HomeMy WebLinkAboutR-2015-126 Randall Park Renovation Project Grant; State of Washington; RCO; RCFB [FUNDING RESOLUTION]A RESOLUTION
RESOLUTION NO. R-2015-126
authorizing the City Manager to execute the project agreement between the
City of Yakima and the State of Washington by and through the Recreation
and Conservation Funding Board (RCFB) and the Recreation and
Conservation Office (RCO) for the grant to renovate Randall Park.
WHEREAS, the City of Yakima's existing Randall Park is 40 years old and in need of
renovation; and
WHEREAS, Approximately 40 acres of land is currently being used for recreation
purposes; and
WHEREAS, the City of Yakima City Council and Yakima Parks and Recreation
Commission have approved a comprehensive plan that includes the redevelopment of Randall
Park; and
WHEREAS, under the provisions of the WWRP, state grant assistance is requested to aid
in financing the cost of the restoration, and
WHEREAS, the City Council of the City of Yakima considers it in the best public interest
to improve the current public park property, and that such improvement will promote the general
health, safety and welfare; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
1 The City Manager is authorized to enter into a formal agreement with the Recreation and
Conservation Office for grant assistance;
2. Any grant assistance received will be used for direct costs associated with implementation
of the project referenced above,
3 The City of Yakima hereby certifies that its matching share of project funding will be
derived from donations, REET 2 funds, Parks and Recreation Capital funds, and that the
City of Yakima is responsible for supporting all non-cash commitments to this project
should they not materialize;
4. The City of Yakima acknowledges that the grant assistance will be paid on a
reimbursement basis, meaning the City of Yakima will only request payment from the
Recreation and Conservation Office after eligible and allowable costs have been
incurred and payment remitted to the city's vendors, and that the Recreation and
Conservation Office will hold retainage until the project is deemed complete;
5. The City of Yakima acknowledges that any improvements to Randall Park developed
through grant assistance from the Recreation and Conservation Funding Board must be
reasonably maintained and made available to the general public at reasonable hours
and times of the year according to the type of area or facility unless other restrictions
have been agreed to by the Recreation and Conservation Office Director or the
Recreation and Conservation Funding Board;
6. The City of Yakima acknowledges that any property or facility developed with grant
assistance from the Recreation and Conservation Funding Board must be dedicated for
public outdoor recreation purposes, and be retained and maintained for such use for
perpetuity unless otherwise provided and agreed to by the City of Yakima and the
Recreation and Conservation Funding Board
ADOPTED BY THE CITY COUNCIL this 20th day of October, 2015.
ti WASHINGTON STATE
Recreation and
Conservation Office Funding Board Project Agreement
Project Sponsor:
Project Title:
Yakima Parks & Recreation Department
Randall Park Renovation
Project Number: 14-1121D
Approval Date: 7/10/2015
A. PARTIES OF THE AGREEMENT
This Project Agreement (Agreement) is entered into between the State of Washington by and through the Recreation
and Conservation Funding Board (RCFB or funding board) and the Recreation and Conservation Office, P 0 Box
40917, Olympia, Washington 98504-0917 and City of Yakima by and through the Yakima Parks & Recreation
Department (sponsor), 2301 Fruitvale Blvd, Yakima, WA 98902 and shall be binding on the agents and all persons
acting by or through the parties.
B. PURPOSE OF AGREEMENT
This Agreement sets out the terms and conditions by which a grant is made from the Outdoor Recreation Account of
the State of Washington. The grant is administered by the Recreation and Conservation Office (RCO) to the sponsor
for the project named above per the director's authority granted in RCW 79A.25 020
C. DESCRIPTION OF PROJECT
Yakima Parks and Recreation will use this grant to renovate Randall Park, located in the central part of Yakima, within
Yakima County The goal of the renovation is to enhance and restore this 40 -acre, 60 -year old park. The primary
recreation opportunity provided by this project will be for passive recreational opportunities. This will be accomplished
by renovating the following features natural area, duck pond, pathways, bridges, parking and restroom. Additionally, a
new picnic shelter and playground will be installed
D. PERIOD OF PERFORMANCE
The period of performance begins on July 10, 2015 (project start date) and ends on April 30, 2018 (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 WAC Titles 286, 420; or RCFB
and/or SRFB policies published in RCO manuals as of the effective date of this agreement.
The sponsor must request extensions of the period of performance at least 60 days before the project end date.
The sponsor has obligations beyond this period of performance as described in Section E. On-going Obligations.
E. ON-GOING OBLIGATIONS
For this development and renovation project, the sponsor's on-going obligations shall be in perpetuity and shall
survive the completion/termination of this Project Agreement unless otherwise identified in the Agreement or as
approved by the funding board. It is the intent of the funding board's conversion policy (see Section 24 Restriction of
Conversion) that all lands acquired and/or facilities and areas developed, renovated, or restored with funding
assistance remain in the public domain in perpetuity
F. PROJECT FUNDING
The total grant award provided by the funding board for this project shall not exceed $500,000.00 The funding board
shall not pay any amount beyond that approved for grant funding of the project and within the funding board's
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.
Percentage Dollar Amount Source of Funding
RCFB - WWRP - Local Parks 42 73% $500,000 00 State
Project Sponsor 57.27% $670,100 00
Total Project Cost 100 00% $1,170,100.00
G. FEDERAL FUND INFORMATION
This Agreement is not a federal subaward This Agreement is funded with a grant from the State of Washington.
RCO 14-1121D Page 1 of 28
H. RIGHTS AND OBLIGATIONS INTERPRETED IN LIGHT OF RELATED DOCUMENTS
All rights and obligations of the parties under this Agreement shall be interpreted in light of the information provided in
the sponsor's application and the project summary under which the Agreement has been approved as well as
documents produced in the course of administering the Agreement, including the eligible scope activities and
milestones report incorporated herein by reference. Provided, to the extent that information contained in such
documents is inconsistent with this Agreement, it shall not be used to vary the terms of the Agreement, unless those
terms 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 definition of the Standard Terms
and Conditions.
I. AMENDMENTS MUST BE SIGNED IN WRITING
Except as provided herein, no amendment/deletions of any of the terms or conditions of this Agreement will be
effective unless provided in writing and signed by both parties. Except, extensions of the period of performance and
minor scope adjustments need only be signed by RCO's director or designee, unless the consent of the sponsor to an
extension is required by its auditing policies, regulations, or legal requirements, in which case, no extension shall be
effective until so consented
J. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND RCFB-SRFB POLICIES
This agreement is governed by, and the sponsor shall comply with, all applicable state and federal laws and
regulations, including any applicable RCFB and/or SRFB policies published in RCO manuals as of the effective date
of this agreement, all of which are incorporated herein by this reference as if fully set forth.
K. SPECIAL CONDITIONS
None
L. AGREEMENT CONTACTS
The parties will provide all written communications and notices under this Agreement to the mail address or the email
address listed below if not both:
Project Contact RCFB
Name. Jenise Sanders
Title
Address.
