, plans, evaluation presentations and
scripts.
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archeological, cultural, and historic resources- Archeological sites and artifacts,and traditional
areas or items of religious,ceremonial and/or social (significance to) (uses of)tribes affected by or
interested in the project. This also refers to built environments and places with historical
significance for the nation, state, or local area.
authorized representative/agent—A Sponsor's agent (employee, political appointee, elected person,
etc.) authorized to be the signatory of this Agreement and any amendments requiring a Sponsor's
signature.This person has the signature authority to bind the Sponsor to this Agreement,grant, and
project.
C.F.R.—Code of Federal Regulations
completed project or project completion -The status of a project when all of the following have
occurred:
1. The grant funded project has been inspected by the RCO and the RCO has determined that
all scopes of work to implement the project have been completed satisfactorily,
2. A final project report is submitted to and accepted by RCO,
3. Any needed amendments to the Agreement have been entered by the Sponsor and RCO
and have been delivered to the RCO
4. A final reimbursement request has been paid by RCO.
5. Property rights(including RCO's as may apply) have been recorded (as may apply)
contractor—An entity that receives a contract from a Sponsor related to performance of work or
another obligation under this Agreement.
compliance period,or long-term compliance period—The term of years, beginning on the end date
of the agreement,when long-term obligations exist for the Sponsor.The start date and end date of
the compliance period may also be prescribed by RCO per the Agreement.
conversion—A conversion occurs 1)when facilities acquired, developed, renovated or restored
within the project area are changed to a use other than that for which funds were approved,
without obtaining prior written formal RCO or board approval, 2)when property interests are
conveyed to a third party not otherwise eligible to receive grants in the program from which funding
was approved without obtaining prior written formal RCO or board approval, or 3) when obligations
to operate and maintain the funded property are not complied with after reasonable opportunity to
cure.
development project—A project that results in the construction of, or work resulting in, new
elements, including but not limited to structures,facilities, and/or materials to enhance outdoor
recreation resources. A development project may also involve activities that redevelop or renovate
an existing facility, and these may occur exclusively in the project or in combination with new
construction. For projects in the Boating Facilities Program,the term "development project"
includes all of the above and may also include those activities that are defined as maintenance in 50
C.F.R 86.
director or Director—The chief executive officer of the Recreation and Conservation Office or that
person's designee.
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education project—A project that provides information,education, and outreach programs and/or
services for the benefit of outdoor recreationists. This project may involve limited amounts of
capital construction or installation of tangible property.
education and enforcement project—A project that provides information, education, and outreach
programs or services;encourages responsible recreational behavior, and may provide law
enforcement for the benefit of outdoor recreationists.This project may involve limited amounts of
capital construction or installation of tangible property, and equipment purchases.
effective date—The date when the signatures of all parties to this agreement are present in the
agreement.
enhancement project—A project that (i) supports hatchery reform to improve hatchery
effectiveness to minimize impacts to wild fish populations, (ii) ensures compatibility between
hatchery production and salmon recovery programs, or(iii) supports sustainable fisheries (WAC
420.04.010).
equipment—Tangible personal property(including information technology systems) having a useful
service life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser
of the capitalization level established by the Sponsor or$5,000(2 C.F.R. § 200.33 (2013)).
funding board or board—The Washington State Recreation and Conservation Funding Board, or the
Washington State Salmon Recovery Funding Board. Or both as may apply.
Funding Entity —the entity that approves the project that is the subject to this Agreement.
grant program—The source of the grant funds received. May be an account in the state treasury,or
a grant category within a larger grant program, or a federal source.
indirect cost—Costs incurred for a common or joint purpose benefitting more than one cost
objective, and not readily assignable to the cost objectives specifically benefitted, without effort
disproportionate to the results achieved (2 C.F.R. § 200.56 (2013)).
compliance period,or long-term compliance period—The term of years, beginning on the end date
of the agreement, when long-term obligations exist for the Sponsor.The start date and end date of
the compliance period may also be prescribed by RCO per the Agreement.
long-term obligations—Sponsor's obligations after the project end date, as specified in the
Agreement and manuals and other exhibits as may apply.
landowner agreement—An agreement that is required between a Sponsor and landowner for
projects located on land not owned or otherwise controlled by the Sponsor.
maintenance project—A project that maintains existing areas and facilities through repairs and
upkeep for the benefit of outdoor recreation.
maintenance and operation project—A project that maintains and operates existing areas and
facilities through repairs, upkeep, and routine services for the benefit of outdoor recreationists.
match or matching share—The portion of the total project cost provided by the Sponsor.
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milestone—An important event with a defined date to track an activity related to implementation of
a funded project and monitor significant stages of project accomplishment.
monitoring project—Means a project that tracks the effectiveness of salmon recovery restoration
actions, or provides data on salmon populations or their habitat conditions.
monitoring and research project—Means a project that tracks the effectiveness of salmon recovery
restoration actions, or provides data on salmon populations or their habitat conditions.
Office—Means the Recreation and Conservation Office or RCO.
notice of grant—As required by RCO or another authority, a document that has been legally
recorded on the property title of the project area(s) in the county or counties where the project
property is located,or with the United States Government,that describes the project area on the
property,the funding sources, and agencies responsible for awarding the grant.
pass-through entity—A non-Federal entity that provides a subaward to a subrecipient to carry out
part of a Federal program (2 C. F. R. §200.74 (2013)). If this Agreement is a federal subaward, RCO is
the pass-through entity.
period of performance—The period beginning on the project start date and ending on the project
end date.
planning project-A project that results in one or more of the following: 1) a study, a plan,
assessment, project design, inventory, construction plans and specifications, and permits; or 2) a
project that provides money to facilitate the work of an organization engaged in planning and
coordination,or resource stewardship.
pre-agreement cost—A project cost incurred before the period of performance.
primary Sponsor—The Sponsor who is not a secondary Sponsor and who is specifically identified in
the Agreement as the entity to which RCO grants funds to and authorizes and requires to administer
the grant.Administration includes but is not limited to acting as the fiscal agent for the grant(e.g.
requesting and accepting reimbursements, submitting reports). Primary Sponsor includes its
officers, employees, agents and successors.
project—The undertaking that is funded by this Agreement either in whole or in part with funds
administered by RCO.
project area-A geographic area that delineates a grant assisted site which is subject to project
agreement requirements.
project area (for projects where WAC 420 is applied) -The area consistent with the geographic limits
of the scope of work of the project and subject to project agreement requirements. For restoration
projects,the project area must include the physical limits of the project's final site plans or final
design plans. For acquisition projects, the project area must include the area described by the legal
description of the properties acquired for or committed to the project(WAC 420.04.010).
completed project or project completion -The status of a project when all of the following have
occurred:
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1. The grant funded project has been inspected by the RCO and the RCO has determined that
all scopes of work to implement the project have been completed satisfactorily,
2. A final project report is submitted to and accepted by RCO,
3. Any needed amendments to the Agreement have been entered by the Sponsor and RCO
and have been delivered to the RCO
4. A final reimbursement request has been paid by RCO.
5. Property rights(including RCO's as may apply) have been recorded (as may apply)
project cost—The total allowable costs incurred under this Agreement and all required match share
and voluntary committed matching share, including third-party contributions (see also 2 C.F.R. §
200.83 (2013)for federally funded projects).
project end date—The specific date identified in the Agreement on which the period of
performance ends, as may be changed by amendment.This date is not the end date for any long-
term obligations.
project start date—The specific date identified in the Agreement on which the period of
performance starts.
RCFB—Recreation and Conservation Funding Board
RCO—Recreation and Conservation Office—The state agency that administers the grant that is the
subject of this Agreement. RCO includes the director and staff.
RCW—Revised Code of Washington
Recreational Trails Program (RTP)—A Federal Highways Administration grant program.
reimbursement—RCO's payment of funds to the Sponsor for eligible and allowable costs that have
already been paid by the Sponsor per the terms of the Agreement.
renovation project—A project intended to improve an existing site or structure in order to increase
its useful service life beyond current expectations or functions.This does not include maintenance
activities to maintain the facility for its originally expected useful service life.
research project—Means a project that studies salmon and the effectiveness of recovery restoration
efforts on the population or habitat condition.
restoration project—A project intended to bring a site back to its historic function as part of a
natural ecosystem, or one intended to improve the ecological or habitat functionality or capacity of
(or part of) a site, landscape, marine environment, or watershed.
restoration and enhancement project—A project intended to bring a site back to its historic function
as part of a natural ecosystem or that improves the ecological functionality of a site or a larger
ecosystem which improvement may include benefiting (or exclusively benefit)fish stocks.
secondary Sponsor—One of two or more Sponsors who is not a primary Sponsor.Only the primary
Sponsor may be the fiscal agent for the project.
Sponsor—A Sponsor is an organization that is listed in and has signed this Agreement.
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Sponsor Authorized Representative/Agent—A Sponsor's agent(employee, political appointee,
elected person, etc.) authorized to be the signatory of this Agreement and any amendments
requiring a Sponsor signature.This person has the signature authority to bind the Sponsor to this
Agreement, grant, and project.
SRFB—Salmon Recovery Funding Board
State.The funding board and RCO are included within the term State, as are all other agencies,
departments, boards,councils, committees, divisions, bureaus, offices, societies, or other entities of
Washington state government.
subaward—Funds allocated to the RCO from another organization,for which RCO makes available
to or assigns to another organization via this Agreement.Also, a subaward may be an award
provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of any
award received by the pass-through entity. It does not include payments to a contractor or
payments to an individual that is a beneficiary of a federal or other program.A subaward may be
provided through any form of legal agreement, including an agreement that the pass-through entity
considers a contract.Also see 2 C.F.R. § 200.92 (2013). For federal subawards, a subaward is for the
purpose of carrying out a portion of a Federal award and creates a federal assistance relationship
with the subrecipient(2 C.F.R. § 200.330 (2013)). If this Agreement is a federal subaward,the
subaward amount is the grant program amount in the PROJECT FUNDING Section.
subrecipient—Subrecipient means an entity that receives a subaward. For non-federal entities
receiving federal funds, a subrecipient is an entity that receives a subaward from a pass-through
entity to carry out part of a federal program; but does not include an individual that is a beneficiary
of such program.A subrecipient may also be a recipient of other federal awards directly from a
federal awarding agency(2 C.F.R. § 200.93 (2013)). If this Agreement is a federal subaward,the
Sponsor is the subrecipient.
tribal consultation—Outreach, and consultation with one or more federally recognized tribes(or a
partnership or coalition or consortium of such tribes, or a private tribal enterprise) whose rights will
or may be significantly affected by the proposed project. This includes sharing with potentially-
affected tribes the scope of work in the grant and potential impacts to natural areas, natural
resources, and the built environment by the project. It also includes responding to any tribal
request from such tribes and considering tribal recommendations for project implementation which
may include not proceeding with parts of the project, altering the project concept and design, or
relocating the project or not implementing the project, all of which RCO shall have the final approval
of.
useful service life—Period during which a built asset,equipment, or fixture is expected to be
useable for the purpose it was acquired, installed, developed, and/or renovated, or restored per this
Agreement.
WAC—Washington Administrative Code.
2. PERFORMANCE BY THE SPONSOR.
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a. The Sponsor shall undertake the project as described in this Agreement, and in accordance
with the Sponsor's proposed goals and objectives described in the application or documents
submitted with the application, all as finally approved by the RCO (to include any RCO
approved changes or amendments thereto). All submitted documents are incorporated by
this reference as if fully set forth herein.
b. Timely completion of the project and submission of required documents, including progress
and final reports, is important. Failure to meet critical milestones or complete the project, as
set out in this Agreement, is a material breach of the Agreement.
3. ASSIGNMENT.
Neither this Agreement, nor any claim arising under this Agreement,shall be transferred or
assigned by the Sponsor without prior written approval of the RCO.
