HomeMy WebLinkAboutCAG2024-380 - Original - Washington Recreation & Conservation Office - Lake Meridian Playground Resurfacing - 07/01/2024 FOR CITY OF KENT OFFICIAL USE ONLY
Sup/Mgr:
Agreement Routing Form DirAsst: z'�
For Approvals,Signatures and Records Management Dir/De p: __6L_B�
KEN T This form combines&replaces the Request for Mayor's Signature and Contract Cover (Optional)
W A S H I N G T O N Sheet forms. (Print on pink or cherry colored paper)
Originator: Department:
KateLynn Jennings for Bryan Higgins Parks, Recreation&Community Services
Date Sent: Date Required:
> 7/23/2024 8/6/2024
0
CL Authorized to Sign: Date of Council Approval:
Q W1Mayor or Designee 7/16/2024
Budqet Account Number: Grant? YesEZI NoE]
P21085
Budget?W]Yes E]No Type: Local
Vendor Name: Category:
WA Recreation & Conservation Office Grant: Non-Real Property
Vendor Number: Sub-Category:
C Original
0
Project Name: Lake Meridian Playground Surfacing Replacement
3. Project Details: The City of Kent will use this grant to replace the poured-in-place rubber surface and the
0 artificial grass in the Lake Meridian Park playground.
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E Agreement Amount: $100,000 Basis for Selection of Contractor:
W *Memo to Mayor must be attached
i Start Date: 7/1/2024 Termination Date: 6/30/2025
Q Local Business?
Des W]No*If meets requirements perKCC3.70.100,pleasecomplete"VendorPurchase-LocalExceptions"formonCityspace.
Business License Verification: ❑Yes In-ProcessEl Exempt(KCC 5.01.045) 0 Authorized Signer Verified
Notice required prior to disclosure? Contract Number:
E]YeswINo CAG2024-380
Comments:
RCO will route agreement to Mayor via AdobeSign
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Date Received:City Attorney: 7/26/24 Date Routed:Mayor's Office 7/31/24 City Clerk's Office 8/8/24
adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20221201
WASHINGTON STATE RCO Grant Agreement
Recreation and
Conservation Office
Project Sponsor: City of Kent Project Number:24-2193M
Project Title: Lake Meridian Playground Surfacing Replacement Approval Date:06/30/2024
PARTIES OF THE AGREEMENT
This Recreation and Conservation Office Grant Agreement(Agreement)for the project identified above(Project)is entered
into between the State of Washington by and through the Recreation and Conservation Office(RCO), P.O. Box 40917,
Olympia,Washington 98504-0917, and City of Kent(Sponsor, and primary Sponsor),220 Fourth Ave S, Kent, WA 98032-
5895, and shall be binding on the agents and all persons acting by or through the parties.
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.
Sponsor attests that prior to and during the Period of Performance, its Authorized Representative(s)/Agent(s)identified on the
original signed Applicant Resolution/Authorization has 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 the grant application for grant assistance, (2)enter into this
Agreement, including indemnification, (3)enter into amendments to this Agreement.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, a Sponsor may change its Authorized Representative/Agent only by providing the
RCO written notice of the change and identifying the new designee authorized to sign as Authorized
Representative/Agent. Unless and until such written notice is provided to RCO, RCO shall recognize only the person
initially identified as the Authorized Representative/Agent.
B. RCO reserves the right at any time to request, and Sponsor has the obligation to provide authorizations and
documents that demonstrate any signatory to this Agreement or an amendment has the authority to legally bind the
Sponsor.
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).
PURPOSE OF AGREEMENT
This Agreement sets out the terms and conditions by which a Local Parks Maintenance Program grant is made from the
General Fund State Account of the State of Washington.The grant is administered by the Recreation and Conservation Office
(RCO).
DESCRIPTION OF PROJECT
The City of Kent will use this grant to replace the poured-in-place rubber surface and the artificial grass in the Lake Meridian
Park playground. The City will remove and replace the wear course of the poured in place surface,which is peeling up in many
places. The City will also replace the artificial turf on two play hills,which has many tears and is past its useful life. The primary
recreational activity supported by this project is maintenance of outdoor recreation sites.
PERIOD OF PERFORMANCE
The period of performance begins on July 1, 2024(project start date)and ends on June 30, 2025(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.