2301 Fruitvale Blvd
Yakima, WA 98902
Email: Jenise.Sanders@yakimawa.gov
Recreation and Conservation Office
Natural Resources Building
PO Box 40917
Olympia, Washington 98504-0917
These addresses shall be effective until receipt by one party from the other of a written notice of any change.
M. 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.
N. EFFECTIVE DATE
This Agreement, for project 14-1121 D, shall be subject to the written approval of the RCO's authorized representative
and shall not be effective and binding until the date signed by both the sponsor and the RCO, whichever is later
(Effective Date) Reimbursements for eligible and allowable costs incurred within the period of performance identified
in Section D: Period of Performance are allowed only when this Agreement is fully executed and an original is received
by RCO
RCO 14-1121D Page 2 of 28
The sponsor has read, fully understands, and agrees to be bound by all terms and conditions as set forth in this
Agreement. The signators listed below repres :._:_• w- t their authority to bind the parties to this Agreement.
Yakima Parks & Recre i n Departmen
By: .. _ Date:
Name: (printed)
Title:
ri 6 'fSov✓k.&
ill/Loner
State of Washington, Recreation Conservation Office
On behalf of the Recreation and Conservation Funding Board (RCFB or funding board)
By:%za/st�t�rf��
Kleen Cottingham
Director
Recreation and Conservation Office
Pre -approved as to form.
By: /S/
Assistant Attorney General
Date:
Date:
July 20, 2015
CITY CONTRAC r NO: 2 D IS --212_
RESOLUTION NO: t2- I S- 124'
RECEIVED
OCT 3 0 2015
WA STATE
RECREATION AND CONSERVATION OFFICE
RCO 14-1121D Page 3 of 28
Standard Terms and Conditions
of the Project Agreement
Table of Contents Page
SECTION 1. CITATIONS, HEADINGS AND DEFINITIONS 6
SECTION 2. PERFORMANCE BY THE SPONSOR 7
SECTION 3. ASSIGNMENT 7
SECTION 4. RESPONSIBILITY FOR PROJECT 7
SECTION 5. INDEMNIFICATION 7
SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR 8
SECTION 7. CONFLICT OF INTEREST 8
SECTION 8. COMPLIANCE WITH APPLICABLE LAW 8
SECTION 9. RECORDS. 9
SECTION 10. PROJECT FUNDING 9
SECTION 11. PROJECT REIMBURSEMENTS 10
SECTION 12. ADVANCE PAYMENTS 10
SECTION 13. RECOVERY OF PAYMENTS........ 11
SECTION 14. COVENANT AGAINST CONTINGENT FEES 11
SECTION 15. INCOME AND USE OF INCOME 11
SECTION 16. PROCUREMENT REQUIREMENTS 11
SECTION 17. TREATMENT OF EQUIPMENT 12
SECTION 18. RIGHT OF INSPECTION 12
SECTION 19. STEWARDSHIP AND MONITORING 12
SECTION 20. PREFERENCES FOR RESIDENTS 12
SECTION 21. ACKNOWLEDGMENT AND SIGNS 12
SECTION 22. PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION, AND
RESTORATION PROJECTS 13
SECTION 23. PROVISIONS APPLYING TO ACQUISITION PROJECTS 13
SECTION 24. RESTRICTION ON CONVERSION OF REAL PROPERTY AND/OR FACILITIES TO
OTHER USES 14
SECTION 25. CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED PROJECTS.. 14
SECTION 26. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) SPONSORS 15
RCO 14-1121D Page 4 of 28
SECTION 27. PROVISIONS FOR FEDERAL SUBAWARDS ONLY 15
SECTION 28. PROVISIONS FOR FIREARMS AND ARCHERY RANGE RECREATION PROJECTS
ONLY 17
SECTION 29. PROVISIONS FOR LAND AND WATER CONSERVATION FUND PROJECTS ONLY 17
SECTION 30. PROVISIONS FOR FARMLAND PRESERVATION ACCOUNT PROJECTS ONLY 17
SECTION 31. PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS ONLY 17
SECTION 32. PROVISIONS FOR PUGET SOUND ACQUISITION AND RESTORATION PROJECTS
ONLY 18
SECTION 33. PROVISIONS FOR ESTUARY AND SALMON RESTORATION PROGRAM - EPA AND
MARINE SHORELINE PROTECTION PROJECTS ONLY 20
SECTION 34. PROVISIONS FOR ESTUARY AND SALMON RESTORATION PROGRAM - EPA
PROJECTS ONLY 24
SECTION 35. PROVISIONS FOR MARINE SHORELINE PROTECTION PROGRAM PROJECTS
ONLY 24
SECTION 36. ORDER OF PRECEDENCE 26
SECTION 37. AMENDMENTS 26
SECTION 38. LIMITATION OF AUTHORITY 26
SECTION 39. WAIVER OF DEFAULT 26
SECTION 40. APPLICATION REPRESENTATIONS — MISREPRESENTATIONS OR INACCURACY OR
BREACH 26
SECTION 41. SPECIFIC PERFORMANCE 27
SECTION 42. TERMINATION 27
SECTION 43. DISPUTE HEARING 27
SECTION 44. ATTORNEYS' FEES 27
SECTION 45. GOVERNING LAWNENUE 27
SECTION 46. PROVISIONS APPLICABLE ONLY IF FEDERALLY RECOGNIZED INDIAN TRIBE IS
THE SPONSOR 28
SECTION 47. SEVERABILITY ........................... 28
RCO 14-1121D Page 5 of 28
WASHINGTON STATE
Recreation and
Conservation Office
Standard Terms and Conditions
of the Project Agreement
Project Sponsor: Yakima Parks & Recreation Department
Project Title: Randall Park Renovation
Project Number: 14-1121D
Approval Date: 7/10/2015
SECTION 1. CITATIONS, HEADINGS AND DEFINITIONS
A.
Any citations referencing specific documents refer to the current version at the date of project Agreement and/or any revisions in
the future.
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 fee or less than fee interests in real property These
interests include, but are not limited to, conservation easements, access/trail easements, covenants, water rights, leases, and
mineral rights.
Agreement or Project Agreement - The document entitled "Project Agreement" accepted by all parties to the present
transaction, including without limitation these Standard Terms and Conditions, all attachments, addendums, and amendments,
and any intergovernmental agreements or other documents that are incorporated into the Project Agreement subject to any
limitations on their effect.
applicant - Any party that meets the qualifying standards, including deadlines, for submission of an application soliciting a grant
of funds from the funding board.
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.
C.F.R. - Code of Federal Regulations
contractor - An entity that receives a contract from a sponsor A contract is a legal instrument by which a non -Federal entity
(sponsor) purchases property or services to carry out the project or program under a Federal award. A contractor is not the same
as the sponsor or subrecipient. A contract is for the purpose of obtaining goods and services for the non -Federal entity's
(sponsor's) own use and creates a procurement relationship with the contractor (2 C.F.R § 200.23 (2013)).