4. RESPONSIBILITY FOR PROJECT.
a. While RCO administers the grant that is the subject of this Agreement,the project itself
remains the sole responsibility of the Sponsor.The RCO and Funding Entity(if different from
the RCO) undertakes no responsibilities to the Sponsor, or to any third party, other than as
is expressly set out in this Agreement.
b. The responsibility for the implementation of the project is solely that of the Sponsor, as is
the responsibility for any claim or suit of any nature by any third party related in any way to
the project.When a project has more than one Sponsor, any and all Sponsors are equally
responsible for the project and all post-completion stewardship responsibilities and long-
term obligations unless otherwise stated in this Agreement.
c. The RCO, its employees, assigns, consultants and contractors, and members of any funding
board or advisory committee or other RCO grant review individual or body, have no
responsibility for reviewing, approving, overseeing or supervising design, construction, or
safety of the project and leaves such review, approval, oversight and supervision exclusively
to the Sponsor and others with expertise or authority. In this respect,the RCO, its
employees,assigns, consultants and contractors, and any funding board or advisory
committee or other RCO grant review individual or body will act only to confirm at a
general, lay person, and nontechnical level, solely for the purpose of project eligibility and
payment and not for safety or suitability,that the project apparently is proceeding or has
been completed as per the Agreement.
S. INDEMNIFICATION.
he State and its officers
and employees
a. The Sponsor shall defend indemnify, and hold t
p
harmless from all claims, demands, or suits at law or equity arising in whole or in part from
the actual or alleged acts, errors, omissions or negligence in connection with this Agreement
(including without limitation all work or activities thereunder), or the breach of any
obligation under this Agreement by the Sponsor or the Sponsor's agents, employees,
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2020 RCO GRANT AGREEMENT
contractors, subcontractors, or vendors,of any tier, or any other persons for whom the
Sponsor may be legally liable.
b. Provided that nothing herein shall require a Sponsor to defend or indemnify the State
against and hold harmless the State from claims, demands or suits based solely upon the
negligence of the State, its employees and/or agents for whom the State is vicariously liable.
c. Provided further that if the claims or suits are caused by or result from the concurrent
negligence of(a)the Sponsor or the Sponsor's agents or employees, and (b)the State,or its
employees or agents the indemnity obligation shall be valid and enforceable only to the
extent of the Sponsor's negligence or its agents,or employees.
d. As part of its obligations provided above,the Sponsor specifically assumes potential liability
for actions brought by the Sponsor's own employees or its agents against the State and,
solely for the purpose of this indemnification and defense, the Sponsor specifically waives
any immunity under the state industrial insurance law, RCW Title 51. Sponsor's waiver of
immunity under this provision extends only to claims against Sponsor by Indemnitee RCO,
and does not include,or extend to, any claims by Sponsor's employees directly against
Sponsor.
e. Sponsor shall ensure that any agreement relatingto this project involving any contractors,
subcontractors and/or vendors of any tier shall require that the contracting entity
indemnify, defend, waive RCW 51 immunity, and otherwise protect the State as
provided herein as if it were the Sponsor. This shall not apply to a contractor or
subcontractor is solely donating its services to the project without compensation or other
substantial consideration.
f. The Sponsor shall also defend, indemnify, and hold the State and its officers and employees
harmless from all claims, demands, or suits at law or equity arising in whole or in part from
the alleged patent or copyright infringement or other allegedly improper appropriation or
use of trade secrets, patents, proprietary information, know-how, copyright rights or
inventions by the Sponsor or the Sponsor's agents, employees, contractors, subcontractors
or vendors,of any tier,or any other persons for whom the Sponsor may be legally liable, in
performance of the work under this Agreement or arising out of any use in connection with
the Agreement of methods, processes, designs, information or other items furnished or
communicated to the State, its agents, officers and employees pursuant to the Agreement.
Provided,this indemnity shall not apply to any alleged patent or copyright infringement or
other allegedly improper appropriation or use of trade secrets, patents, proprietary
information, know-how, copyright rights or inventions resulting from the State's, its agents',
officers' and employees'failure to comply with specific written instructions regarding use
provided to the State, its agents, officers and employees by the Sponsor, its agents,
employees, contractors, subcontractors or vendors, of any tier, or any other persons for
whom the Sponsor may be legally liable.
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g. The funding board and RCO are included within the term State, as are all other agencies,
departments, boards,councils, committees, divisions, bureaus, offices, societies,or other
entities of state government.
6. INDEPENDENT CAPACITY OF THE SPONSOR.
a. The Sponsor and its employees or agents performing under this Agreement are not officers,
employees or agents of the RCO or Funding Entity.The Sponsor will not hold itself out as nor
claim to be an officer, employee or agent of the RCO or the Funding Entity, or of the state of
Washington, nor will the Sponsor make any claim of right, privilege or benefit which would
accrue to an employee under RCW 41.06.
b. The Sponsor is responsible for withholding and/or paying employment taxes, insurance,or
deductions of any kind required by federal, state,and/or local laws.
7. CONFLICT OF INTEREST.
a. Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO
may, in its sole discretion, by written notice to the Sponsor terminate this Agreement if it is
found after due notice and examination by RCO that there is a violation of the Ethics in
Public Service Act, RCW 42.52; or any similar statute involving the Sponsor in the
procurement of, or performance under,this Agreement.
b. In the event this Agreement is terminated as provided herein, RCO shall be entitled to
pursue the same remedies against the Sponsor as it could pursue in the event of a breach of
the Agreement by the Sponsor.The rights and remedies of RCO provided for in this clause
shall not be exclusive and are in addition to any other rights and remedies provided by law
or this Agreement.
8. COMPLIANCE WITH APPLICABLE LAW.
a. In implementing the Agreement,the Sponsor shall comply with all applicable federal, state,
and local laws (including without limitation all applicable ordinances, codes, rules, and
regulations). Such compliance includes, without any limitation as to other applicable laws,
the following laws:
i. Nondiscrimination Laws.The Sponsor shall comply with all applicable federal, state, and
local nondiscrimination laws and/or policies, including but not limited to:the Americans
with Disabilities Act;Civil Rights Act; and the Age Discrimination Employment Act (if
applicable). In the event of the Sponsor's noncompliance or refusal to comply with any
nondiscrimination law or policy,the Agreement may be rescinded,cancelled, or
terminated in whole or in part, and the Sponsor may be declared ineligible for further
grant awards from the RCO or Funding Entity.The Sponsor is responsible for any and all
costs or liability arising from the Sponsor's failure to so comply with applicable law.
Except where a nondiscrimination clause required by a federal funding agency is used,
the Sponsor shall insert the following nondiscrimination clause in each contract for
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2020 RCO GRANT AGREEMENT
construction of this project: "During the performance of this contract,the contractor
agrees to comply with all federal and state nondiscrimination laws, regulations and
policies."
ii. Secular Use of Funds. No funds awarded under this grant may be used to pay for any
religious activities, worship, or instruction, or for lands and facilities for religious
activities,worship, or instruction. Religious activities,worship, or instruction may be a
minor use of the grant supported recreation and conservation land or facility.
iii. Wages and Job Safety.The Sponsor agrees to comply with all applicable laws,
regulations,and policies of the United States and the State of Washington or other
jurisdiction which affect wages and job safety.The Sponsor agrees when state prevailing
wage laws(RCW 39.12) are applicable,to comply with such laws,to pay the prevailing
rate of wage to all workers, laborers, or mechanics employed in the performance of any
part of this contract, and to file a statement of intent to pay prevailing wage with the
Washington State Department of Labor and Industries as required by RCW 39.12.40.The
Sponsor also agrees to comply with the provisions of the rules and regulations of the
Washington State Department of Labor and Industries.
• Pursuant to RCW 39.12.040(1)(a), all contractors and subcontractors shall submit to
Sponsor a statement of intent to pay prevailing wages if the need to pay prevailing
wages is required by law. If a contractor or subcontractor intends to pay other than
prevailing wages, it must provide the Sponsor with an affirmative statement of the
contractor's or subcontractor's intent. Unless required by law,the Sponsor is not
required to investigate a statement regarding prevailing wage provided by a
contractor or subcontractor.
iv. Exception,Service Organizations of Trail and Environmental Projects(RCW 79A.35.130).
If allowed by state and federal law and rules, participants in conservation corps
programs offered by a nonprofit organization affiliated with a national service
organization established under the authority of the national and community service
trust act of 1993, P.L. 103-82, are exempt from provisions related to rates of
compensation while performing environmental and trail maintenance work provided:
(1)The nonprofit organization must be registered as a nonprofit corporation pursuant to
RCW 24.03; (2)The nonprofit organization's management and administrative
headquarters must be located in Washington; (3) Participants in the program must
spend at least fifteen percent of their time in the program on education and training
activities; and (4) Participants in the program must receive a stipend or living allowance
as authorized by federal or state law. Participants are exempt from provisions related to
rates of compensation only for environmental and trail maintenance work conducted
pursuant to the conservation corps program.
b. Restrictions on Grant Use. No part of any funds provided under this grant shall be used,
other than for normal and recognized executive-legislative relationships,for publicity or
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propaganda purposes, or for the preparation, distribution, or use of any kit, pamphlet,
booklet, publication, radio,television, or video presentation designed to support or defeat
legislation pending before the U.S. Congress or any state legislature. No part of any funds
provided under this grant shall be used to pay the salary or expenses of any Sponsor,or
agent acting for such Sponsor, related to any activity designed to influence legislation or
appropriations pending before the U.S. Congress or any state legislature.
c. No part of any funds provided under this grant shall be used to pay the salary or expenses of
any Sponsor, or agent acting for such Sponsor, related to any activity designed to influence
legislation or appropriations pending before the U.S. Congress or any state legislature.
d. Debarment and Certification. By signing the Agreement with RCO,the Sponsor certifies that
neither it nor its principals nor any other lower tier participant are presently debarred,
suspended, proposed for debarment, declared ineligible or voluntarily excluded from
participation in this transaction by Washington State Labor and Industries. Further,the
Sponsor agrees not to enter into any arrangements or contracts related to this Agreement
with any party that is on Washington State Department of Labor and Industries'"Debarred
Contractor List."
e. Requirements for RTP Subawards.
i. The subrecipient(Sponsor)shall follow such policies and procedures prescribed by and
allowed by the State, as well as federal law and federal rules issued by the Federal
Highways Administration and 2 CFR 200.
ii. Sponsor may be required to pay prevailing wage rates as required by the Davis Bacon
Act as amended.
9. ARCHAEOLOGICAL AND CULTURAL RESOURCES RESPONSIBILITIES
RCO shall administratively review, and Sponsor shall assist RCO in such review, For all funded
projects, including land acquisitions for the purpose of capital construction or renovation, not
undergoing Section 106 review under the National Historic Preservation Act of 1966, RCO shall
review and, if it deems appropriate,confer with the Washington State Department of Archeology
and Historic Preservation,tribes, and with any other party/parties that have an interest in,or
responsibility for, Project review and protection of archeological, cultural, and historical resources,
to determine potential impacts to archeological, cultural and historic resources and plans for
protection of such resources. The Sponsor shall cooperate in all such reviews.
1. Plans. Sponsor shall comply with all plans RCO or another state or federal agency may develop
for the protection of archeological, cultural, and historical resources in the project area, and
adjacent areas that may be impacted by the project. This subsection also applies to those
projects where a categorical exclusion (subsection 5) may apply.
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2. Authorities. At a minimum, review, management, and protection of archeological, cultural, and
historic resources, and tribal consultation, shall be performed in the project area and adjacent
areas impacted by the project for compliance with the following authorities (as may apply and
as in effect at the time of the review):
i. Washington State Department of Archeology and Historic Preservation policies and
procedures and rule,
ii. Sponsor, RCO, and landowners' plans, policies and procedures, directives, laws and
rules,
iii. State Environmental Policy Act,
iv. National Environmental Policy Act,
V. National Historic Preservation Act of 1966,
vi. Governor's Executive Order 05-05,
3. Scope of Archeological, Cultural, and Historic Resources Review. RCO recognizes that the
project area may include multiple parcels with multiple landowners, and additional parties with
property rights in the project area. The Sponsor shall apply this section independently to each
separately owned property, provided that reviews undertaken must include impacts to
individual parcels and cumulative impacts.
4. Compliance. At all times,the Sponsor shall take reasonable action to avoid, minimize, or
mitigate adverse effects to archeological, cultural, and historic resources in the project area, and
adjacent areas that may be impacted by the project, and comply with any RCO direction for such
avoidance, minimization, and mitigation, and reporting and notification thereof.
5. Categorical Exemption. If the Sponsor has reviewed the activities in this grant for impacts to
archeological,cultural, and historical resources, and the same for any planned projects in any
land acquired with this grant, and determined the project is categorically exempt from further
archaeological, historical and cultural resources review, as well as tribal consultation, Sponsor
shall notify the RCO in writing prior to beginning the project describing 1)the specific statutory
or regulatory exemptions that apply, and 2)their applicability to the specific project.