The RCO has the right to summarily dismiss any request to amend this Agreement if not made at least 60 days before the
project end date
STANDARD TERMS AND CONDITIONS INCORPORATED
The Standard Terms and Conditions of the Recreation and Conservation Office attached hereto are incorporated by reference
as part of this Agreement.
LONG-TERM OBLIGATIONS
For this maintenance project, the Sponsor's ongoing obligations for the project area shall be for the period of performance of
this Agreement. For equipment purchased as part of the project,the Sponsor's ongoing obligation shall comply with the
RCO: 24-2193 Revision Date: 10/26/2023 Page 1 of 18
Treatment of Equipment and Assets section and applicable RCO Manuals identified herein.
PROJECT FUNDING AND REIMBURSEMENT PERIOD(S)
The total grant award provided for this project shall not exceed$100,000.00. The RCO shall not pay any amount beyond that
approved for grant funding of the project.:
Percentage Dollar Amount Source of Funding
Office-Local Parks Mnt Multi-Tier 1 100.00% $100,000.00 State
Total Project Cost 100.00% $100,000.00
If this Grant Agreement's period of performance spans more than one state fiscal year(July 1 st through June 30th), Sponsor's
work performed in each fiscal year shall be reimbursed only with the funds available in that fiscal year. RCO shall not be
obligated to reimburse work performed in one single fiscal year with funds from another fiscal year.
Grant funds that are not expended through a reimbursement request in one fiscal year(unused funds)shall not be carried over
to the next fiscal year, and Sponsor has no right to these funds in the next fiscal year. Sponsor shall forfeit unspent grant
funds,which shall remain with RCO unless otherwise made available as part of an amended Agreement.
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 the Agreement, such information 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. "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.
AMENDMENTS TO AGREEMENT
Except as provided herein, no amendment(including without limitation, deletions)of this Agreement shall be effective unless
set forth in writing and signed by all parties. Exception: extensions of the Period of Performance and minor scope adjustments
need only be signed by 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. 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.
COMPLIANCE WITH APPLICABLE STATUTES, RULES,AND POLICIES
This Agreement, including any amendment thereto, 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.
For the purposes of this Agreement, the following RCO manuals are deemed applicable and are incorporated as terms of this
Agreement:
• Local Parks Maintenance Grant-Manual 27
• Reimbursements-Manual 8
SPECIAL CONDITIONS
For cultural resources compliance purposes, the sponsor has certified that the scope of work included within this Project meets
the conditions outlined in Manual 27 as a Multisite project that only includes Tier 1 activities, and that all maintenance activities
do not include ground disturbing actions or involve work on a historic-era structures.The sponsor must adhere to the standard
Inadvertent Discovery Protocols as outlined in this grant agreement.
None
RCO: 24-2193 Revision Date: 10/26/2023 Page 2 of 18
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:
Sponsor Project Contact RCO Contact
Kerry OConnor Hayley Dalgetty
220 4th Ave S Outdoor Grants Manager
Kent, WA 98032 PO Box 40917
koconnor@kentwa.gov Olympia, WA 98504-0917
hayley.dalgetty@rco.wa.gov
These addresses and contacts shall be effective until receipt by one party from the other of a written notice of any change.
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.
EFFECTIVE DATE
Unless otherwise provided for in this Agreement, this Agreement,for Project 24-2193, shall become effective and binding on
the date signed by both the Sponsor's and the RCO's Authorized Representative/Agent,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.
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 signatories listed below
represent and warrant their authority to bind the parties to this Agreement.