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.
director - The chief executive officer of the Recreation and Conservation Office or that person's designee.
education project - A project that provides information, education, and outreach programs for the benefit of outdoor
recreationists.
education and enforcement project - A project that provides information, education, and outreach programs; encourages
responsible recreational behavior, and may provide law enforcement for the benefit of outdoor recreationists.
equipment - Tangible personal property (including information technology systems) having a useful 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 - The board that authorized the funds in this Agreement, either the Recreation and Conservation Funding Board
(RCFB) created under chapter 79A.25 110 RCW, or the Salmon Recovery Funding Board (SRFB) created under chapter
77.85 110 RCW
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))
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
recreationists.
maintenance and operation project - A project that maintains existing areas and facilities through repairs, upkeep, and routine
servicing 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.
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 time during which the sponsor may incur new obligations to carry out the work authorized under
this this Agreement (2 C F R. § 200 77 (2013))
planning (RCFB projects only) - A project that results in one or more of the following: a study, a plan, construction plans and
specifications, and permits to increase the availability of outdoor recreational resources.
planning (SRFB projects only) - A project that results in a study, assessment, project design, or inventory
pre -agreement cost - A project cost incurred before the period of performance.
RCO 14-1121D Page 6 of 28
project - An undertaking that is, or may be, funded in whole or in part with funds administered by RCO on behalf of the funding
board.
project cost - The total allowable costs incurred under this Agreement and all required match share and voluntary committed
matching share, including third -party contributions (2 C.F.R. § 200 83 (2013))
RCO - Recreation and Conservation Office - The state office that provides administrative support to the Recreation and
Conservation Funding Board and Salmon Recovery Funding Board. RCO includes the director and staff, created by Chapters
79A.25.110 and 79A.25 150 RCW and charged with administering this Agreement by Chapters 77 85 110 and 79A.25.240 RCW
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
original expectations or functions This does not include maintenance activities to maintain the facility for its originally expected
useful service life
restoration project - A project that brings a site back to its historic function as part of a natural ecosystem or improves the
ecological functionality of a site.
RCW - Revised Code of Washington
RTP - Recreational Trails Program - A federal grant program administered by RCO that allows for the development and
maintenance of backcountry trails.
secondary sponsor - one of two or more eligible organizations that sponsors a grant -funded project. Of these two sponsors,
only one - the primary sponsor - may be the fiscal agent.
sponsor or primary sponsor - The eligible applicant who has been awarded a grant of funds and is bound by this executed
Agreement; includes its officers, employees, agents and successors. For projects funded with federal money, the sponsor is a
subrecipient, which is a non -Federal 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))
subaward - An award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal
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 program. A subaward may be provided through any form of legal agreement, including an agreement that
the pass-through entity considers a contract (2 C.F.R. § 200 92 (2013)). 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 Section F Project Funding.
subrecipient - Subrecipient means a non -Federal 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.
WAC - Washington Administrative Code
SECTION 2. PERFORMANCE BY THE SPONSOR
The sponsor and secondary sponsor where applicable, shall undertake the project as described in this Agreement, the sponsor's
application, and in accordance with the sponsor's proposed goals and objectives described in the application or documents submitted
with the application, all as finally approved by the funding board. All submitted documents are incorporated by this reference as if fully
set forth herein. Also see Section 36 Order of Precedence
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.
SECTION 3. ASSIGNMENT
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the sponsor without prior
written consent of the RCO
SECTION 4. RESPONSIBILITY FOR PROJECT
While the funding board undertakes to assist the sponsor with the project by providing a grant pursuant to this Agreement, the project
itself remains the sole responsibility of the sponsor The funding board undertakes no responsibilities to the sponsor, a secondary
sponsor, or to any third party, other than as is expressly set out in this Agreement. 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 is sponsored by more than one entity, any and all sponsors are equally responsible for the project and all
post -completion stewardship responsibilities.
SECTION 5. 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 arising in whole or in part from the actual or alleged acts, errors, omissions or negligence of, 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 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 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
RCO 14-1121D Page 7 of 28
agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor is legally liable,
and (b) the State its employees and agents for whom it is vicariously liable, the indemnity obligation shall be valid and enforceable
only to the extent of the sponsor's negligence or the negligence of the sponsor's agents, employees, contractors, subcontractors or
vendors, of any tier, or any other persons for whom the sponsor may be legally liable.
This provision shall be included in any Agreement between sponsor and any contractors, subcontractors and vendors, of any tier
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 State, its agents, officers and employees
pursuant to the Agreement; provided that 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 State's, its agents', officers' and employees' failure to comply with specific written instructions regarding use provided to
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 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
The RCO is included within the term State, as are all other agencies, departments, boards, or other entities of state government.
SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR
The sponsor and its employees or agents performing under this Agreement are not officers, employees or agents of the funding board
or RCO The sponsor will not hold itself out as nor claim to be an officer, employee or agent of RCO, a funding board 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 Chapters
41 06 or 28B RCW
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.
SECTION 7. 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 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.
SECTION 8. COMPLIANCE WITH APPLICABLE LAW
The sponsor will implement the Agreement in accordance with applicable federal, state, and local laws, regulations and RCO and
funding board policies regardless of whether the sponsor is a public or non-public organization.
The sponsor shall comply with, and RCO is not responsible for determining compliance with, any and all applicable federal, state, and
local laws, regulations, and/or policies, including, but not limited to. State Environmental Policy Act; Industrial Insurance Coverage,
Architectural Barriers Act; permits (shoreline, Hydraulics Project Approval, demolition); land use regulations (critical areas ordinances,
Growth Management Act), federal and state safety and health regulations (Occupational Safety and Health Administration/Washington
Industrial Safety and Health Act), and Buy American Act.
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 Act. 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 funding board. The sponsor is responsible for any and all costs or liability arising from the sponsor's failure to so comply with
applicable law
B 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 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 12.040. The sponsor also agrees to comply with the provisions of the
rules and regulations of the Washington State Department of Labor and Industries.
RCO 14-1121D Page 8 of 28
C Archaeological and Cultural Resources. The RCO facilitates the review of applicable projects for potential impacts to
archaeological sites and state cultural resources. The sponsor must assist RCO in compliance with Executive Order 05-05 or the
National Historic Preservation Act before initiating ground -disturbing activity The funding board requires documented compliance
with Executive Order 05-05 or Section 106 of the National Historic Preservation Act, whichever is applicable to the project. If a
federal agency declines to consult, the sponsor shall comply with the requirements of Executive Order 05-05 In the event that
archaeological or historic materials are discovered during project activities, work in the location of discovery and immediate
vicinity must stop instantly, the area must be secured, and notification must be provided to the following: concerned Tribes'
cultural staff and cultural committees, RCO, and the State Department of Archaeology and Historic Preservation. If human
remains are discovered during project activity, work in the location of discovery and immediate vicinity must stop instantly, the
area must be secured, and notification provided to the concerned Tribe's cultural staff and cultural committee, RCO, State
Department of Archaeology, the coroner and local law enforcement in the most expeditious manner possible according to RCW
68.50
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 the "Contractors not Allowed to Bid on
Public Works Projects" list.