Alternatively,the RCO may determine the project is covered by a categorical exemption, in
whole or in part, and notify the Sponsor of such determination.
However, any categorical exemption must meet the standards of and be consistent and
allowable by ALL of the following:
1. the project area landowner(s) legal documents and governing documents(if applicable,
2. Sponsor's own policies and procedures and rules,
3. All applicable laws,
4. RCO applicable policies, manuals and/or other guidance, and
5. Washington Department of Archaeology and Historic Preservation's rules and policies.
I
Alternatively,the RCO may assign a categorical exemption to the project based on its own
review.
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2020 RCO GRANT AGREEMENT
Regardless of the applicability of any categorical exemption,the RCO reserves the right at any
time to require Sponsor to comply with any and all of the provisions of this section.
6. Project Areas Reviewed by a Permitting Authority. For those project areas where a permitting
authority for the project conducts an archeological, cultural, and historical resources review and
tribal consultation under section 106 of the Historic Preservation Act, NEPA,SEPA, or Governor's
Executive Order 05-05, such review and consultation shall substitute for the land owner's,
provided that such substitution is allowed only if(a)the permitting authority and landowner are
not the same, and (b)the RCO determines that the review and consultation performed by the
permitting authority meets RCO standards. When a permitting authority conducts such reviews
and tribal consultation, all other subsections herein shall still apply to the Sponsor(s).
7. Proiect Areas on Sponsor-Owned Property. Unless a categorical exemption applies as stated
above,the Sponsor shall perform and be bound by the following:
a. Project Review. For project areas not reviewed by a permitting authority(see above), prior
to implementing in the project area any ground disturbance, altering or demolishing
structures or other property appurtenances, removing or altering vegetation,geologic
elements,or waterways, or impacting wildlife, in and adjacent to the project area, areas
where project mitigation shall occur,or any other areas that may be affected by project
implementation,the Sponsor shall review the project for its potential and actual impacts,
including any planned projects on lands acquired as part of the project,to any and all
archaeological, cultural and historical resources in and adjacent to the project area, in areas
where project mitigation shall occur, or other areas that may be affected by project
implementation. In this review, Sponsor shall follow its policies and procedures, plans,
guidance, rules, and directives, as well as act in compliance with Governor's Executive Order
05-05,the National Historic Preservation Act,the State Environmental Policy Act,the
National Environmental Policy Act, and any local laws as may apply. If another
governmental agency is responsible in whole or in part for this review the Sponsor shall
assist with such review.
b. Tribal Consultation. For project areas not reviewed by a permitting authority(see above),
prior to implementing in the project area any ground disturbance, altering or demolishing
structures or other property appurtenances, removing or altering vegetation, geologic
elements,or waterways, or impacting wildlife, in and adjacent to the project area, areas
where project mitigation shall occur,or any other areas that may be affected by project
implementation, Sponsor shall conduct tribal consultation with any interested or affected
tribes as defined above. .
c. Reporting to RCO and Approval of Project Activities.Sponsor shall provide RCO evidence
(which RCO shall prescribe)that it has conducted project review and tribal consultation as
described and receive written approval of such review and consultation from RCO prior to
Sponsor implementing in the project area any ground disturbance, altering or demolishing
structures or other property appurtenances, removing or altering vegetation, geologic
elements, or waterways, or impacting wildlife, in and adjacent to the project area, areas
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2020 RCO GRANT AGREEMENT
where project mitigation shall occur, or any other areas that may be affected by project
implementation.
d. Changes to Project. RCO reserves the right to request Sponsor change its scope of work and
project outcomes to avoid, mitigate, or minimize impacts to archeological, cultural, and
historic resources.
e. Termination. RCO retains the right at any time to terminate a project due to anticipated or
actual impacts to archaeology and cultural resources.
f. Monitoring. RCO may require on-site monitoring for impacts to archeology, cultural, and
historic resources during any demolition,construction, land clearing, restoration, or repair
work, and may direct that work stop to minimize, mitigate, or avoid impacts to archaeology,
cultural, and historical resource impacts or concerns.
g. Inadvertent Discovery Plan. The Sponsor shall request, review, and be bound by the RCO
Inadvertent Discovery Plan (IDP), and keep the IDP at the project site, make the IDP readily
available to anyone working at the project site,discuss the IDP with staff and contractors
working at the project site, and Implement the IDP when cultural resources or human
remains are found at the project site.
h. Discovery. If any archeological or historic resources are found while conducting work under
this Agreement,the Sponsor shall immediately stop work and notify the property owner,
RCO,the Department of Archaeology and Historic Preservation at(360) 586-3064, and any
affected Tribe, and stop any activity that may cause further disturbance to the archeological
or historic resources until such time as the reviewing authority with jurisdiction over the
found object(s)and areas notifies Sponsor and RCO that work can resume.
i. Human Remains. If any human remains are found while conducting work under this
Agreement, Sponsor shall immediately stop work and notify the local Law
Enforcement Agency or Medical Examiner/Coroner's Office, and then RCO, all in the
most expeditious manner, and stop any activity that may cause disturbance to the
remains.Sponsor shall secure the area of the find will and protect the remains from
further disturbance until the RCO provides a new notice to proceed on the project.
Any human remains discovered shall not be touched, moved, or further disturbed
unless directed by RCO or the Department of Archaeology and Historic Preservation
(DAHP). The county medical examiner/coroner will assume jurisdiction over the
human skeletal remains and make a determination of whether those remains are
forensic or non-forensic. If the county medical examiner/coroner determines the
remains are non-forensic,then they will report that finding to the Department of
Archaeology and Historic Preservation (DAHP) who will then take jurisdiction over the
remains.The DAHP will notify any appropriate cemeteries and all affected tribes of
the find.The State Physical Anthropologist will make a determination of whether the
remains are Indian or Non-Indian and report that finding to any appropriate
cemeteries and the affected tribes.The DAHP will then handle all consultation with
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2020 RCO GRANT AGREEMENT
the affected parties as to the future preservation, excavation, and disposition of the
remains and the resumption of work.
8. Prolect Areas on State or Federal Property Not Owned By Sponsor.
Categorical Exemption. For project area(s)owned by a state or federal agency, and not under
review via a permitting nexus (see above),the state or federal agency landowner performing
archeological,cultural, and historic resources review and tribal consultation shall make the
determination that the project, in whole or in part, is covered by a categorical exemption, and
may notify and report such to the Sponsor, or to RCO on behalf of Sponsor.
Project Review and Tribal Consolation. If the project is not categorical exception to
archeological,cultural, and historical resources review and tribal consultation, and the project
area is located on property owned by the State of Washington or a federal agency, Sponsor
shall:
a. Follow its own policies and procedures, rules, and any applicable laws,for the review,
protection, and management of archaeological, cultural, and historic resources, and tribal
consultation and other consultations as may apply.
b. Assist the landowner and other applicable agencies, and the RCO, with its/their review of
archaeological, cultural and historic resources, and tribal consultation for the project area.
i. RCO may consult directly with the landowner to complete land owner project review
and tribal consultation.
c. Provide RCO evidence that the landowner has 1)conducted archeological, cultural and
historic resources review and tribal consultation according to its policies and procedures and
applicable laws,and 2) provided Sponsor with permission to begin project implementation
in the project area owned by the state or federal agency.
d. Changes to Project. RCO reserves the right to request Sponsor change its scope of work and
project outcomes to avoid, mitigate, or minimize impacts to archeological, cultural, and
historic resources.
e. Termination. RCO retains the right at any time to terminate a project due to anticipated or
actual impacts to archaeology and cultural resources.
f. Monitoring. RCO or the federal or state landowner may require on-site monitoring for
impacts to archeology and cultural resources during any demolition,construction, land
clearing, restoration, or repair work, and may direct that work stop to minimize, mitigate,or
avoid impacts to archaeology and cultural resource impacts or concerns.
g. Inadvertent Discovery Plan. The Sponsor shall request, review, and be bound by the RCO
Inadvertent Discovery Plan (IDP), and keep the IDP at the project site, make the IDP readily
available to anyone working at the.project site, discuss the IDP with staff and contractors
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2020 RCO GRANT AGREEMENT
working at the project site, and Implement the IDP when cultural resources or human
remains are found at the project site.
h. Discovery. If any archeological or historic resources are found while conducting work under
this Agreement,the Sponsor shall immediately stop work and notify the property owner,
RCO,the Department of Archaeology and Historic Preservation at (360) 586-3064, and any
affected Tribe, and stop any activity that may cause further disturbance to the archeological
or historic resources.
i. Human Remains. If any human remains are found while conducting work under this
Agreement, Sponsor shall immediately stop work and notify the local Law Enforcement
Agency or Medical Examiner/Coroner's Office,and then RCO, all in the most expeditious
manner, and stop any activity that may cause disturbance to the remains. Sponsor shall
secure the area of the find will and protect the remains from further disturbance until
the RCO provides a new notice to proceed on the project.Any human remains
discovered shall not be touched, moved, or further disturbed unless directed by RCO or
the Department of Archaeology and Historic Preservation (DAHP). The county medical
examiner/coroner will assume jurisdiction over the human skeletal remains and make a
determination of whether those remains are forensic or non-forensic. If the county
medical examiner/coroner determines the remains are non-forensic,then they will
report that finding to the Department of Archaeology and Historic Preservation (DAHP)
who will then take jurisdiction over the remains.The DAHP will notify any appropriate
cemeteries and all affected tribes of the find.The State Physical Anthropologist will
make a determination of whether the remains are Indian or Non-Indian and report that
finding to any appropriate cemeteries and the affected tribes.The DAHP will then
handle all consultation with the affected parties as to the future preservation,
excavation, and disposition of the remains.
9. Costs. Costs associated with Sponsor's responsibilities under this section of the Agreement are
eligible for reimbursement under this Agreement. Costs that exceed the budget grant amount
shall be the responsibility of the Sponsor.
10. RECORDS.
a. Digital Records. If requested by RCO,the Sponsor must provide a digital file(s) of the project
property and funded project site in a format specified by the RCO.
b. Maintenance and Retention.The Sponsor shall maintain books, records, documents, data and
other evidence relating to this Agreement and performance of the services described herein,
including but not limited to accounting procedures and practices which sufficiently and properly
reflect all direct and indirect costs of any nature expended in the performance of this
Agreement. Sponsor shall retain such records for a period of nine years from the date RCO
deems the project complete, as defined in the PROJECT REIMBURSEMENTS Section. If any
litigation, claim or audit is started before the expiration of the nine (9)year period, the records
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shall be retained until all litigation, claims, or audit findings involving the records have been
resolved.
c. In order to satisfy 15 CFR 24.42(b) & (c) and 2 CFR 200.333, for projects that contain Pacific
Coast Salmon Recovery Funds or are used as match to Pacific Coast Salmon Recovery Funds the
sponsor shall retain records for a period of nine years from the date RCO deems the project
complete as defined in the PROJECT REIMBURSEMENTS Section.
d. Access to Records and Data. At no additional cost,the records relating to the Agreement,
including materials generated under the Agreement, shall be subject at all reasonable times to
inspection, review or audit by RCO, personnel duly authorized by RCO,the Office of the State
Auditor, and federal and state officials so authorized by law, regulation or agreement.This
includes access to all information that supports the costs submitted for payment under the
grant and all findings, conclusions, and recommendations of the Sponsor's reports, including
computer models and methodology for those models.
e. Public Records. Sponsor acknowledges that the RCO is subject to RCW 42.56 and that this
Agreement and any records Sponsor submits or has submitted to the State shall be a public
record as defined in RCW 42.56. RCO administers public records requests per WAC 286-06 and
420-04 (which ever applies). Additionally,the Sponsor agrees to disclose any information in
regards to the expenditure of that funding as if the project sponsor were subject to the
requirements of chapter 42.56 RCW. By submitting any record to the State,Sponsor
understands that the State may be requested to disclose or copy that record under the state
public records law, currently codified at RCW 42.56.The Sponsor warrants that it possesses such
legal rights as are necessary to permit the State to disclose and copy such document to respond
to a request under state public records laws.The Sponsor hereby agrees to release the State
from any claims arising out of allowing such review or copying pursuant to a public records act
request, and to indemnify against any claims arising from allowing such review or copying and
pay the reasonable cost of state's defense of such claims.