City of Kent
BY:D bay Date: AU g 6, 2024
ana Ralph(Aug 6.2 2415:06 PDT)
Name(printed): Dana Ralph
Title: M ayo r
State of Washington Recreation and Conservation Office
By: Kail Tacobs Date: AU g 6, 2024
Karl Jacobs(Aug 6,202415:21 PDT)
FOR Megan Duffy
Director
Recreation and Conservation Office
Pre-approved as to form:
By: Date: 10/26/2023
Assistant Attorney General
RCO: 24-2193 Revision Date: 10/26/2023 Page 3 of 18
WASNINGTON STATE RCO Grant Agreement
Recreation and
Conservation Office
Project Sponsor: City of Kent Project Number:24-2193M
Project Title: Lake Meridian Playground Surfacing Replacement Approval Date:06/30/2024
Eligible Scope Activities
ELIGIBLE SCOPE ACTIVITIES
Maintenance Metrics
Worksite#1, Lake Meridian Playground
Recreational Facility Maintenance
Perform Recreational Facility Maintenance
RCO: 24-2193 Revision Date: 10/26/2023 Page 4 of 18
WASNINGTON STATE RCO Grant Agreement
Recreation and
Conservation Office
Project Sponsor: City of Kent Project Number:24-2193M
Project Title: Lake Meridian Playground Surfacing Replacement Approval Date:06/30/2024
Project Milestones
PROJECT MILESTONE REPORT
Complete Milestone Target Date Comments/Description
X Cultural Resources Complete 11/14/2023 Inadvertent Discovery Plan Submitted
Project Start 07/01/2024
Progress Report Due 01/15/2025
Annual Project Billing Due 01/31/2025
Agreement End Date 06/30/2025
Final Billing Due 07/31/2025
Final Report Due 08/15/2025
RCO: 24-2193 Revision Date: 10/26/2023 Page 5 of 18
WASHINGTON STATE RCO Grant Agreement
Recreation and
Conservation Office
Project Sponsor: City of Kent Project Number:24-2193M
Project Title: Lake Meridian Playground Surfacing Replacement Approval Date:06/30/2024
Standard Terms and Conditions of the Recreation and
Conservation Office
Table of Contents
STANDARD TERMS AND CONDITIONS EFFECTIVE DATE......................................................................................................7
CITATIONS, HEADINGS AND DEFINITIONS ------------------------------------------------------------------------------------------------------------------------------7
PERFORMANCE BY THE SPONSOR..........................................................................................................................................9
ASSIGNMENT-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------9
RESPONSIBILITY FOR PROJECT.........................................................................................................................................----10
INDEMNIFICATION--------------------------------------- -----------------------------------------------------------------------------------------------------------------------------10
INDEPENDENT CAPACITY OF THE SPONSOR.......................................................................................................................10
CONFLICT OF INTEREST..........................................................................................................................................................11
COMPLIANCE WITH APPLICABLE LAW-----------------------------------------------------------------------------------------------------------------------------------11
ARCHAEOLOGICAL AND CULTURAL RESOURCES---------------------------------------------------------------------------------------------------------------11
RECORDS-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------12
PROJECTFUNDING...................................................................................................................................................................13
PROJECT REIMBURSEMENTS------------------------------------ ------------------------------------------------------------------------------------------------------------13
RECOVERY OF PAYMENTS............................. --------- --------------------------------------------------------------------------------------------------------------13
COVENANT AGAINST CONTINGENT FEES.............................................................................................................................14
INCOME (AND FEES)AND USE OF INCOME...........................................................................................................................14
PROCUREMENT REQUIREMENTS...........................................................................................................................................14
TREATMENT OF EQUIPMENT AND ASSETS----------------- ------------------------------------------------------------------------- -------------------------------15
RIGHT OF INSPECTION.............................................................................................................................................................15
PREFERENCES FOR RESIDENTS............................................................................................................................................15
PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION,AND RESTORATION PROJECTS ------....15
ORDER OF PRECEDENCE........................................................................................................................................................16
LIMITATION OF AUTHORITY---..................................................................................................................................................16
WAIVEROF DEFAULT-------------------------------------- ---------------------------------------- ------------------------------------------ ---------------------- -------------16
APPLICATION REPRESENTATIONS—MISREPRESENTATIONS OR INACCURACY OR BREACH .....................................16
SPECIFIC PERFORMANCE.......................................................................................................................................................16
TERMINATION AND SUSPENSION...........................................................................................................................................17
DISPUTEHEARING....................................................................................................................................................................18
ATTORNEYS' FEES--------------------------------------------------------------------------------------------------------------------------------------------------------------------18
GOVERNING LAW/VENUE.........................................................................................................................................................18
SEVERABILITY---------------------------------------------------------------------------------------------------------------------------------------------------------------------------18
END OF STANDARD TERMS AND CONDITIONS.....................................................................................................................18
RCO: 24-2193 Revision Date: 10/26/2023 Page 6 of 18
STANDARD TERMS AND CONDITIONS EFFECTIVE DATE
This document sets forth the Standard Terms and Conditions of the Recreation and Conservation Office as of 03/15/2024.