SECTION 9. RECORDS
A.
Maintenance 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 six years from the date RCO deems the project complete, as defined in Section 11 Project
Reimbursements If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be
retained until all litigation, claims, or audit findings involving the records have been resolved.
B 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.
C Public Records Sponsor acknowledges that the funding board 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 Additionally, in compliance with RCW 77.85 130(8), sponsor agrees to disclose any
information in regards to expenditure of any funding received from the SRFB 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.
SECTION 10. PROJECT FUNDING
A. Authority This agreement is funded through a grant award from the recreation and conservation funding board per WAC
286-13-050 and/or the salmon recovery funding board per WAC 420-04-050 The director of RCO enters into this agreement per
delegated authority in RCW 79A.25 020 and 77.85 120
B Additional Amounts The funding board shall not be obligated to pay any amount beyond the dollar amount as identified in this
Agreement, unless an additional amount has been approved in advance by the funding board or director and incorporated by
written amendment into this Agreement.
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 funding board policy, 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 Requirements for Federal Subawards. Pre -agreements costs before the federal award date in Section F Project Funding are
ineligible unless approved by the federal award agency (2 C F.R § 200 458 (2013))
RCO 14-1121D Page 9 of 28
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 funding board may have under this
Agreement, the grant amounts identified in this Agreement shall be reduced to exclude any such expenditure from participation.
SECTION 11. PROJECT REIMBURSEMENTS
A. Reimbursement Basis. This Agreement is administered on a reimbursement basis per WAC 286-13 and/or 420-12. The sponsors
may only request reimbursement for eligible and allowable costs incurred during the period of performance. The 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 Section
F Project Funding. 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, which the sponsor may use as part of its percentage. All
reimbursement requests must include proper documentation of expenditures as required by RCO
B. Reimbursement Request Frequency Sponsors are encouraged to send RCO a reimbursement request at least quarterly
Sponsors are 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
recently published/adopted RCO policies and procedures 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 by the sponsor
D Retainage Held Until Project Complete RCO reserves the right to withhold disbursement of up to the final ten percent (10%) of
the total amount of the grant to the sponsor until the project has been completed A project is considered "complete" when:
1 All approved or required activities outlined in the Agreement are done;
2. On-site signs are in place (if applicable);
3 A final project report is submitted to and accepted by RCO;
4 Any other required documents are complete and submitted to RCO;
5 A final reimbursement request is submitted to RCO;
6 The completed project has been accepted by RCO;
7 Final amendments have been processed; and
8 Fiscal transactions are complete
9 RCO has accepted a final boundary map, if required for the project, for which the Agreement terms will apply in the future
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, must be accepted as
part of the sponsor's matching share when such contributions meet all of the following criteria:
1 Are verifiable from the non -Federal entity's (sponsor's) records,
2. Are not included as contributions for any other Federal award;
3 Are necessary and reasonable for accomplishment of project or program objectives,
4 Are allowable under 2 C.F.R. Part 200, Subpart E -Cost Principles (2013),
5 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;
6 Are provided for in the approved budget when required by the Federal awarding agency identified in Section G Federal Fund
Information of this Agreement; and
7 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:
1 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
2. 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.
3 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 unretumed amounts that
become delinquent debts.
4 Account for any real and personal property acquired with Federal funds or received from the Federal Govemment in
accordance with 2 C.F.R §§ 200 310 Insurance coverage through 200 316 Property trust relationship and 200 329 Reporting on
real property (2013)
SECTION 12. 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. See WAC 420-12.
RCO 14-1121D
Page 10 of 28
SECTION 13. 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 Overpayment Payments. 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 that payment becomes due and owing
C Requirements for Federal Subawards. The pass-through entity (RCO) 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).
SECTION 14. 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.
SECTION 15. INCOME AND USE OF INCOME
A.
B
RCFB Projects. See WAC 286-13-110 for additional requirements for projects funded from the RCFB
Income
1 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.
2. Fees User and/or other fees may be charged in connection with land acquired or facilities developed, maintained,
renovated, or restored with funding board grants if the fees are consistent with the
(a) Value of any service(s) furnished,
(b) Value of any opportunities furnished; and
(c) Prevailing range of public fees in the state for the activity involved
(d) Excepted are Firearms and Archery Range Recreation Program safety classes (firearm and/or hunter) for
which a facility/range fee must not be charged (RCW 79A.25.210)
C Use of income. Regardless of whether income or fees in a project work site (including entrance, utility corridor permit, cattle
grazing, timber harvesting, farming, etc.) are gained during or after the reimbursement period cited in the Agreement, unless
precluded by state or federal law, the revenue may only 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
funding board grant;
4 The expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the sponsor's
system; and/or
5 Capital expenses for similar acquisition and/or development and renovation.
D Requirements for Federal Subawards. Sponsors must also comply with 2 C F.R. § 200 307 Program income (2013).
SECTION 16. PROCUREMENT REQUIREMENTS
A. Procurement Requirements. If Sponsors have a procurement process that follows applicable state and/or required federal
procurement principles, it must be followed 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
4 Comply with the same legal standards regarding unlawful discrimination based upon race, ethnicity, sex, or sex -orientation
that are applicable to state agencies in selecting a bidder or proposer
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 other 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
RCO 14-11210 Page 11 of 28
B
Requirements for Federal Subawards.
1
For all Federal subawards except RTP projects, non -Federal entities (sponsors) must follow 2 C.F R §§ 200 318 General
procurement standards through 200.326 Contract Provisions (2013)
2. For RTP subawards, sponsors 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)). State procurement policies are in subsection A of this section.
SECTION 17. TREATMENT OF EQUIPMENT
A. Discontinued Use. Equipment shall remain in the possession of the sponsor for the duration of the project or applicable grant
program When the sponsor discontinues use of the equipment for the purpose for which it was funded, RCO will require the
sponsor to deliver the equipment to RCO, dispose of the equipment according to RCO policies, or return the fair market value of
the equipment to RCO Equipment shall be used only for the purpose of this Agreement, unless otherwise provided herein or
approved by RCO in writing.
B Loss or Damage. The sponsor shall be responsible for any loss or damage to equipment which results from the negligence of the
sponsor or which results from the failure on the part of the sponsor to maintain and administer that equipment in accordance with
sound management practices.
C Requirements for Federal Subawards. Except RTP, procedures for managing equipment (including replacement equipment),
whether acquired in whole or in part under a Federal award, until disposition takes place will, as a minimum, meet the following
requirements (2 C.F.R § 200.313 (2013)):
1
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 FAIN), 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
2. A physical inventory of the property must be taken and the results reconciled with the property records at least once every
two years.
3 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
4 Adequate maintenance procedures must be developed to keep the property in good condition.
5 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.
D Requirements for RTP Subawards. The subrecipient (sponsor) shall follow such policies and procedures allowed by the State
with respect to the use, management and disposal of equipment acquired under a Federal award (2 C.F.R § 1201.313 (2013)).