11. PROJECT FUNDING.
a. Authority. This Agreement and funding is made available to Sponsor through the RCO.
b. Additional Amounts.The RCO or Funding Entity 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 RCO director and incorporated by written amendment into this
Agreement .
c. Before the Agreement. No expenditure made, or obligation incurred, by the Sponsor before the
project start date shall be eligible for grant funds, in whole or in part, unless specifically
provided for by the RCO director, such as a waiver of retroactivity or program specific eligible
pre-Agreement costs. For reimbursements of such costs,this Agreement must be fully executed
and an original received by RCO.The dollar amounts identified in this Agreement may be
reduced as necessary to exclude any such expenditure from reimbursement.
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d. Requirements for Federal Subawards. Pre-Agreement costs before the federal award date in the
FEDERAL FUND INFORMATION Section are ineligible unless approved by the federal award
agency(2 C.F.R § 200.458(2013)).
e. After the Period of Performance. No expenditure made, or obligation incurred,following the
period of performance shall be eligible, in whole or in part, for grant funds hereunder. In
addition to any remedy the RCO or Funding Entity may have under this Agreement,the grant
amounts identified in this Agreement shall be reduced to exclude any such expenditure from
participation.
12. PROJECT REIMBURSEMENTS.
a. Reimbursement Basis. This Agreement is administered on a reimbursement basis per WAC 286-
13 and/or 420-12, whichever has been designated to apply. Only the primary Sponsor may
request reimbursement for eligible and allowable costs incurred during the period of
performance.The primary Sponsor may only request reimbursement after(1)this Agreement
has been fully executed and (2)the Sponsor has remitted payment to its vendors. RCO will
authorize disbursement of project funds only on a reimbursable basis at the percentage as
defined in the PROJECT FUNDING Section. Reimbursement shall not be approved for any
expenditure not incurred by the Sponsor or for a donation used as part of its matching share.
RCO does not reimburse for donations. All reimbursement requests must include proper
documentation of expenditures as required by RCO.
b. Reimbursement Request Frequency.The primary Sponsor is required to submit a
reimbursement request to RCO, at a minimum for each project at least once a year for
reimbursable activities occurring between July 1 and June 30 or as identified in the milestones.
Sponsors must refer to the most recent applicable RCO manuals and this Agreement regarding
reimbursement requirements.
c. Compliance and Payment.The obligation of RCO to pay any amount(s) under this Agreement is
expressly conditioned on strict compliance with the terms of this Agreement and other
agreements between RCO and the Sponsor.
d. Conditions for Payment of Retainage. RCO reserves the right to withhold disbursement of the
total amount of the grant to the Sponsor until the following has occurred:
i. RCO has accepted the project as a completed project,which acceptance shall
not be unreasonably withheld.
ii. On-site signs are in place (if applicable); Any other required documents and
media are complete and submitted to RCO;Grant related fiscal transactions are
complete, and
iii. RCO has accepted a final boundary map of the project area for which the
Agreement terms will apply in the future.
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iv. A Notice of Grant for any property rights acquired or donated (if applicable)
have been filed with the county lands records office (or United State
Government) and a stamped copy received by RCO, and any property rights
owned to RCO have been likewise recorded.
e. Requirements for Federal Subawards: Match.The Sponsor's matching share must comply with 2
C.F.R. § 200.306 (2013).Any shared costs or matching funds and all contributions, including cash
and third-party in-kind contributions, can be accepted as part of the Sponsor's matching share
when such contributions meet all of the following criteria:
i. Are verifiable from the non-Federal entity's (Sponsor's) records;
ii. Are not included as contributions for any other Federal award;
iii. Are necessary and reasonable for accomplishment of project or program objectives;
iv. Are allowable under 2 C.F.R. Part 200,Subpart E—Cost Principles(2013);
V. Are not paid by the Federal Government under another Federal award, except where
the Federal statute authorizing a program specifically provides that Federal funds made
available for such program can be applied to matching or cost sharing requirements of
other Federal programs;
vi. Are provided for in the approved budget when required by the Federal awarding agency
identified in the FEDERAL FUND INFORMATION Section of this Agreement; and
vii. Conform to other provisions of 2 C.F.R. Part 200, Subpart D—Post Federal Award
Requirements(2013), as applicable.
f. Requirements for Federal Subawards: Close out. Per 2 C.F.R§ 200.343 (2013),the non-Federal
entity(Sponsor) must:
i. Submit, no later than 90 calendar days after the end date of the period of performance,
all financial, performance, and other reports as required by the terms and conditions of
the Federal award.The Federal awarding agency or pass-through entity(RCO) may
approve extensions when requested by the Sponsor.
ii. Liquidate all obligations incurred under the Federal award not later than 90 calendar
days after the end date of the period of performance as specified in the terms and
conditions of the Federal award.
iii. Refund any balances of unobligated cash that the Federal awarding agency or pass-
through entity (RCO) paid in advance or paid and that are not authorized to be retained
by the non-Federal entity(Sponsor)for use in other projects. See OMB Circular A-129
and see 2 C.F.R§ 200.345 Collection of amounts due (2013),for requirements regarding
unreturned amounts that become delinquent debts.
iv. Account for any real and personal property acquired with Federal funds or received
from the Federal Government in accordance with 2 C.F.R §§ 200.310 Insurance coverage
through 200.316 Property rust relationship and 200.329 Reporting on real property
(2013).
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13. ADVANCE PAYMENTS.
Advance payments of or in anticipation of goods or services are not allowed unless approved by the RCO
director and are consistent with legal requirements and Manual 8: Reimbursements.
14. RECOVERY OF PAYMENTS.
a. Recovery for Noncompliance. In the event that the Sponsor fails to expend funds under this
Agreement in accordance with state and federal laws, and/or the provisions of the Agreement,
or meet its percentage of the project total, RCO reserves the right to recover grant award funds
in the amount equivalent to the extent of noncompliance in addition to any other remedies
available at law or in equity.
b. Return of Overpayments.The Sponsor shall reimburse RCO for any overpayment or erroneous
payments made under the Agreement. Repayment by the Sponsor of such funds under this
recovery provision shall occur within 30 days of demand by RCO. Interest shall accrue at the rate
of twelve percent(12%) per annum from the time the Sponsor received such overpayment.
Unless the overpayment is due to an error of RCO,the payment shall be due and owing on the
date that the Sponsor receives the overpayment from the RCO. If the payment is due to an
error of RCO, it shall be due and owing 30 days after demand by RCO for refund.
c. Requirements for Federal Subawards. RCO, acting as a pass-through entity, may impose any of
the remedies as authorized in 2 C.F.R§§ 200.207 Specific conditions and/or 200.338 Remedies
for noncompliance (2013).
15. COVENANT AGAINST CONTINGENT FEES.
The Sponsor warrants that no person or selling agent has been employed or retained to solicit or secure
this Agreement on an agreement or understanding for a commission, percentage, brokerage or
contingent fee, excepting bona fide employees or bona fide established agents maintained by the
Sponsor for the purpose of securing business. RCO shall have the right, in the event of breach of this
clause by the Sponsor,to terminate this Agreement without liability or, in its discretion,to deduct from
the Agreement grant amount or consideration or recover by other means the full amount of such
commission, percentage, brokerage or contingent fee.
16. INCOME(AND FEES)AND USE OF INCOME.
See WAC 286-13-110 for additional requirements for projects funded from the RCFB.
Income.
a. Farm and Forest Account (Farmland and Forestland Preservation Grants). Excepted from this
section is income generated and fees paid on/for properties which received funds from the
Farm and Forest Account (RCW 79A.15.130).
b. Firearms and Archery Range Recreation Projects. Excepted from this section are safety classes
(firearm and/or hunter)for which a facility/range fee must not be charged (RCW 79A.25.210).
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c. Compatible source.The source of any income generated in a funded project or project area
must be compatible with the funding source and the Agreement and any applicable manuals,
RCWs, and WACs.
d. Use of Income. Subject to any limitations contained in applicable state or federal law and
applicable rules and policies, income or fees generated at a project work site (including
entrance, utility corridor permit, cattle grazing,timber harvesting, farming, rent,franchise fees,
ecosystem services, etc.) during or after the reimbursement period cited in the Agreement,
must be used to offset:
i. The Sponsor's matching resources;
ii. The project's total cost;
iii. The expense of operation, maintenance, stewardship, monitoring, and/or repair of the
facility or program assisted by the grant funding;
iv. The expense of operation, maintenance, stewardship, monitoring, and/or repair of
other similar units in the Sponsor's system;
V. Capital expenses for similar acquisition and/or development and renovation; and/or
vi. Other purposes explicitly approved by RCO.
e. Fees. User and/or other fees may be charged in connection with land acquired or facilities
developed, maintained, renovated, or restored and shall be consistent with the:
i. Grant program laws, rules,and applicable manuals;
ii. Value of any service(s)furnished;
iii. Value of any opportunities furnished; and
iv. Prevailing range of public fees in the state for the activity involved.
f. Requirements for Federal Subawards.Sponsors must also comply with 2 C.F.R. § 200.307
Program income (2013).
17. PROCUREMENT REQUIREMENTS.
a. Procurement Requirements. If the Sponsor has, or is required to have, a procurement process
that follows applicable state and/or federal law or procurement rules and principles, it must be
followed, documented, and retained. If no such process exists the Sponsor must follow these
minimum procedures:
i. Publish a notice to the public requesting bids/proposals for the project;
ii. Specify in the notice the date for submittal of bids/proposals;
iii. Specify in the notice the general procedure and criteria for selection; and
iv. Sponsor must contract or hire from within its bid pool. If bids are unacceptable the
process needs to be repeated until a suitable bid is selected.
V. Comply with the same legal standards regarding unlawful discrimination based upon
race,gender, ethnicity,sex,or sex-orientation that are applicable to state agencies in
selecting a bidder or proposer. Alternatively,Sponsor may choose a bid from a bidding
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2020 RCO GRANT AGREEMENT
cooperative if authorized to do so.This procedure creates no rights for the benefit of
third parties, including any proposers, and may not be enforced or subject to review of
any kind or manner by any entity other than the RCO.Sponsors may be required to
certify to the RCO that they have followed any applicable state and/or federal
procedures or the above minimum procedure where state or federal procedures do not
apply.
b. Requirements for Federal Subawards.
i. For all Federal subawards, non-Federal entities(Sponsors) must follow 2 C.F.R §§ 200.318
General procurement standards through 200.326 Contract Provisions(2013).
ii. For RTP subawards, Sponsors shall follow such policies and procedures allowed by the State
when procuring property and services under a Federal award (2 C.F.R§ 1201.317(2013)).
18. TREATMENT OF EQUIPMENT AND ASSETS.
a. Equipment shall be used and managed only for the purpose of this Agreement, unless
otherwise provided herein or in the applicable manuals, or approved by RCO in writing.
b. Discontinued Use. Equipment obtained under this Agreement shall remain in the possession of
the Sponsor for the duration of the project,or RULES of applicable grant assisted program.
When the Sponsor discontinues use of the equipment for the purpose for which it was funded,
RCO may require the Sponsor to deliver the equipment to RCO, or to dispose of the equipment
according to RCO published policies.
c. Loss or Damage.The Sponsor shall be responsible for any loss or damage to equipment.
d. Requirements for Federal Subawards. Procedures for managing equipment (including
replacement equipment),whether acquired in whole or in part under a Federal award or match
for the award, until disposition takes place will, at a minimum, meet the following requirements
(2 C.F.R§ 200.313 (2013)):
i. Property records must be maintained that include a description of the property, a serial
number or other identification number,the source of funding for the property(including the
Federal Award Identification Number), who holds title,the acquisition date, and cost of the
property, percentage of Federal participation in the project costs for the Federal award
under which the property was acquired,the location, use and condition of the property, and
any ultimate disposition data including the date of disposal and sale price of the property.
ii. A physical inventory of the property must be taken and the results reconciled with the
property records at least once every two years.
iii. A control system must be developed to ensure adequate safeguards to prevent loss,
damage, or theft of the property.Any loss, damage, or theft must be investigated.
iv. Adequate maintenance procedures must be developed to keep the property in good
condition.
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2020 RCO GRANT AGREEMENT
V. If the non-Federal entity is authorized or required to sell the property, proper sales
procedures must be established to ensure the highest possible return.
e. Requirements for RTP Subawards.
i. The subrecipient (Sponsor)shall follow such policies and procedures prescribed by and
allowed by the State, as well as federal law and federal rules issued by the Federal Highways
Administration and 2 CFR 200.