CITATIONS, HEADINGS AND DEFINITIONS
A. Any citations referencing specific documents refer to the version current 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 the Agreement, the following terms shall have the meaning set forth below(Note: not
all defined terms may be present in a particular Agreement):
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, and who has submitted an application to RCO requesting grant
funds.
application—The documents and other materials that an applicant submits to the RCO to support the applicant's
request for grant funds; this includes materials required for the"Application"in the RCO's automated project
information system,and other documents as noted on the application checklist including but not limited to legal
opinions, maps, plans,evaluation presentations and scripts.
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 the following have occurred:
• The grant funded project has been inspected by the RCO, if applicable
• The RCO has determined that the project has been completed satisfactorily.
• A final project report is submitted to and accepted by RCO.
• Any amendments to the Agreement required by RCO have been executed by the Sponsor and RCO and
have been delivered to RCO.
• A final reimbursement request has been delivered to and paid by RCO.
• Documents affecting property rights(including RCO's as may apply)and any applicable notice of grant, 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.
Cultural Resources—Archaeological or historic archaeological sites, historic buildings/structures, and cultural or
sacred places.
director—The chief executive officer of the Recreation and Conservation Office or that person's designee.
effective date—The date when the Agreement is signed by both the Sponsor's and the RCO's Authorized
Representative/Agent,whichever is later.
RCO: 24-2193 Revision Date: 10/26/2023 Page 7 of 18
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. Part 200(as updated)).
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.
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—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.
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.
Office—Means the Recreation and Conservation Office or RCO.
pass-through entity—A non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal
program (2 CFR 200(as updated)). 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.
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).A Primary Sponsor includes its officers, employees, agents and successors.
Project—The undertaking identified on the first page of the Agreement 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 completion or completed project—The status of a project when all of the following have occurred:
• 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.
• A final project report is submitted to and accepted by RCO.
• Any amendments to the Agreement required by RCO have been entered by the Sponsor and RCO and have
been delivered to the RCO.
• A final reimbursement request has been delivered to and paid by RCO.
• Documents affecting property rights(including RCO's as may apply)and any applicable notice of grant, 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. Part 200(as updated))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.
RCO: 24-2193 Revision Date: 10/26/2023 Page 8 of 18
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
reimbursement—RCO's payment of funds from eligible and allowable costs that have already been paid by the
Sponsor per the terms of the Agreement.
renovation project—A project intended to improve an existing site or structure in order to increase its useful service
life beyond current expectations or functions.This does not include maintenance activities to maintain the facility for
its originally expected useful service life.
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.
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.
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. Part 200 (as updated). 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. Part 200
(as updated)). 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. Part 200 (as updated)). 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 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, relocating the project,or
not implementing the project. Tribal consultation does not affect RCO's final approval authority for project proposals.
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.
PERFORMANCE BY THE SPONSOR
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.
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.
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. Sponsor shall not sell, give, or otherwise assign to another party any property right, or alter
a conveyance(see below)for the project area acquired with this grant without prior approval of the RCO.
RCO: 24-2193 Revision Date: 10/26/2023 Page 9 of 18
RESPONSIBILITY FOR PROJECT
Although 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.
The Sponsor has sole responsibility to implement the project and 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.
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 in accordance with the Agreement.
INDEMNIFICATION
The Sponsor shall defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands,or
suits at law or equity(however denominated)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, contractors, subcontractors, or
vendors, of any tier, or any other persons for whom the Sponsor may be legally liable. Provided, however, that Sponsor is not
required to defend or indemnify the State against and hold harmless the State from claims, demands or suits based upon the
sole negligence of the State, its employees and/or agents for whom the State is vicariously liable. Provided,further, that if the
claims or suits are caused by or result from the concurrent negligence of(a)the Sponsor or the Sponsor's agents or
employees, and(b)the State,or its employees or agents, the Sponsor's indemnity obligation shall be valid and enforceable
only to the extent of the Sponsor's negligence or its agents, or employees.
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.
Sponsor shall ensure that any agreement relating to 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 donating its services to the
project without compensation or other substantial consideration.
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.
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.
INDEPENDENT CAPACITY OF THE SPONSOR
The Sponsor and its employees or agents performing under this Agreement are not officers, employees or agents of the RCO
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.