SECTION 18. 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, compliance,
and/or quality assurance under this Agreement.
If a landowner agreement or other form of control and tenure as described in Section 22.B Control and Tenure has been executed, it
will further stipulate and define the funding board and RCO's right to inspect and access lands acquired or developed with funding
board assistance
SECTION 19. STEWARDSHIP AND MONITORING
Sponsor agrees to perform monitoring and stewardship functions as stated in policy documents approved by the funding boards or
RCO Sponsor further agrees to utilize, where applicable and financially feasible, any monitoring protocols recommended by the
funding board
SECTION 20. PREFERENCES FOR RESIDENTS
Sponsors shall not express a preference for users of grant assisted projects on the basis of residence (including preferential
reservation, membership, and/or permit systems) except that reasonable differences in admission and other fees may be maintained
on the basis of residence. Even so, the funding board discourages the imposition of differential fees. Fees for nonresidents must not
exceed twice the fee imposed on residents. Where there is no fee for residents but a fee is charged to nonresidents, the nonresident
fee shall not exceed the amount that would be imposed on residents at comparable state or local public facilities.
SECTION 21. 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. The sponsor also shall post signs or other appropriate media during the project period of performance and in the future at
project entrances and other locations on the project which acknowledge the applicable grant program's funding contribution,
unless exempted in funding board policy or waived by the director
RCO 14-1121D Page 12 of 28
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.
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
1 The fund source;
2. The percentage of the total costs of the project that is financed with federal money;
3. The dollar amount of federal funds for the project; and
4 The percentage and dollar amount of the total costs of the project that is financed by nongovernmental sources.
SECTION 22. PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION AND RESTORATION PROJECTS
The following provisions shall be in force only if the project described in this Agreement is for construction of land or facilities in a
development, maintenance, renovation or restoration project:
A.
Document Review and Approval. The sponsor agrees to submit one copy of all construction plans and specifications to RCO for
review prior to implementation or as otherwise identified in the milestones. Review and approval by RCO will be for compliance
with the terms of this Agreement. Only change orders that impact the amount of funding or changes to the scope of the project as
described to and approved by the funding board or RCO must receive prior written approval.
g Control and Tenure The sponsor must provide documentation that shows appropriate tenure (landowner agreement, long-term
lease, easement, or fee simple ownership) for the land proposed for construction. The documentation must meet current RCO
requirements identified in the appropriate grant program policy manual as of the effective date of this Agreement.
C Nondiscrimination. 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."
D Use of Best Management Practices. Sponsors are encouraged to use best management practices developed as part of the
Washington State Aquatic Habitat Guidelines (AHG) Program. AHG documents include "Integrated Streambank Protection
Guidelines", 2002; "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.
SECTION 23. PROVISIONS APPLYING TO ACQUISITION PROJECTS
The following provisions shall be in force only if the project described in this Agreement is an acquisition project:
A. 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 funding board
policy
B 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
C Legal Description of Real Property Rights Acquired The legal description of the real property rights purchased with funding
assistance provided through this project Agreement (and protected by a recorded conveyance of rights to the State of
Washington) shall be incorporated into the Agreement before final payment.
D 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 conveying certain rights and responsibilities to RCO, on behalf of the
State of Washington. 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
1 Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve, protect, and/or use
the property for public purposes consistent with the fund source. See WAC 420-12 or 286-13 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.
2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to
RCO Sponsors shall use this document when an easement or lease is being acquired for habitat conservation or salmon
recovery purposes. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated
by reference in the easement document.
3. 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.
RCO 14-11210 Page 13 of 28
E. Real Property Acquisition and Relocation Assistance
1 Federal Acquisition Policies. When federal funds are part of this Agreement, the Sponsor agrees to comply with the terms
and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894
(1970) --Public Law 91-646, as amended by the Surface Transportation and Uniform Relocation Assistance Act, PL
100-17-1987, and applicable regulations and procedures of the federal agency implementing that Act.
2. State Acquisition Policies. When state funds are part of this Agreement, the sponsor agrees to comply with the terms and
conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington, Chapter
8.26 RCW, and Chapter 468-100 WAC
3. Housing and Relocation. In the event that housing and relocation costs, as rE:quired by federal law set out in subsection (1)
above and/or state law set out in subsection (2) above, are involved in the execution of this project, the sponsor agrees to
provide any housing and relocation assistance required.
F Buildings and Structures. In general, grant funds are to be used for outdoor recreation, habitat conservation, or salmon recovery
Sponsors agree to remove or demolish ineligible structures. Sponsors must consult RCO regarding compliance with Section 8 C
Archaeological and Cultural Resources before structures are removed or demolished.
G Hazardous Substances.
1 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(10), and certify.
a. No hazardous substances were found on the site, or
b Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal
laws, and the site deemed "clean."
2. Responsibility Nothing in this provision alters the sponsor's duties and liabilities regarding hazardous substances as set
forth in RCW 70 105D
3. Hold Harmless. The sponsor will defend, protect and hold harmless RCO 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 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.
H Requirements for Federal Subawards. The non -Federal entity (sponsor) must submit reports 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)).
SECTION 24. RESTRICTION ON CONVERSION OF REAL PROPERTY AND/OR FACILITIES TO OTHER USES
The sponsor shall not at any time convert any real property (including any interest therein) or facility acquired, developed, maintained,
renovated, and/or restored pursuant to this Agreement to uses other than those purposes for which funds were approved without prior
approval of the funding board in compliance with applicable statutes, rules, and funding board policies. Also see WAC Title 286 or
420 It is the intent of the funding board's conversion policy, current or as amended in the future, that all real property or facilities
acquired, developed, renovated, and/or restored with funding assistance remain in the public domain in perpetuity unless otherwise
identified in the Agreement or as approved by the funding board. Determination of whether a conversion has occurred shall be based
upon applicable law and RCFB/SRFB policies.
For acquisition projects that are term limited, such as one involving a lease or a term -limited restoration, renovation or development
project or easement, this restriction on conversion shall apply only for the length of the term, unless otherwise provided in written
documents or required by applicable state or federal law In such case, the restriction applies to such projects for the length of the
term specified by the lease, easement, deed, or landowner agreement.
When a conversion has been determined to have occurred, the sponsor is required to remedy the conversion per established funding
board policies.
SECTION 25. CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED PROJECTS
The following provisions shall be in force only if the project described in this Agreement is an acquisition, development, maintenance,
renovation or restoration project:
A. Property and facility operation and maintenance. Sponsor must ensure that properties or facilities assisted with funding board
funds, including undeveloped sites, are built, operated, used, and maintained
1 According to applicable federal, state, and local laws and regulations, including public health standards and building codes.
2. In a reasonably safe condition for the project's intended use.
3 Throughout its estimated useful service life so as to prevent undue deterioration.
4 In compliance with all federal and state nondiscrimination laws, regulations and policies.
RCO 14-1121D
Page 14 of 28
B Open to the public. Facilities open and accessible to the general public must:
1 Be constructed and maintained to meet or exceed the minimum requirements of the most current 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 updated.