19. RIGHT OF INSPECTION.
The Sponsor shall provide right of access to the project to RCO, or any of its officers, or to any other
authorized agent or official of the state of Washington or the federal government, at all reasonable
times, in order to monitor and evaluate performance, long-term obligations, compliance, and/or quality
assurance under this Agreement. If a landowner agreement or other form of control and tenure limits
access to the project area, it must include (or be amended to include)the RCO's right to inspect and
access lands acquired or developed with this funding assistance.
20. STEWARDSHIP AND MONITORING.
Sponsor agrees to perform monitoring and stewardship functions as stated in the applicable WACs and
manuals,this Agreement, or as otherwise directed by RCO consistent with the existing laws and
applicable manuals. Sponsor further agrees to utilize,where applicable and financially feasible, any
monitoring protocols recommended by the RCO; provided that RCO does not represent that any
monitoring it may recommend will be adequate to reasonably assure project performance or safety. It
is the sole responsibility of the Sponsor to perform such additional monitoring as may be adequate for
such purposes.
21. PREFERENCES FOR RESIDENTS.
Sponsors shall not express a preference for users of grant assisted projects on the basis of residence
(including preferential reservation, membership, and/or permit systems)except that reasonable
differences in admission and other fees may be maintained on the basis of residence. Fees for
nonresidents must not exceed twice the fee imposed on residents. Where there is no fee for residents,
but a fee is charged to nonresidents,the nonresident fee shall not exceed the amount that would be
imposed on residents at comparable state or local public facilities.
22. ACKNOWLEDGMENT AND SIGNS.
a. Publications.The Sponsor shall include language which acknowledges the funding contribution
of the applicable grant program to this project in any release or other publication developed or
modified for, or referring to,the project during the project period and in the future.
b. Signs.
i. During the period of performance through the period of long-term obligation,the Sponsor
shall post openly visible signs or other appropriate media at entrances and other locations
on the project area that acknowledge the applicable grant program's funding contribution,
unless waived by the director; and
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2020 RCO GRANT AGREEMENT
ii. During the period of long-term obligations,the Sponsor shall post openly visible signs or
other appropriate media at entrances and other locations to notify the public of the
availability of the site for reasonable public access.
c. Ceremonies.The Sponsor shall notify RCO no later than two weeks before a dedication
ceremony for this project.The Sponsor shall verbally acknowledge the applicable grant
program's funding contribution at all dedication ceremonies and in all advertisements and
mailings thereof, and any and all of its related digital media publications.
d. Federally Funded Projects.When issuing statements, press releases, requests for proposals, bid
solicitations, and other documents describing a project funded in whole or in part with federal
money provided for in this grant,Sponsors shall clearly state:
i. The fund source;
ii. The percentage of the total costs of the project that is financed with federal money;
iii. The dollar amount of federal funds for the project; and
iv. The percentage and dollar amount of the total costs of the project that is financed by
nongovernmental sources.
23. PROVISIONS APPLYING TO DEVELOPMENT,MAINTENANCE,RENOVATION,AND RESTORATION
PROJECTS.
a. The following provisions shall be in force:
i. Operations and Maintenance. Properties, structures,and facilities developed, maintained,
or operated with the assistance of money granted per this Agreement and within the
project area shall be built, operated, and maintained according to applicable regulations,
laws, building codes, and health and public safety standards to assure a reasonably safe
condition and to prevent premature deterioration. It is the Sponsor's sole responsibility to
ensure the same are operated and maintained in a safe and operable condition.The RCO
does not conduct safety inspections or employ or train staff for that purpose.
ii. Document Review and Approval. Prior to commencing construction or finalizing the design,
the Sponsor agrees to submit one copy of all construction and restoration plans and
specifications to RCO for review solely for compliance with the scope of work to be
identified in the Agreement. RCO does not review for, and disclaims any responsibility to
review for safety, suitability, engineering, compliance with code, or any matters other than
the scope so identified. Although RCO staff may provide tentative guidance to a Sponsor on
matters related to site accessibility by persons with a disability, it is the Sponsor's
responsibility to confirm that all legal requirements for accessibility are met even if the RCO
guidance would not meet such requirements.
b. Change orders that impact the amount of funding or changes to the scope of the project as
described to and approved by the RCO must receive prior written approval of the RCO.
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c. Control and Tenure. The Sponsor must provide documentation that shows appropriate tenure
and term (such as long-term lease, perpetual or long-term easement, or perpetual or long-term
fee simple ownership, or landowner agreement or interagency agreement for the land proposed
for construction, renovation, or restoration. The documentation must meet current RCO
requirements identified in this Agreement as of the effective date of this Agreement unless
otherwise provided in any applicable manual, RCW,WAC, or as approved by the RCO.
d. Use of Best Management Practices.Sponsors are encouraged to use best management practices
including those developed as part of the Washington State Aquatic Habitat Guidelines (AHG)
Program.AHG documents include "Integrated Streambank Protection Guidelines', 2002; "Land
Use Planning for Salmon, Steelhead and Trout:A land use planner's guide to salmonid habitat
protection and recovery", 2009", "Protecting Nearshore Habitat and Functions in Puget Sound",
2010; "Stream Habitat Restoration Guidelines", 2012; "Water Crossing Design Guidelines", 2013;
and "Marine Shoreline Design Guidelines", 2014.These documents, along with new and
updated guidance documents, and other information are available on the AHG Web site.
Sponsors are also encouraged to use best management practices developed by the Washington
Invasive Species Council (WISC) described in "Reducing Accidental Introductions of Invasive
Species" which is available on the WISC Web site.
e. At no time shall the Sponsor design, construct, or operate this grant funded project in a way that
unreasonably puts the public, itself,or others at risk of injury or property damage. The Sponsor
agrees and acknowledges that the Sponsor is solely responsible for safety and risk associated
with the project,that RCO does not have expertise, capacity, or a mission to review, monitor, or
inspect for safety and risk,that no expectation exists that RCO will do so, and that RCO is in no
way responsible for any risks associated with the project.
24. PROVISIONS APPLYING TO ACQUISITION PROJECTS.
a. The following provisions shall be in force:
i. Evidence of Land Value. Before disbursement of funds by RCO as provided under this
Agreement,the Sponsor agrees to supply documentation acceptable to RCO that the cost of
the property rights acquired has been established according to all applicable manuals and
RCWs or WACs.
ii. Evidence of Title.The Sponsor agrees to provide documentation that shows the type of
ownership interest for the property that has been acquired.This shall be done before any
payment of financial assistance.
iii. Legal Description of Real Property Rights Acquired.The legal description of any real property
rights purchased with funding assistance provided through this Agreement(and protected
by a recorded conveyance of rights to the State of Washington) shall be delivered to RCO
before final payment.
iv. Conveyance of Rights to the State of Washington.When real property rights(both fee
simple and lesser interests) are acquired,the Sponsor agrees to execute an appropriate
document (provided or approved by RCO) conveying certain rights and responsibilities to
RCO or the Funding Entity on behalf of the State of Washington or another agency of the
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2020 RCO GRANT AGREEMENT
state,or federal agency, or other organization. These documents include a Deed of Right,
Assignment of Rights, Easements and/or Leases as described below.The Sponsor agrees to
use document language provided by RCO,to record the executed document in the County
where the real property lies, and to provide a copy of the recorded document to RCO. The
document required will vary depending on the project type,the real property rights being
acquired and whether or not those rights are being acquired in perpetuity.
V. Deed of Right.The Deed of Right as described in RCO Manual#3 conveys to the people of
the state of Washington the right to preserve, protect, access, and/or use the property for
public purposes consistent with the funding source and project agreement. Sponsors shall
use this document when acquiring real property rights that include the underlying land.This
document may also be applicable for those easements where the Sponsor has acquired a
perpetual easement for public purposes.
vi. Assignment of Rights.The Assignment of Rights as described in RCO Manual#3 document
transfers certain rights to RCO and the state such as public access,access for compliance,
and enforcement. Sponsors shall use this document when an easement or lease is being
acquired under this Agreement.The Assignment of Rights requires the signature of the
underlying landowner and must be incorporated by reference in the easement document.
vii. Easements and Leases.The Sponsor may incorporate required language from the Deed of
Right or Assignment of Rights directly into the easement or lease document,thereby
eliminating the requirement for a separate document. Language will depend on the
situation; Sponsor must obtain RCO approval on the draft language prior to executing the
easement or lease.
viii. Real Property Acquisition and Relocation Assistance. In the event that housing and
relocation costs and procedures are required by local, state,tribal, or federal law, or rule;
the Sponsor agrees to provide such housing and relocation assistance as a condition of the
Agreement and receiving grant funds.
b. Buildings and Structures. In general,grant funds are to be used for outdoor recreation,
conservation, or salmon recovery.Sponsors agree to remove or demolish ineligible structures.
Sponsor must consult with RCO regarding treatment of such structures and compliance with
COMPLIANCE WITH APPLICABLE LAW SECTION,Archeological and Cultural Resources paragraph.
c. Hazardous Substances.
i. Certification.The Sponsor shall inspect, investigate, and conduct an environmental audit
of the proposed acquisition site for the presence of hazardous substances, as defined in
RCW 70.105D.020(13), and certify:
ii. No hazardous substances were found on the site, or
iii. Any hazardous substances found have been treated and/or disposed of in compliance
with applicable state and federal laws, and the site deemed "clean."
iv. Responsibility. Nothing in this provision alters the Sponsor's duties and liabilities
regarding hazardous substances as set forth in RCW 70.105D.
V. Hold Harmless.The Sponsor will defend, protect and hold harmless the State and any
and all of its employees and/or agents,from and against any and all liability, cost
(including but not limited to all costs of defense and attorneys'fees) and any and all loss
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2020 RCO GRANT AGREEMENT
of any nature from any and all claims or suits resulting from the presence of, or the
release or threatened release of, hazardous substances on the property the Sponsor is
acquiring, except to the extent, if any, that the State, its officers and agents caused or
contributed to the release .The Funding Entity and RCO are included within the term
State, as are all other agencies, departments, boards, councils, committees,divisions,
bureaus, offices, societies, or other entities of state government.
d. Requirements for Federal Subawards.The non-federal entity(Sponsor) must submit reports the
federal funding agency,through RCO, at least annually on the status of real property in which
the federal government retains an interest, unless the federal interest in the real property
extends 15 years or longer. In those instances where the federal interest attached is for a period
of 15 years or more,the federal awarding agency or the pass-through entity(RCO), at its option,
may require the Sponsor to report at various multi-year frequencies(e.g., every two years or
every three years, not to exceed a five-year reporting period;or a federal awarding agency or
RCO may require annual reporting for the first three years of a federal award and thereafter
require reporting every five years) (2 C.F.R§ 200.329(2013)).
e. Developing and Restoring Purchased Property. If the Sponsor intends to develop or restore the
property acquired it shall do so within the timeline and deadline provided by the funding
program or board policies that apply to the grant funded project,or as provided for in this
Agreement.
25. LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS.
a. Long-Term Obligations.This section applies to completed projects only.
b. Perpetuity. For acquisition,development,and restoration projects, or a combination thereof,
unless otherwise allowed by applicable manual, policy, program rules, or this Agreement, or
approved in writing by RCO. The RCO requires that the project area continue to function for the
purposes for which these grant funds were approved, in perpetuity.
c. Conversion.The Sponsor shall not at anytime convert any real property(including any interest
therein) or facility acquired, developed, renovated, and/or restored pursuant to this
Agreement, unless provided for in applicable statutes, rules, and policies. Conversion includes,
but is not limited to, putting such property(or a portion of it)to uses other than those purposes
for which funds were approved or transferring such property to another entity without prior
approval via a written amendment to the Agreement.All real property or facilities acquired,
developed, renovated, and/or restored with funding assistance shall remain in the same
ownership and in public use/access status in perpetuity unless otherwise expressly provided in
the Agreement or applicable policies or unless a transfer or change in use is approved by the
RCO through an amendment. Failure to comply with these obligations is a conversion. Further, if
the project is subject to operation and or maintenance obligations,the failure to comply with
such obligations, without cure after a reasonable period as determined by the RCO, is a
conversion. Determination of whether a conversion has occurred shall be based upon all terms
of the Agreement, and all applicable state of federal laws or regulation.