The Sponsor is responsible for withholding and/or paying employment taxes, other taxes, insurance, or deductions of any kind
required by federal, state, and/or local laws.
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CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole discretion, by written
notice to the Sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation
of the Ethics in Public Service Act, RCW 42.52; or any similar statute involving the Sponsor in the procurement of, or
performance under, this Agreement. In the event this Agreement is terminated as provided in this paragraph, 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.
COMPLIANCE WITH APPLICABLE LAW
In performing it obligations under 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:
A. 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 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."
B. Secular Use of Funds. No funds awarded under this grant may be used to pay for 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. Provided, however,
that this restriction shall be based on an analysis of the use of the funds, not the identity or affiliation of the Sponsor.
C. 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 affecting wages and job safety.The Sponsor agrees,
that 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.
1) 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.
D. Restrictions on Grant Use. No part of any funds provided under this grant shall be used,other than for normal and
recognized executive-legislative relationships,for publicity or propaganda purposes, or for the preparation,
distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to
support or defeat legislation pending before the U.S. Congress or any state legislature. No part of any funds provided
under this grant shall be used to pay the salary or expenses of any Sponsor, or agent acting for such Sponsor, related
to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state
legislature.
E. Debarment and Certification. By signing the Agreement with RCO, the Sponsor certifies that neither it nor its
principals nor any other lower tier participant are presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from participation in this transaction by Washington State Labor and Industries.
Further, the Sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party
that is on Washington State Department of Labor and Industries'"Debarred Contractor List."
ARCHAEOLOGICAL AND CULTURAL RESOURCES
A. Termination. RCO retains the right to terminate a project due to anticipated or actual impacts to archaeology and
cultural resources.
B. Compliance and Indemnification.At all times, the Sponsor shall take reasonable action to avoid, minimize, or
mitigate adverse effects to archaeological and historic resources in the project area, and comply with any RCO
direction for such minimization and mitigation.All federal or state cultural resources requirements under Governor's
Executive Order 21-02 and the National Historic Preservation Act, and the State Environmental Policy Act and the
National Environmental Policy Act, and any local laws that may apply, must be completed prior to the start of any
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work on the project site. The Sponsor must agree to indemnify and hold harmless the State of Washington in relation
to any claim related to historical or cultural artifacts discovered,disturbed, or damaged due to the project funded
under this Agreement. Sponsor shall comply with RCW 27.53, RCW 27.44.055,and RCW 68.50.645, and all other
applicable local, state, and federal laws protecting cultural resources and human remains.
C. The Sponsor shall be provided and be bound by the RCO Inadvertent Discovery Plan, and:
1) Keep the IDP at the project site.
2) Make the IDP readily available to anyone working at the project site.
3) Discuss the IDP with staff and contractors working at the project site.
4) Implement the IDP when cultural resources or human remains are found at the project site.
D. Discovery
1) If any archaeological or historic resources are found while conducting work under this Agreement, the
Sponsor shall immediately stop work and notify 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.
2) 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 State
provides a new notice to proceed.
a) 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).
b) 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.
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 records
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 shall be retained until all litigation, claims, or
audit findings involving the records have been resolved.
C. Access to Records and Data.At no additional cost to RCO, 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/or 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.
D. 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 record to respond to a request under state public records laws.The Sponsor hereby agrees to release the State
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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.
PROJECT FUNDING
A. State Operating Budget.Grant funds for this Grant/Agreement derive from the State's Operating Budget. Sponsor
shall comply with state rules that direct, and in some cases restrict, the use of such funds for work performed per this
Agreement. Sponsor shall follow RCO's direction on what activities Sponsor performs per this Agreement because of
Operating Budget rules and requirements.
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 nor for activities that do not occur in the fiscal year in which funds are available 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.
D. After the Period of Performance. No expenditure made, or obligation incurred,following the period of performance
shall be eligible, in whole or in part,for grant funds hereunder. In addition to any remedy the RCO 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.
PROJECT REIMBURSEMENTS
Reimbursement Basis(also see PROJECT FUNDING AND REIMBURSEMENT PERIOD(S)section)
A. 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 request reimbursement only 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 and only for reimbursable activities occurring in the same fiscal
year(July 1st through June 30th)or as identified in the milestones. Sponsors must refer to the PROJECT FUNDING
AND REIMBURSEMENT PERIOD(S)section and the most recent applicable RCO manuals and this Agreement
regarding reimbursement requirements. Where conflicts exist between this Agreement and RCO Manual 8, this
Agreement shall prevail.