2. Appear attractive and inviting to the public except for brief installation, construction, or maintenance periods.
3 Be available for use by the general public without reservation at reasonable hours and times of the year, according to the
type of area or facility
SECTION 26. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) SPONSORS
A corporate sponsor, including any nonprofit sponsor, shall
A. 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.
B Notify RCO prior to 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.
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.
C Sites or facilities open to the public may not require exclusive use, (e.g , members only)
SECTION 27. PROVISIONS FOR FEDERAL SUBAWARDS ONLY
The following provisions shall be in force only if the project described in this Agreement is funded with a federal subaward as identified
in Section G. Federal Fund Information.
A. Equal Employment Opportunity Except as otherwise provided under 41 C.F R. 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, 12935, 3
C.F.R. 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. § 60, "Office of Federal Contract Compliance Programs,
Equal Employment Opportunity, Department of Labor"
Federally assisted construction contract means 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. (41 C.F.R. § 60-1 3)
Construction work means 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. (41 C.F R. § 60-1 3)
B 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 3141-3144, and 3146-3148) 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 Section G. Federal Fund Information.
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 G Federal Fund
Information.
RCO 14-1121D Page 15 of 28
C Contract Work Hours and Safety Standards Act (40 U S.0 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
D 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
E. 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 G Federal Fund Information and the Regional Office of the Environmental Protection
Agency (EPA)
F Byrd Anti -Lobbying Amendment (31 U S C 1352) 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 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
G. 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.
H 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)).
Debarment and Suspension (Executive Orders 12549 and 12689) The sponsor must not award a contract (see 2 C.F R §
180.220) 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
RCO 14-11210 Page 16 of 28
SECTION 28. PROVISIONS FOR FIREARMS AND ARCHERY RANGE RECREATION PROJECTS ONLY
The following provisions shall be in force only if the project described in this Agreement is funded from the Firearms and Archery
Range Recreation Account.
A. Liability Insurance The sponsor of a firearms or archery range recreation project shall procure an endorsement, or other addition,
to liability insurance it may currently carry, or shall procure a new policy of liability insurance, in a total coverage amount the
sponsor deems adequate to ensure it will have resources to pay successful claims of persons who may be killed or injured, or
suffer damage to property, while present at the range facility to which this grant is related, or by reason of being in the vicinity of
that facility; provided that the coverage shall be at least one million dollars ($1,000,000) for the death of, or injury to, each person.
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 in Section E.
On-going Obligation
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 a program of self-insurance or a policy of self-insurance with respect to claims
arising from its facilities or activities generally, including such facilities as firearms or archery ranges, when the applicant declares
and describes that program or policy as a part of its application to the funding board.
F Sole Duty of the Sponsor By this requirement, the funding board and RCO does not assume any duty to any individual person
with respect to death, injury, or damage to property which that person may suffer while present at, or in the vicinity of, the facility
to which this grant relates. Any such person, or any other person making claims based on such death, injury, or damage, must
look to the sponsor, or others, for any and all remedies that may be available by law
SECTION 29. PROVISIONS FOR LAND AND WATER CONSERVATION FUND PROJECTS ONLY
The following provisions shall be in force only if the project described in this Agreement is funded from the Land and Water
Conservation Fund.
If the 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), the "Project Agreement General Provisions" in the LWCF State Assistance Program
Federal Financial Assistance Manual are also 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.
SECTION 30. PROVISIONS FOR FARMLAND PRESERVATION ACCOUNT PROJECTS ONLY
The following provisions shall be in force only if the project described in this Agreement is funded from the Washington Wildlife and
Recreation Program Farmland Preservation Account.
For projects funded through the Washington Wildlife and Recreation Program Farmland Preservation Account, the following sections
will not apply if covered separately in a recorded RCO approved Agricultural Conservation Easement:
A. Section 15 - Income and Income Use;
B Section 19 - Stewardship and Monitoring;
C Section 21 - Acknowledgement and Signs;
D Section 23 - Provisions applying to Acquisition Projects, Sub -sections D, F, and G,
E. Section 24 - Restriction on Conversion of Real Property and/or Facilities to Other Uses; and
F Section 25 - Construction, Operation and Maintenance of Assisted Projects.
SECTION 31. PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS ONLY
The following provisions shall be in force only if the project described in this Agreement is funded by the SRFB.
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 project Agreement. This section shall not be the basis for any
enforcement responsibility by RCO
RCO 14-1121D Page 17 of 28
SECTION 32. PROVISIONS FOR PUGET SOUND ACQUISITION AND RESTORATION PROJECTS ONLY
The following provisions shall be in force only if the project described in this Agreement is funded 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. Sub -Recipient (sponsor) will 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
and in-kind matching donations. The applicability of the cost principles depends on the type of organization incurring the costs.
B Sub -recipient (sponsor) shall meet the provisions in Office of Management and Budget (OMB) Guidance, Subpart F, §200 501
(Audit Requirements), if the sponsor expends $750,000 or more in total Federal funds in a fiscal year The $750,000 threshold for
each year is a cumulative total of all federal funding from all sources. The sponsor shall forward a copy of the audit along with the
sponsor's response and the final corrective action plan to RCO within ninety (90) days of the date of the audit report. For
complete information on how to accomplish the single audit submissions, visit the Federal Audit Clearinghouse Web
site:http://harvester census.gov/facweb
C Credit and Acknowledgement. In addition to Section 21 Acknowledgement and Signs, 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.
D 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.
E. 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.
Recipients can access the Code of Federal Regulations (CFR) Title 2 Part 1536 at: http.//ecfr gpoaccess.gov
F 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 which 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.
G. 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."
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.
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
H. Lobbying. The chief executive officer of this recipient agency (sponsor) shall ensure that no grant funds awarded under this
assistance agreement are used to engage in lobbying of the Federal Government or in litigation against the U S. unless
authorized under existing law The recipient (sponsor) shall abide by their 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 U S 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
RCO 14-1121D Page 18 of 28
All contracts awarded by sponsor shall contain, when applicable, the anti -lobbying provisions as stipulated in the Appendix at 40
C.F R. Part 30
Pursuant to Section 18 of the Lobbying Disclosure Act, sponsor 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.
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.
J Disadvantaged Business Enterprise Requirements. 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.
K. 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.
These goals are expressed as a percentage of the total dollars available for the 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 persons submitting
qualifications shall take the following affirmative steps in any procurement initiated after the effective date of this Agreement:
1 Include qualified minority and women's businesses on solicitation lists.
2. Assure that qualified minority and women's business are solicited whenever they are potential sources of services or supplies.
3. Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by
qualified minority and women's businesses.
4 Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and
women's businesses.
5 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.
L. 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:
1 There are any funds budgeted in the contractual/services, equipment or construction lines of the award,
2. $3,000 or more is included for supplies, or
3. There are funds budgeted for subawards or loans in which the expected budget(s) meet the conditions as
4 Described in items (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 can also 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 From 5700-52A can be found at the EPA Office
of Small Business Program's Home Page at http://www.epa.gov/osbp/dbe_reporting.htm.