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i. For acquisition projects that are expressly term-limited in the Agreement,the restriction on
conversion shall apply only for the length of the term, unless otherwise provided by this
Agreement and incorporated documents, WACs, or any applicable state or federal law or
regulation.
ii. When a conversion has been determined to have occurred,the Sponsor shall remedy the
conversion as set forth in this Agreement(with incorporated documents) and as required by
all applicable policies, manuals, WACs and laws that exist at the time the remedy is
implemented or the right to the remedy is established by a court or other decision-making
body, and the RCO may pursue all remedies as allowed by the Agreement or law.
26. CONSTRUCTION,OPERATION, USE,AND MAINTENANCE OF ASSISTED PROJECTS.
a. The following provisions shall be in force for this agreement:
i. Property and facility operation and maintenance.Sponsor must ensure that properties or
facilities assisted with the grant funds, including undeveloped sites,are built, operated,
used, and maintained:
a. According to applicable federal, state, and local laws and regulations, including
public health standards and building codes;
b. In a reasonably safe condition for the project's intended use;
c. Throughout its estimated useful service life so as to prevent undue deterioration;
d. In compliance with all federal and state nondiscrimination laws, regulations and
policies.
ii. Open to the public. Unless otherwise specifically provided for in the Agreement,and in
compliance with applicable statutes, rules, and applicable WACs and manuals,facilities must
be open and accessible to the general public, and must:
a. Be constructed, maintained, and operated to meet or exceed the minimum
requirements of the most current guidelines or rules, local or state codes, Uniform
Federal Accessibility Standards, guidelines, or rules, including but not limited to:the
International Building Code,the Americans with Disabilities Act, and the
Architectural Barriers Act,as amended and updated.
b. Appear attractive and inviting to the public except for brief installation,
construction, or maintenance periods.
c. Be available for appropriate use by the general public at reasonable hours and times
of the year, according to the type of area or facility, unless otherwise stated in RCO
manuals or, by a decision of the RCO director in writing. Sponsor shall notify the
public of the availability for use by posting and updating that information on its
website and by maintaining at entrances and/or other locations openly visible signs
with such information.
i
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27. RECORDED NOTICE OF GRANT.
At the request of RCO, another state agency, or a federal agency, Sponsor shall record a notice of grant
on property subject to this Agreement and shall submit to the RCO a recorded and registry stamped
copy of such notice.The purpose of the notice of grant is to provide constructive notice of the grant and
project and to ensure that the present and future use of the project area is and shall remain subject to
the terms and conditions described in this Agreement.The notice of grant shall be in a format specified
by RCO.
28. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT)SPONSORS.
a. A corporate Sponsor, including any nonprofit Sponsor, shall:
i. Maintain corporate status with the state, including registering with the Washington
Secretary of State's office,throughout the Sponsor's obligation to the project as identified in
the Agreement.
ii. Notify RCO before corporate dissolution at any time during the period of performance or
long-term obligations. Within 30 days of dissolution the Sponsor shall name a qualified
successor that will agree in writing to assume any on-going project responsibilities, and
transfer all property and assets to the successor. A qualified successor is any party eligible to
apply for funds in the subject grant program and capable of complying with the terms and
conditions of this Agreement. RCO will process an amendment transferring the Sponsor's
obligation to the qualified successor if requirements are met.
iii. Maintain sites or facilities open to the public and may not limit access to members.
29. PROVISIONS FOR FEDERAL SUBAWARDS.
The following provisions shall be in force for this agreement:
a. Sub-Recipient(Sponsor) must comply with the cost principles of 2 C.F.R. Part 200 Subpart E
(2013). Unless otherwise indicated,the cost principles apply to the use of funds provided under
this Agreement to include match and any in-kind matching donations.The applicability of the
cost principles depends on the type of organization incurring the costs.
b. Binding Official. Per 2 CFR 200.415, Sponsor certifies through its actions or those of authorized
staff, at the time of a request for reimbursement,the following: "To the best of my knowledge
and belief that the report is true, complete, and accurate, and the expenditures,disbursements
and cash receipts are for the purposes and objectives set forth in the terms and conditions of
the Federal award. I am aware that any false, fictitious, or fraudulent information, or the
omission of any material fact, may subject me to criminal, civil or administrative penalties for
fraud, false statements, false claims or otherwise. (U.S. Code Title 18,Section 1001 and Title 31,
Sections 3729-3730 and 3801-3812)."
c. Equal Employment Opportunity. Except as otherwise provided under 41 C.F.R. Part 60, all
contracts that meet the definition of"federally assisted construction contract" in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60-1.4(b), in
accordance with Executive Order 11246, Equal Employment Opportunity(30 Fed. Reg. 12319,
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12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,
Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing
regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor).See 2 C.F.R. Part 200,Appendix II, paragraph C.
d. Federally Assisted Construction Contract.The regulation at 41 C.F.R. § 60-1.3 defines a
"federally assisted construction contract" as any agreement or modification thereof between
any applicant and a person for construction work which is paid for in whole or in part with funds
obtained from the Government or borrowed on the credit of the Government pursuant to any
Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken
pursuant to any Federal program involving such grant,contract, loan, insurance, or guarantee,
or any application or modification thereof approved by the Government for a grant, contract,
loan, insurance, or guarantee under which the applicant itself participates in the construction
work.
e. Construction Work.The regulation at 41 C.F.R. § 60-1.3 defines"construction work" as the
construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings,
highways,or other changes or improvements to real property, including facilities providing
utility services.The term also includes the supervision, inspection, and other onsite functions
incidental to the actual construction.
f. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148).When required by federal program
legislation, all prime construction contracts in excess of$2,000 awarded by non-federal entities
(Sponsors) must include a provision for compliance with the Davis-Bacon Act(40 U.S.C. 3141-
3148) as supplemented by Department of Labor regulations(29 C.F.R. § 5, "Labor Standards
Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In
accordance with the statute, contractors must be required to pay wages to laborers and
mechanics at a rate not less than the prevailing wages specified in a wage determination made
by the Secretary of Labor. In addition, contractors must be required to pay wages not less than
once a week.The non-federal entity(Sponsor) must place a copy of the current prevailing wage
determination issued by the Department of Labor in each solicitation.The decision to award a
contract or subcontract must be conditioned upon the acceptance of the wage determination.
The non-Federal entity(Sponsor) must report all suspected or reported violations to the federal
awarding agency identified in the Federal Fund Information Section.The contracts must also
include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S. C. 3145), as
supplemented by Department of Labor regulations(29 C.F.R Part 3, "Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States").The Act provides that each contractor or subrecipient(Sponsor)
must be prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work,to give up any part of the compensation to which he or she
is otherwise entitled.The non-Federal entity (Sponsor) must report all suspected or reported
violations to the Federal awarding agency identified in Section H: FEDERAL FUND
INFORMATION.
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g. Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708). Where applicable, all
contracts awarded by the non-federal entity(Sponsor) in excess of$100,000 that involve the
employment of mechanics or laborers must include a provision for compliance with 40 U.S.C.
3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under
40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the
standard work week is permissible provided that the worker is compensated at a rate of not less
than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the
work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and
provide that no laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous.These requirements do not apply to
the purchases of supplies or materials or articles ordinarily available on the open market, or
contracts for transportation or transmission of intelligence.
h. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the
definition of"funding agreement" under 37 C.F.R§401.2(a) and the recipient or subrecipient
(Sponsor) wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that"funding agreement,"the recipient or subrecipient
(Sponsor) must comply with the requirements of 37 C.F.R Part 401, "Rights to Inventions Made
by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements," and any implementing regulations issued by the awarding agency.
i. Clean Air Act(42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act(33 U.S.C.
1251-1387), as Amended. Contracts and subgrants of amounts in excess of$150,000 must
contain a provision that requires the non-Federal award to agree to comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q) and
the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).Violations must be
reported to the Federal awarding agency identified in Section H: FEDERAL FUND INFORMATION
and the Regional Office of the Environmental Protection Agency(EPA).
j. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352). By signing this Agreement,the Sponsor
certifies(per the certification requirements of 31 U.S.C.)that none of the funds that the Sponsor
has (directly or indirectly) received or will receive for this project from the United States or any
agency thereof, have been used or shall be used to engage in the lobbying of the Federal
Government or in litigation against the United States.Such lobbying includes any influence or
attempt to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this project.
Contractors that apply or bid for an award exceeding$100,000 must file the required
certification. Each tier certifies to the tier above that it will not and has not used federal
appropriated funds to pay any person or organization for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, officer or employee of Congress,
or an employee of a member of Congress in connection with obtaining any federal contract,
grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying
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with non-federal funds that takes place in connection with obtaining any federal award.Such
disclosures are forwarded from tier-to-tier up to the non-federal award.
k. Procurement of Recovered Materials.A non-federal entity (Sponsor)that is a state agency or
agency of a political subdivision of a state and its contractors must comply with section 6002 of
the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act.The
requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 C.F.R part 247 that contain the highest percentage
of recovered materials practicable, consistent with maintaining a satisfactory level of
competition,where the purchase price of the item exceeds$10,000 or the value of the quantity
acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management
services in a manner that maximizes energy and resource recovery;and establishing an
affirmative procurement program for procurement of recovered materials identified in the EPA
guidelines.
1. Required Insurance.The non-federal entity(Sponsor) must,at a minimum, provide the
equivalent insurance coverage for real property and equipment acquired or improved with
federal funds as provided to property owned by the non-federal entity. Federally-owned
property need not be insured unless required by the terms and conditions of the Federal award
(2 C.F.R§ 200.310 (2013)).
m. Debarment and Suspension (Executive Orders 12549 and 12689).The Sponsor must not award a
contract to parties listed on the government-wide exclusions in the System for Award
Management(SAM), in accordance with the Office of Management and Budget (OMB)
guidelines at 2 C.F.R§ 180 that implement Executive Orders 12549 (3 C.F.R part 1986 Comp., p.
189) and 12689 (3 C.F.R part 1989 Comp., p. 235), "Debarment and Suspension."SAM Exclusions
contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well
as parties declared ineligible under statutory or regulatory authority other than Executive Order
12549.
n. Conflict of Interest. Sponsor agrees to abide by the conflict of interest policy and requirements
of the federal funding agency established pursuant to 2 C.F.R 200.
30. PROVISIONS FOR BOATING INFRASTRUCTURE GRANTS.
Use of Sport Fish Restoration Logo. Per 50 CFR 86 Sec 75 and 76,the user of the logo must indemnify
and defend the United States and hold it harmless from any claims, suits, losses,and damages from; any
allegedly unauthorized use of any patent, process, idea, method, or device by the user in connection
with its use of the logo, or any other alleged action of the user; and any claims, suits, losses, and
damages arising from alleged defects in the articles or services associated with the logo. No one may use
any part of the logo in any other manner unless the United States Fish and Wildlife Service's Assistant
Director for Wildlife and Sport Fish Restoration or Regional Director approves in writing.
31. PROVISIONS FOR FIREARMS AND ARCHERY RANGE RECREATION PROJECTS.
The following provisions shall be in force for this agreement:
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2020 RCO GRANT AGREEMENT
a. Liability Insurance.The Sponsor of a firearms or archery range recreation project shall procure
an endorsement, or other addition,to liability insurance it carries, or shall procure a new policy
of liability insurance, in a total coverage amount the Sponsor deems adequate to ensure it will
have resources to pay successful claims of people who may be killed or injured,or suffer
damage to property,while present at the range facility to which this grant is related, or by
reason of being in the vicinity of that facility; provided that the coverage shall be at least one
million dollars($1,000,000)for the death of, or injury to, each person.
b. Insurance Endorsement.The liability insurance policy, including any endorsement or addition,
shall name Washington State,the funding board, and RCO as additional insured and shall be in a
form approved by the funding board or director.
c. Length of Insurance.The policy, endorsement or other addition, or a similar liability insurance
policy meeting the requirements of this section, shall be kept in force throughout the Sponsor's
obligation to the project as identified in this Agreement.
d. Notice of Cancellation.The policy, as modified by any endorsement or other addition, shall
provide that the issuing company shall give written notice to RCO not less than thirty (30)
calendar days in advance of any cancellation of the policy by the insurer, and within ten (10)
calendar days following any termination of the policy by the Sponsor.
e. Government Agencies.The requirement of Subsection a through d above shall not apply if the
Sponsor is a federal, state, or municipal government which has established an adequate
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 to the RCO.
f. Sole Duty of the Sponsor. By this requirement,the funding board and RCO does undertake to
review, approve, or monitor the safety of the design, construction,or operation of the project
and does not assume any duty to any individual person with respect to death, injury, or damage
to property which that person may suffer as a result of the project which this grant relates. Any
such person, or any other person making claims based on such death, injury,or damage, must
look to the Sponsor, or others,for any and all remedies that may be available by law.