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:
1) RCO has accepted the project as a completed project,which acceptance shall not be unreasonably withheld.
2) 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.
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,fails to meet its percentage of the
project total, and/or fails to comply with any of the terms and conditions of the Agreement, 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.
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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.
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 and to be reimbursed by Sponsor for any grant
funds paid to Sponsor(even if such funds have been subsequently paid to an agent),without liability to RCO or, in RCO's
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.
INCOME(AND FEES)AND USE OF INCOME
See WAC 286-13-110 for additional requirements for projects funded from the RCFB.
A. 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.
B. Use of Income. Subject to any limitations contained in applicable state or federal law, any needed approvals of RCO,
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, carbon offsets
sequestration, etc.)during or after the reimbursement period cited in the Agreement, must be used to offset:
1) The Sponsor's matching resources;
2) The project's total cost;
3) The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program
assisted by the grant funding;
4) The expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the
Sponsor's system;
5) Capital expenses for similar acquisition and/or development and renovation; and/or
6) Other purposes explicitly approved by RCO or otherwise provided for in this agreement.
C. Fees. User and/or other fees maybe charged in connection with land acquired or facilities developed, maintained,
renovated,or restored and shall be consistent with the:
1) Grant program laws, rules, and applicable manuals;
2) Value of any service(s)furnished;
3) Value of any opportunities furnished; and
4) Prevailing range of public fees in the state for the activity involved.
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:
1) Publish a notice to the public requesting bids/proposals for the project;
2) Specify in the notice the date for submittal of bids/proposals;
3) Specify in the notice the general procedure and criteria for selection; and
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4) 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.
5) 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 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.
TREATMENT OF EQUIPMENT AND ASSETS
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.
A. Discontinued Use. Equipment obtained under this Agreement shall remain in the possession of the Sponsor for the
duration of the project,or as allowed by this Agreement and applicable RCO Manuals. 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.
B. Loss or Damage.The Sponsor shall be responsible for any loss or damage to equipment.
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.
PREFERENCES FOR RESIDENTS
Sponsors shall not express a preference for users of grant assisted project sites 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.
PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION,AND RESTORATION PROJECTS
The following provisions shall be in force:
A. 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.
1) 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.
B. Control and Tenure.At the request of RCO, 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,
or maintenance. 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.
C. 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;
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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.
D. Safety and Risk.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.
ORDER OF PRECEDENCE
This Agreement is entered into, pursuant to, and under the authority granted by applicable federal and state laws. The
provisions of the Agreement shall be construed to conform to those laws. In the event of 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:
A. Federal law and binding executive orders;
B. Code of federal regulations;
C. Terms and conditions of a grant award to the state from the federal government;
D. Federal grant program policies and procedures adopted by a federal agency that are required to be applied by federal
law;
E. State Constitution, RCW, and WAC;
F. Agreement Terms and Conditions and
G. Applicable Manuals;
H. Applicable deed restrictions, and/or governing documents.
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.
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.
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 is presumed to be material and to have been relied upon, and may be deemed a breach of this Agreement at
RCO's sole discretion.
SPECIFIC PERFORMANCE
RCO may, at its sole discretion, enforce this Agreement by the remedy of specific performance,which means Sponsor's
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.
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TERMINATION AND SUSPENSION
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(as
updated).
A. For Cause.
1) 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;
2) 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 by law and/or this Agreement.
3) 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.
B. 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:
1) The Sponsor was not in default;or
2) Failure to perform was outside Sponsor's control,fault or negligence.
C. Rights and Remedies of the RCO.
1) 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.
2) 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 due to Sponsor's breach of the Agreement or other violation of law, 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 repayment 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.
D. Non Availability of Funds.The obligation of the RCO to make payments is contingent on the availability of state and
federal funds through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under
this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period, RCO
shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the
Legislature or the Office of Financial Management occurs. If RCO participation is suspended under this section for a
continuous period of one year, RCO's obligation to provide any future funding under this Agreement shall terminate.
Termination of the Agreement under this section is not subject to appeal by the Sponsor.
1) 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.
2) 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
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and regulations.