M SIX GOOD FAITH EFFORTS, 40 C.F.R., Part 33, Subpart C Pursuant to 40 C.F.R. § 33.301, the sponsor agrees to make the
following 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:
1 Ensure Disadvantaged Business Enterprise (DBEs) are made aware of contracting opportunities to the fullest extent
practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government sponsors, this will
include placing DBEs on solicitation lists and soliciting them whenever they are potential sources.
2. 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
3. Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian
Tribal, 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.
RCO 14-1121D Page 19 of 28
N.
4 Encourage contracting with a consortium of DBEs when an Agreement is too large for one of these firms to handle individually
5 Use the services and assistance of the Small Business Administration (SBA) and the Minority Business Development of the
Department of Commerce.
6 If the sponsor awards subcontracts, require the sponsor to take the steps in paragraphs (1) through (5) of this section.
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 assistance 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 CF.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:
Certification Regarding Lobbying, EPA Form 6600-06. http://www.epa.gov/ogd/AppKit/form/Lobbying_sec.pdf
Disclosure of Lobbying Activities, SF LLL. http.//www.epa.gov/ogd/AppKitlform/sflllin_sec.pdf
Legal expenses required in the administration of Federal programs are allowable. Legal expenses for prosecution of claims
against the Federal Government are unallowable.
O 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 riot include transportation and
subsistence costs for travel performed (the recipient will pay these in accordance with their normal travel reimbursement
practices)
Subagreements with firms for services which 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, 2014, the limit is $602.24 per day $75.28 per hour
p 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 technical review or advisory group consisting of relevant subject matter
specialists. A record of 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
SECTION 33. PROVISIONS FOR ESTUARY AND SALMON RESTORATION PROGRAM - EPA AND MARINE
SHORELINE
The following provisions shall be in force only if the project described in this Agreement is funded from the Estuary and Salmon
Restoration Program - EPA or the Marine Shoreline Protection program.
The sponsor shall comply with all applicable federal, State, and local laws, rules, and regulations in carrying out the terms and
conditions of this Agreement.
A. Administrative Conditions
1 Cost Principles. The sponsor agrees to comply with the cost principles of 2 C.F.R Part 200 (2013). Unless otherwise
indicated, the Cost Principles apply to the use of funds provided under this Agreement and In-kind matching donations. The
applicability of the Cost Principles depends on the type of organization incurring the costs.
2. Audit Requirements. The sponsor shall fully comply with requirements of 2 C.F.R. Part 200, Subpart F- Audit Requirements
(2013), if applicable. See also Section F Project Funding.
3. Hotel -Motel Fire Safety Act. Pursuant to 40 C.F.R. 30 18, if applicable, and 15 U S C 2225a, sponsor agrees to ensure that
all space for conferences, meetings, conventions, or training seminars funded in whole or in part with federal funds complies
with the protection and control guidelines of the Hotel and Motel Fire Safety Act (PL 101-391, as amended. The sponsor
may search the Hotel -Motel National Master List at: http.//www usfa.dhs.gov/applications/hotel to see if a property is in
compliance (FEMA ID is currently not required), or to find other information about the Act.
4 Recycled Paper
a. Institutions of Higher Education Hospitals and Non -Profit Organizations. In accordance with 40 C F.R. 30 16, sponsor
agrees to use recycled paper and double -sided printing for all reports which are prepared as a part of this Agreement
and delivered to EPA. This requirement does not apply to reports prepared on forms supplied by EPA, or to Standard
Forms, which are printed on recycled paper and are available through the General Services Administration.
RCO 14-1121D Page 20 of 28
b State Agencies and Political Subdivisions. In accordance with Section 6002 of the Resource Conservation and
Recovery Act (RCRA) (42 U S.0 6962) any State agency or agency of a political subdivision of a State which is using
appropriated Federal funds shall comply with the requirements set forth. Regulations issued under RCRA Section 6002
apply to any acquisition of an item where the purchase price exceeds $10,000 or where the quantity of such items
acquired in the course of the preceding fiscal year was $10,000 or more. RCRA Section 6002 requires that preference
be given in procurement programs to the purchases of specific products containing recycled materials identified in
guidelines developed by EPA. These guidelines are listed in 40 C F.R. 247
c. State and Local Institutions of Higher Education and Non -Profit Organizations In accordance with 40 C F.R. § 30 16,
State and local institutions of higher education, hospitals, and non-profit organizations that receive direct Federal funds
shall give preference in their procurement programs funded with Federal funds to the purchase of recycled products
pursuant to EPA's guidelines.
d State Tribal and Local Government Recipients. In accordance with the policies set forth in EPA Order 1000.25 and
Executive Order 13423, Strengthening Federal Environmental, Energy and Transportation Management (January 24,
2007), the sponsor agrees to use recycled paper and double sided printing for all reports which are prepared a part of
this Agreement and delivered to EPA. This requirement does not apply to reports prepared on forms supplied by EPA,
or to Standard Forms, which are printed on recycled paper and are available through the General Services
Administration.
5 Lobbying. The sponsor agrees to comply with Title 40 C F.R. Part 34, New Restrictions on Lobbying The 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 recipient who makes a prohibited expenditure under Title 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. See also Section 11 Compliance with Applicable Federal Laws.
a. Part 30 Recipients. All contracts awarded by the sponsor shall contain, when applicable, the anti -lobbying provisions as
stipulated in the Appendix at Title 40 CFR Part 30
Pursuant to Section 18 of the Lobbying Disclosure Act, the sponsor 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.
b Lobbying and Litigation. The sponsor's chief executive officer 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 Appendix 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.
6 Suspension and Debarment. The sponsor shall fully comply with Subpart C of 2 C F R. Part 180 and 2 C.F.R. Part 1532,
entitled `Responsibilities of Participants Regarding Transaction (Doing Business with Other Persons)' The sponsor is
responsible for ensuring that any lower tier covered transaction as described in Subpart B of 2 C.F R. Part 180 and 2 C F.R.
Part 1532, entitled 'Covered Transactions', includes a term or condition requiring compliance with Subpart C The sponsor is
responsible for further requiring the inclusion of a similar term or condition in any subsequent lower tier covered
transactions. The sponsor acknowledges that failing to disclose the information as required at 2 C.F.R. § 180 335 may result
in the delay or negation of this assistance agreement, or pursuance of legal remedies, including suspension and debarment.