32. PROVISIONS FOR LAND AND WATER CONSERVATION FUND PROJECTS.
This project has been approved by the National Park Service, US Department of the Interior,for funding
assistance from the federal Land and Water Conservation Fund (LWCF),therefore the"Land and Water
Conservation Fund General Provisions" are made part of this Agreement and incorporated herein.The
Sponsor shall abide by these LWCF General Provisions, in addition to this Agreement, as they now exist
or are hereafter amended. Further,the Sponsor agrees to provide RCO with reports or documents
needed to meet the requirements of the LWCF General Provisions.
I
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33. PROVISIONS FOR FARMLAND AND FORESTLAND PRESERVATION PROJECTS.
The following sections of this Agreement shall not apply if they are included and covered separately in a
recorded RCO-approved Agricultural Conservation Easement, or Forest Conservation Easement(or other
method):
a. Income and Income Use;Stewardship and Monitoring;Acknowledgement and Signs; Provisions
Applying To Acquisition Projects: Conveyance of Rights to the State of Washington, Building and
Structures, and Hazardous Substances; Long-Term Obligations of the Projects and Sponsors:
Perpetuity; and Construction, Operation, Use and Maintenance of Assisted Projects.
34. PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS.
For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the
Sponsor shall not commence with clearing of riparian trees or in-water work unless either the Sponsor
has complied with 50 C.F.R. § 223.203 (b)(8) (2000), limit 8 or until an Endangered Species Act
consultation is finalized in writing by the National Oceanic and Atmospheric Administration.Violation of
this requirement may be grounds for terminating this Agreement.This section shall not be the basis for
any enforcement responsibility by RCO.
35. PROVISIONS FOR PUGET SOUND ACQUISITION AND RESTORATION PROJECTS.
The following provisions shall be in force for this Agreement if the project is funded in part or wholly
from the Puget Sound Acquisition and Restoration program. The Sponsor agrees to the following terms
and conditions:
a. Cost Principles/Indirect Costs For State Agencies. GRANT RECIPIENT agrees to comply with the
cost principles of 2 CFR 200 Subpart E as appropriate to the award. In addition to the US
Environmental Protection Agency's General Terms and Conditions"Indirect Cost Rate
Agreements," if the recipient does not have a previously established indirect cost rate, it agrees
to prepare and submit its indirect cost rate proposal in accordance with 2 CFR 200 Appendix VII.
b. Credit and Acknowledgement. In addition to the ACKNOWLEDGEMENT AND SIGNS section,
materials produced must display both the Environmental Protection Agency(EPA) and Puget
Sound Partnership(PSP) logos and the following credit line: "This project has been funded
wholly or in part by the United States Environmental Protection Agency.The contents of this
document do not necessarily reflect the views and policies of the Environmental Protection
Agency, nor does mention of trade names or commercial products constitute endorsement or
recommendation for use."This requirement is for the life of the product,whether during or
after the Agreement period of performance.
c. Hotel Motel Fire Safety Act. Sponsor agrees to ensure that all conference, meeting, convention,
or training space funded in whole or part with federal funds, complies with the federal Hotel
and Motel Fire Safety Act(PL 101-391, as amended).Sponsors may search the Hotel-Motel
National Master List @ http://www.usfa.dhs.gov/applications/hotel to see if a property is in
compliance or to find other information about the Act.
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d. Drug Free Workplace Certification. Sub-recipient(Sponsor) shall make an ongoing, good faith
effort to maintain a drug-free workplace pursuant to the specific requirements set forth in 2
C.F.R. Part 1536 Subpart B.Additionally, in accordance with these regulations,the recipient
organization shall identify all known workplaces under its federal awards, and keep this
information on file during the performance of the award.Sponsors who are individuals must
comply with the drug-free provisions set forth in 2 C.F.R. Part 1536 Subpart C.The consequences
for violating this condition are detailed under 2 C.F.R. Part 1536 Subpart E.
e. Management Fees. Management fees or similar charges in excess of the direct costs and
approved indirect rates are not allowable.The term "management fees or similar charges'
refers to the expenses added to direct costs in order to accumulate and reserve funds for
ongoing business expenses, unforeseen liabilities or for other similar costs that are not
allowable. Management fees or similar charges may not be used to improve or expand the
project funded under this Agreement,except for the extent authorized as a direct cost of
carrying out the scope of work.
f. Trafficking in Persons and Trafficking Victim Protection Act of 2000(TVPA).This provision applies
only to a sub-recipient (Sponsor), and all sub-awardees of sub-recipient (Sponsor), if any. Sub-
recipient(Sponsor)shall include the following statement in all sub-awards made to any private
entity under this Agreement: "You as the sub-recipient, your employees, sub-awardees under
this award, and sub-awardees'employees may not engage in severe forms of trafficking in
persons during the period of time that the award is in effect; procure a commercial sex act
during the period of time that the award is in effect;or use forced labor in the performance of
the award or sub-awards under this Award." The sub-recipient (Sponsor), and all sub-awardees
of sub-recipient (Sponsor) must inform RCO immediately of any information you receive from
any source alleging a violation of this prohibition during the award term. The federal agency
funding this Agreement may unilaterally terminate,without penalty,the funding award if this
prohibition is violated,Section 106 of the Trafficking Victims Protection Act of 2000, as
amended.
g. Lobbying.The chief executive officer of this recipient agency (Sponsor) shall ensure that no
grant funds awarded under this Agreement are used to engage in lobbying of the Federal
Government or in litigation against the United States, unless authorized under existing law.The
recipient (Sponsor) shall abide by its respective Cost Principles (OMB Circulars A-21,A-87, and A-
122), which generally prohibits the use of federal grant funds for litigation against the United
States, or for lobbying or other political activities. The Sponsor agrees to comply with 40 C.F.R.
Part 34, New Restrictions on Lobbying.Sponsor shall include the language of this provision in
award documents for all sub-awards exceeding$100,000, and require that sub-awardees submit
certification and disclosure forms accordingly. In accordance with the Byrd Anti-Lobbying
Amendment,any Sponsor who makes a prohibited expenditure under 40 C.F.R. Part 34 or fails
to file the required certification or lobbying forms shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each expenditure. All contracts awarded by
Sponsor shall contain,when applicable,the anti-lobbying provisions as stipulated in the
Disclosure Act Sponsor
Appendix at 40 C.F.R. Part 30. Pursuant to Section 18 of the Lobbying p
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2020 RCO GRANT AGREEMENT
affirms that it is not a non-profit organization described in Section 501(c)(4) of the Internal
Revenue Code of 1986;or that it is a non-profit organization described in Section 501(c)(4)of
the code but does not and will not engage in lobbying activities as defined in Section 3 of the
Lobbying Disclosure Act.
h. Reimbursement Limitation. If the Sponsor expends more than the amount of RCO funding in this
Agreement in anticipation of receiving additional funds from the RCO, it does so at its own risk.
RCO is not legally obligated to reimburse the Sponsor for costs incurred in excess of the RCO
approved budget.
i. Disadvantaged Business Enterprise Requirements.The Sponsor agrees to comply with the
requirements of EPA's Utilization of Small, Minority and Women's Business Enterprises in
procurements made under this award.
j. Minority and Women's Business Participation.Sponsor agrees to solicit and recruit,to the
maximum extent possible, certified minority owned (MBE) and women owned(WBE) businesses
in purchases and contracts initiated after the effective date of this Agreement.<br><br> These
goals are expressed as a percentage of the total dollars available for purchase or agreement and
are as follows: Purchased Goods 8% MBE 4%WBE; Purchased Services 10% MBE 4%WBE;
Professional Services 10%MBE 4%WBE. Meeting these goals is voluntary and no agreement
award or rejection shall be made based on achievement or non-achievement of the goals.
Achievement of the goals is encouraged, however, and Sponsor and ALL prospective bidders or
people submitting qualifications shall take the following affirmative steps in any procurement
initiated after the effective date of this Agreement:
i. Include qualified minority and women's businesses on solicitation lists.
ii. Assure that qualified minority and women's business are solicited whenever they are
potential sources of services or supplies.
iii. Divide the total requirements,when economically feasible, into smaller tasks or
quantities,to permit maximum participation by qualified minority and women's
businesses.
iv. Establish delivery schedules, where work requirements permit, which will encourage
participation of qualified minority and women's businesses.
V. Use the services and assistance of the State Office of Minority and Women's Business
Enterprises(OMWBE) and the Office of Minority Business Enterprises of the U.S.
Department of Commerce, as appropriate.
k. MBE/WBE Reporting. In accordance with the deviation from 40 C.F.R. §33.502,signed
November 8, 2013, DBE reporting is limited to annual reports and only required for assistance
agreements where one or more the following conditions are met:
I. There are any funds budgeted in the contractual/services, equipment or construction lines of
the award; and/or$3,000 or more is included for supplies; or there are funds budgeted for
subawards or loans in which the expected budget(s) meet the conditions as described in items
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2020 RCO GRANT AGREEMENT
(a) and (b).When completing the form, recipients (Sponsors) should disregard the quarterly and
semi-annual boxes in the reporting period Section 1B of the form. For annual submissions,the
reports are due by October 30th of each year or 90 days after the end of the project period,
whichever comes first.The reporting requirement is based on planned procurements. Recipients
(Sponsors) with funds budgeted for non-supply procurement and/or$3,000 or more in supplies
are required to report annually whether the planned procurements take place during the
reporting period or not. If no procurements take place during the reporting period,the recipient
should check the box in Section 5B when completing the form. MBE/WBE reports should be sent
to the DBE Coordinator in the Sponsor's region. Contact information can be found at
http://www.epa.gov/osbp/contactpage.htm.The coordinators also can answer any questions.
Final MBE/WBE reports must be submitted within 90 days after the project period of the grant
ends.To be in compliance with regulations,the Sponsor must submit a final MBE/WBE report.
Non-compliance may impact future competitive grant proposals.The current EPA Form 5700-
52A can be found at the EPA Office of Small Business Program's Home Page at
http://www.epa.govZos,bp/dbe reporting.htm.
m. Procurement involving an EPA Financial Assistance Agreement. Pursuant to 40 C.F.R. § 33.301,
the Sponsor agrees to make the following six good faith efforts whenever procuring
construction,equipment, services and supplies under an EPA financial assistance agreement,
and to require that sub-recipients (Sponsors), and prime contractors also comply. Records
documenting compliance with the six good faith efforts shall be retained.
n. Ensure Disadvantaged Business Enterprise (DBEs)are made aware of contracting opportunities
to the fullest extent practicable through outreach and recruitment activities. For State and Local
and Government Sponsors,this will include placing DBEs on solicitation lists and soliciting them
whenever they are potential sources.
o. Make information on forthcoming opportunities available to DBEs and arrange time frames for
contracts and establish delivery schedules, where the requirements permit, in a way that
encourages and facilitates participation by DBEs in the competitive process.This includes,
whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days
before the bid or proposal closing date.
p. Consider in the contracting process whether firms competing for large contracts could
subcontract with DBEs. For State and local Government Sponsors,this will include dividing total
requirements when economically feasible into smaller tasks or quantities to permit maximum
participation by DBEs in the competitive process.
q. Encourage contracting with a consortium of DBEs when an agreement is too large for one of
these firms to handle individually.
r. Use the services and assistance of the Small Business Administration (SBA)and the Minority
Business Development of the Department of Commerce.