DISPUTE HEARING
Except as may otherwise be provided in this Agreement,when a dispute arises between the Sponsor and the RCO,which
cannot be resolved, either party may request a dispute hearing according to the process set out in this section. Either party's
request for a dispute hearing must be in writing and clearly state:
A. The disputed issues;
B. The relative positions of the parties;
C. The Sponsor's name, address, project title, and the assigned project number.
In order for this section to apply to the resolution of any specific dispute or disputes,the other party must agree in writing that
the procedure under this section shall be used to resolve those specific issues. The dispute shall be heard by a panel of three
persons; 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.
Any hearing under this section shall be informal,with the specific processes to be set by the disputes panel according to the
nature and complexity of the issues involved. The process will be solely based on written material if the parties so request or if
so directed by the disputes panel. The disputes panel shall be governed by the provisions of this Agreement in deciding the
disputes.
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.
Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party. The request
shall be delivered or mailed within thirty(30)days of the date the requesting party has received notice of the action or position
of the other party which it wishes to dispute. The written agreement to use the process under this section for resolution of
those issues shall be delivered or mailed by the receiving party to the requesting party within thirty(30)days of receipt by the
receiving party of the request.
All costs associated with the implementation of this process shall be shared equally by the parties.
ATTORNEYS' FEES
In the event of litigation or other action brought to enforce contract terms,each party agrees to bear its own costs and
attorneys'fees.
GOVERNING LAWIVENUE
This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a
lawsuit involving this Agreement,venue shall be in Thurston County Superior Court if legally proper; otherwise venue shall be
in 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 and agrees to venue as set forth above.
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.
END OF STANDARD TERMS AND CONDITIONS
This is the end of the Standard Terms and Conditions of the Agreement.
RCO: 24-2193 Revision Date: 10/26/2023 Page 18 of 18
24-2193 Agreement - Lake Meridian Playground
Surfacing Replacement
Final Audit Report 2024-08-06
Created: 2024-07-22(Pacific Daylight Time)
By: Monica Atkins(monica.atkins@rco.wa.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAKnAnXtcROjOfBJ01jm9aEehliydNprOP
"24-2193 Agreement - Lake Meridian Playground Surfacing Repl
acement" History
Document created by Monica Atkins (monica.atkins@rco.wa.gov)
2024-07-22- 1:59:52 PM PDT-IP address:24.19.70.237
Document emailed to Terry Jungman (tjungman@kentwa.gov) for approval
2024-07-22-2:07:27 PM PDT
Monica Atkins (monica.atkins@rco.wa.gov) replaced approver Terry Jungman (tjungman@kentwa.gov)with
Logan Todd (Ltodd@kentwa.gov)
2024-07-23-3:52:23 PM PDT-IP address:24.19.70.237
Document emailed to Logan Todd (Ltodd@kentwa.gov)for approval
2024-07-23-3:52:23 PM PDT
Email viewed by Logan Todd (Ltodd@kentwa.gov)
2024-07-30- 11:24:40 AM PDT-IP address: 104.47.64.254
Q Document approved by Logan Todd (Ltodd@kentwa.gov)
Approval Date:2024-07-30-11:24:52 AM PDT-Time Source:server-IP address: 146.129.252.126
C1 Document emailed to dralph@kentwa.gov for signature
2024-07-30- 11:24:53 AM PDT
fj Email viewed by dralph@kentwa.gov
2024-08-06-3:06:09 PM PDT-IP address: 104.47.64.254
A0 Signer dralph@kentwa.gov entered name at signing as Dana Ralph
2024-08-06-3:06:29 PM PDT-IP address: 146.129.252.126
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Document e-signed by Dana Ralph (dralph@kentwa.gov)
Signature Date:2024-08-06-3:06:31 PM PDT-Time Source:server-IP address: 146.129.252.126
Document emailed to Karl Jacobs (karl.jacobs@rco.wa.gov) for signature
2024-08-06-3:06:33 PM PDT
Email viewed by Karl Jacobs (karl.jacobs@rco.wa.gov)
2024-08-06-3:19:32 PM PDT-IP address: 104.47.65.254
Document e-signed by Karl Jacobs (karl.jacobs@rco.wa.gov)
Signature Date:2024-08-06-3:21:41 PM PDT-Time Source:server-IP address: 198.238.202.120
Agreement completed.
2024-08-06-3:21:41 PM PDT
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