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2020 RCO GRANT AGREEMENT
s. If the Sponsor awards subcontracts, require the Sponsor to take the steps in paragraphs(a)
through (e) of this section.
t. Lobbying& Litigation. By signing this Agreement,the Sponsor certifies that none of the funds
received from this Agreement shall be used to engage in the lobbying of the Federal
Government or in litigation against the United States unless authorized under existing law.The
chief executive officer of this Sponsor agency shall ensure that no grant funds awarded under
this Agreement are used to engage in lobbying of the Federal Government or in litigation against
the United States unless authorized under existing law.The Sponsor shall abide by its respective
Attachment in 2 C.F.R. Part 200,which prohibits the use of federal grant funds for litigation
against the United States or for lobbying or other political activities. For subawards exceeding
$100,000, EPA requires the following certification and disclosure forms:
I. Certification Regarding Lobbying, EPA Form 6600-06:
http://www.epa.gov/ogd/AppKit/form/Lobbying_sec.pdf
II. Disclosure of Lobbying Activities, SF LLL:
http://www.epa.govZogd/AppKitZform/sflllin sec.pdf
u. Legal expenses required in the administration of Federal programs are allowable. Legal expenses
for prosecution of claims against the Federal Government are unallowable.
v. Payment to Consultants. EPA participation in the salary rate (excluding overhead) paid to
individual consultants retained by recipients(Sponsors) or by a recipients' (Sponsor's)
contractors or subcontractors shall be limited to the maximum daily rate for Level IV of the
Executive Schedule (formerly GS-18),to be adjusted annually.This limit applies to consultation
services of designated individuals with specialized skills who are paid at a daily or hourly rate.
This rate does not include transportation and subsistence costs for travel performed (the
recipient will pay these in accordance with his/her normal travel reimbursement practices).
Subagreements with firms for services that are awarded using the procurement requirements in
40 C.F.R. Parts 30 or 31, are not affected by this limitation unless the terms of the contract
provide the recipient (Sponsor) with responsibility for the selection, direction and control of the
individual who will be providing services under the contract at an hourly or daily rate of
compensation. See 40 C.F.R. § 30.27(b) or 40 C.F.R. § 31.369(j), as applicable,for additional
information. As of January 1, 2020,the limit is$654.71 per day$81.83 per hour.
w. Peer Review. Where appropriate, prior to finalizing any significant technical products the
Principal Investigator(PI) of this project must solicit advice, review, and feedback from a
subject mat
ter specialists.A record of
technical review or advisory group consisting of relevant ) p
comments and a brief description of how respective comments are addressed by the PI will be
provided to the Project Monitor prior to releasing any final reports or products resulting from
the funded study.
x. International Travel (Including Canada). All International Travel must be approved by the US
Environmental Protection Agency's Office of International and Tribal Affairs(OITA) BEFORE
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travel occurs. Even a brief trip to a foreign country,for example to attend a conference, requires
OITA approval. Please contact your Partnership Project manager as soon as possible if travel is
planned out of the country, including Canada and/or Mexico, so that they can submit a request
to the EPA Project Officer if they approve of such travel.
y. Unliquidated Obligations (ULO). Sub-recipients, and all sub-awardees of Sub-Recipients, if any,
should manage their agreement and subaward funding in ways that reduce the length of time
that federal funds obligated and committed to subaward projects are unspent(not yet drawn
down through disbursements to sub-recipients and sub-awardees).
z. Light Refreshments And/Or Meals.
Unless the event(s) and all of its components are described n the approved workplan,the
recipient agrees to obtain prior approval from EPA for the use of grant funds for light
refreshments and/or meals served at meetings, conferences,training workshops,and
outreach activities (events).The recipient must send requests for approval to the EPA
Project Officer and include:
1) An estimated budget and description for the light refreshments, meals, and/or
beverages to be served at the event(s);
2) A description of the purpose, agenda, location, length and timing for the event; and,
3) An estimated number of participants in the event and a description of their roles.
Cost for light refreshments and meals for recipient staff meetings and similar day-to-day
activities are not allowable under EPA assistance agreements.
aa. State grant cybersecurity.
(a) The recipient agrees that when collecting and managing environmental data under this
assistance agreement, it will protect the data by following all applicable State law
cybersecurity requirements.
(b) (1) EPA must ensure that any connections between the recipient's network or
information system and EPA networks used by the recipient to transfer data under this
agreement, are secure.
(2)The recipient agrees that any subawards it makes under this agreement will require
the subrecipient to comply with the requirements in (b)(1) if the subrecipient's network
or information system is connected to EPA networks to transfer data to the AGecy using
systems other than the Environmental Information Exchange Network or EPA's Central
Data Exchange.
36. ORDER OF PRECEDENCE.
a. This Agreement is entered into, pursuant to, and under the authority granted by applicable
federal and state laws.The provisions of the Agreement shall be construed to conform to those
laws. In the event of a direct and irreconcilable conflict between the terms of this Agreement
and any applicable statute, rule, or policy or procedure,the conflict shall be resolved by giving
precedence in the following order:
i. Federal law and binding executive orders;
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ii. Code of federal regulations;
iii. Terms and conditions of a grant award to the state from the federal government;
iv. Federal grant program policies and procedures adopted by a federal agency that are
required to be applied by federal law;
V. State Constitution, RCW, and WAC;
vi. Agreement Terms and Conditions and Applicable Manuals
vii. Applicable deed restrictions, and/or governing documents.
37. LIMITATION OF AUTHORITY.
Only RCO's Director or RCO's delegate authorized in writing(delegation to be made prior to action) shall
have the authority to alter, amend, modify, or waive any clause or condition of this Agreement;
provided that any such alteration, amendment, modification, or waiver of any clause or condition of this
Agreement is not effective or binding unless made as a written amendment to this Agreement and
signed by the RCO Director or delegate.
38. WAIVER OF DEFAULT.
Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach
of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent
breach and shall not be construed to be a modification of the terms of the Agreement unless stated to
be such in writing, signed by the director, or the director's designee, and attached as an amendment to
the original Agreement.
39. APPLICATION REPRESENTATIONS—MISREPRESENTATIONS OR INACCURACY OR BREACH.
The Funding Entity(if different from RCO) and RCO rely on the Sponsor's application in making its
determinations as to eligibility for, selection for, and scope of, funding grants.Any misrepresentation,
error or inaccuracy in any part of the application may be deemed a breach of this Agreement.
40. SPECIFIC PERFORMANCE.
RCO may enforce this Agreement by the remedy of specific performance, which means Sponsors'
completion of the project and/or its completion of long-term obligations as described in this Agreement.
However,the remedy of specific performance shall not be the sole or exclusive remedy available to RCO.
No remedy available to the RCO shall be deemed exclusive. The RCO may elect to exercise any, a
combination of, or all of the remedies available to it under this Agreement, or under any provision of
law, common law, or equity, including but not limited to seeking full or partial repayment of the grant
amount paid and damages.
41. TERMINATION AND SUSPENSION.
a. The RCO requires strict compliance by the Sponsor with all the terms of this Agreement
including, but not limited to,the requirements of the applicable statutes, rules, and RCO
policies, and with the representations of the Sponsor in its application for a grant as finally
approved by RCO. For federal awards, notification of termination will comply with 2 C.F.R. §
200.340.
b. For Cause.
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i. The RCO director may suspend or terminate the obligation to provide funding to the
Sponsor under this Agreement:
a. If the Sponsor breaches any of the Sponsor's obligations under this Agreement;
b. If the Sponsor fails to make progress satisfactory to the RCO director toward
completion of the project by the completion date set out in this Agreement.
Included in progress is adherence to milestones and other defined deadlines; or
c. If the primary and secondary Sponsor(s) cannot mutually agree on the process and
actions needed to implement the project;
d. Prior to termination,the RCO shall notify the Sponsor in writing of the opportunity
to cure. If corrective action is not taken within 30 days or such other time period
that the director approves in writing,the Agreement may be terminated. In the
event of termination,the Sponsor shall be liable for damages or other relief as
authorized bylaw and/or this Agreement.
ii. RCO reserves the right to suspend all or part of the Agreement,withhold further payments,
or prohibit the Sponsor from incurring additional obligations of funds during the
investigation of any alleged breach and pending corrective action by the Sponsor,or a
decision by the RCO to terminate the Contract.
c. For Convenience. Except as otherwise provided in this Agreement, RCO may, by ten (10) days
written notice, beginning on the second day after the mailing,terminate this Agreement, in
whole or in part when it is in the best interest of the state. If this Agreement is so terminated,
RCO shall be liable only for payment required under the terms of this Agreement prior to the
effective date of termination. A claimed termination for cause shall be deemed to be a
"Termination for Convenience" if it is determined that:
L The Sponsor was not in default;or
ii. Failure to perform was outside Sponsor's control,fault or negligence.
d. Rights of Remedies of the RCO.
i. The rights and remedies of RCO provided in this Agreement are not exclusive and are in
addition to any other rights and remedies provided by law.
ii. In the event this Agreement is terminated by the director, after any portion of the grant
amount has been paid to the Sponsor under this Agreement,the director may require that
any amount paid be repaid to RCO for redeposit into the account from which the funds were
derived. However, any repayment shall be limited to the extent it would be inequitable and
represent a manifest injustice in circumstances where the project will fulfill its fundamental
purpose for substantially the entire period of performance and of long-term obligation.
iii. Non-Availability of Funds.The obligation of the RCO to make payments is contingent on the
availability of state and federal funds through legislative appropriation and state allotment.
If amounts sufficient to fund the grant made under this Agreement are not appropriated to
RCO for expenditure for this Agreement in any biennial fiscal period, RCO shall not be
obligated to pay any remaining unpaid portion of this grant unless and until the necessary
action by the Legislature or the Office of Financial Management occurs. If RCO participation
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2020 RCO GRANT AGREEMENT
is suspended under this section for a continuous period of one year, RCO's obligation to
provide any future funding under this Agreement shall terminate.Termination of the
Agreement under this section is not subject to appeal by the Sponsor.
iv. Suspension:The obligation of the RCO to manage contract terms and make payments is
contingent upon the state appropriating state and federal funding each biennium. In the
event the state is unable to appropriate such funds by the first day of each new biennium
RCO reserves the right to suspend the Agreement,with ten (10) days written notice, until
such time funds are appropriated. Suspension will mean all work related to the contract
must cease until such time funds are obligated to RCO and the RCO provides notice to
continue work.
V. No Waiver. The failure or neglect of RCO to require strict compliance with any term of this
Agreement or to pursue a remedy provided by this Agreement or by law shall not act as or
be construed as a waiver of any right to fully enforce all rights and obligations set forth in
this Agreement and in applicable state or federal law and regulations.
42. DISPUTE HEARING.
a. Except as may otherwise be provided in this Agreement, when a dispute arises between the
Sponsor and the RCO,which cannot be resolved,either party may request a dispute hearing
according to the process set out in this section. Either party's request for a dispute hearing must
be in writing and clearly state:
i. The disputed issues;
ii. The relative positions of the parties;
iii. The Sponsor's name, address, project title, and the assigned project number.
b. In order for this section to apply to the resolution of any specific dispute or disputes,the other
party must agree in writing that the procedure under this section shall be used to resolve those
specific issues.The dispute shall be heard by a panel of three persons consisting of one person
chosen by the Sponsor, one person chosen by the director, and a third person chosen by the
two persons initially appointed. If a third person cannot be agreed on,the persons chosen by
the Sponsor and director shall be dismissed and an alternate person chosen by the Sponsor, and
one by the director shall be appointed and they shall agree on a third person. This process shall
be repeated until a three person panel is established.
c. Any hearing under this section shall be informal, with the specific processes to be determined by
the disputes panel according to the nature and complexity of the issues involved.The process
may be solely based on written material if the parties so agree.The disputes panel shall be
governed by the provisions of this Agreement in deciding the disputes.
d. The parties shall be bound by the majority decision of the dispute panelists, unless the remedy
directed by that panel is beyond the authority of either or both parties to perform, as necessary,
or is otherwise unlawful.
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e. Request for a disputes hearing under this section by either party shall be delivered or mailed to it
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.
f. All costs associated with the implementation of this process shall be shared equally by the
parties. K
43. ATTORNEYS'FEES. c
In the event of litigation or other action brought to enforce the terms of this Agreement each party i
agrees to bear its own attorney fees and costs. 1
44. GOVERNING LAW/VENUE.
This Agreement shall be construed and interpreted in accordance with the laws of the State of
Washington. In the event of a lawsuit involving this Agreement,venue shall be in Thurston County
Superior Court if legally proper;otherwise venue shall be in the Superior Court of a county where the
project is situated, if venue there is legally proper, and if not, in a county where venue is legally proper.
The Sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of
Washington.
45. SEVERABILITY.
The provisions of this Agreement are intended to be severable. If any term or provision is illegal or
invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the
remainder of the Agreement.
46. END OF AGREEMENT.
This is the end of the agreement.
i
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