The sponsor may access the Excluded Parties List System at: http.//www.epls.gov This term and condition supersedes EPA
Form 5700-49, `Certification Regarding Debarment, Suspension, and Other Responsibility Matters' See also Section 27
Provisions for Federal Subawards Only
7 Drug -Free Workplace Certification. The sponsor must 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 sponsor must identify all known workplaces under its federal award; and keep this information on file during
the performance of the award.
a. Sponsors who are individuals must comply with the drug-free provisions set forth in 2 C.F.R. Part 1536 Subpart C
b The consequences for violating this condition are detailed under 2 C.F.R. Part 1536 Subpart E. The sponsor can
access 2 C.F R Part 1536 at http.//ecfr gpoaccess.gov
8 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 expenses added to the direct costs in order to
accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for other similar costs which are not
allowable under this assistance agreement. Management fees or similar charges may not be used to improve or expand the
project funded under this Agreement, except to the extent authorized as a direct cost of carrying out the scope of work.
g Reimbursement Limitation. If the sponsor expends more than the grant amount in this Agreement in its approved budget in
anticipation of receiving additional funds, it does so at its own risk. The Federal Government and RCO is not legally
obligated to reimburse the sponsor for costs incurred in excess of the approved budget. See also Section 11 Project
Reimbursements.
RCO 14-1121D Page 21 of 28
10 Trafficking in Persons. The following prohibition statement applies to the sponsor, and all sub-awardees of the sponsor The
sponsor must include this 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 "
11 Disadvantaged Business Enterprise Requirements, General Compliance. The sponsor agrees to comply with the
requirements of EPA's Program for Utilization of Small, Minority and Women's Business Enterprises in procurement under
assistance agreements, contained in 40 C.F.R. Part 33
12. Sub -Awards. If the sponsor makes sub -awards under this Agreement, the sponsor is responsible for selecting its
sub-awardees and, if applicable, for conducting sub -award competitions. The sponsor agrees to.
a Establish all sub -award agreements in writing;
b Maintain primary responsibility for ensuring successful completion of the approved project (SPONSORS CANNOT
DELEGATE OR TRANSFER THIS RESPONSIBILITY TO A SUB-AWARDEE),
c. Ensure that any sub -awards comply with the standards in 2 C F.R. Part 200, and are not used to acquire commercial
goods or services for the sub-awardee;
d Ensure that any sub -awards to 501(c)(4) organizations do not involve lobbying activities;
e.
Monitor the performance of sub-awardees, and ensure sub-awardees comply with all applicable regulations, statutes,
and terms and conditions which flow down in the sub -award;
f. Obtain RCO's consent before making a sub -award to a foreign or intemational organization, or a sub -award to be
performed in a foreign country; and
Obtain approval from RCO for any new sub -award work that is not outlined in the approved work plan in accordance
with 40 C F R. Parts 30.25 and 31.30, as applicable.
9.
13. Federal Employees. No Subcontract or grant funds may be used to provide any Federal Employee transportation
assistance, reimbursement, and any other expense
14 Fly America Act. The sponsor agrees to comply with 49 U S C 40118 (the "Fly America" act) in accordance with the General
Services Administration's regulations at 41 C.F.R. Part 301-10, which provide that recipients and subrecipients of Federal
funds and their contractors are required to use U S Flag air carriers for U S Government -financed intemational air travel
and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air
carrier is a matter of necessity, as defined by the Fly America Act. The sponsor shall submit, if a foreign air carrier was used,
an appropriate certification or memorandum adequately explaining why service by U S flag air carrier was not available or
why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly
America requirements. The sponsor agrees to include the requirements of this section in all subcontracts that may involve
international air transportation.
15. Recovered Materials. The sponsor agrees to comply with all the requirements of Section 6002 of the Resource
Conservation and Recovery Act (RCRA), as amended (42 U S C 6962), including but not limited to the regulatory provisions
of 40 C F.R. Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of
40 C F.R. Part 247 See also Section 27 Provisions for Federal Subawards Only
16. Copeland "Anti -Kickback" Act. All contracts and subgrants in excess of $2,000 for construction or repair awarded by
recipients and subrecipients shall include a provision for compliance with the Copeland "Anti -Kickback" Act (18 U S C 874),
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 shall 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 is otherwise entitled. The recipient
shall report all suspected or reported violations to the Federal awarding agency See also Section 27 Provisions for Federal
Subawards Only
17 Davis -Bacon Act, as amended (40 U S C 276a to a-7). When required by Federal program legislation, all construction
contracts awarded by the recipients and subrecipients of more than $2,000 shall include a provision for compliance with the
Davis -Bacon Act (40 U S.0 276a to a-7) and as supplemented by Department of Labor regulations (29 C.F.R. Part 5,
"Labor Standards Provisions Applicable to Contracts Goveming Federally Financed and Assisted Construction") Under this
Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages
specified in a wage determination made by the Secretary of Labor In addition, contractors shall be required to pay wages
not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the
Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage
determination. The recipient shall report all suspected or reported violations to the Federal awarding agency See also
Section 27 Provisions for Federal Subawards Only
RCO 14-1121D Page 22 of 28
1 g. Contract Work Hours and Safety Standards Act (40 U S C 327-333). Where applicable, all contracts awarded by recipients
in excess of $2000 for construction contracts and in excess of $2,500 for other contracts that involve the employment of
mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and
Safety Standards Act (40 U.S C 327-333), as supplemented by Department of Labor regulations (29 C.F.R. Part 5) Under
Section 102 of the Act, each contractor shall 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 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the
work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall 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. See also Section 27 Provisions for Federal Subawards Only
19 Rights to Inventions Made Under a Contract or Agreement. Contracts or agreements for the performance of experimental,
developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting
invention in accordance with 37 C.F.R. Part 401, "Rights to Inventions made by Nonprofit Organizations and Small Business
Firms Under Govemment Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the
awarding agency See also Section 27 Provisions for Federal Subawards Only
20 FY12 APPR ACT Unpaid Federal Tax liabilities and Federal Felony Convictions. This Agreement is subject to the provisions
contained in the Department of Interior, Environment, and Related Agencies Appropriations Act, 2012, HR 2055, Division E,
Sections 433 and 434 regarding unpaid federal tax liabilities and federal felony convictions. Accordingly, by accepting this
award the recipient acknowledges that it (1) is not subject to any unpaid Federal tax liability that has been assessed, for
which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely
manner pursuant to an agreement with the authority responsible for collecting the tax liability, and (2) has not been
convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal conviction under and Federal law
within 24 months preceding the award, unless EPA has considered suspension or debarment of the corporation, or such
officer or agent, based on these tax liabilities or convictions and determined that such action is not necessary to such action
is not necessary to protect the Government's interests. If the recipient fails to comply with these provisions, EPA will annul
this agreement and may recover any funds the recipient has expended in violation of sections 433 and 434
B Programmatic Conditions:
1
Semi -Annual FEATS Performance Reports. The sponsor is required to submit performance reports every six months,
unless a different reporting frequency is outlined in the Scope of Work, using the reporting tool supplied by RCO The
sponsor agrees to include brief information on each of the following areas:
a. Comparison of actual accomplishments to the outputs/outcomes established in the assistance agreement work plan for
the period,
b The reasons for slippages if the established outputs/outcomes were not met; AND
c.
Additional pertinent information, including when appropriate, analysis and information of cost overruns or high unit
costs.
Reporting periods are from October 1 to March 31 and April 1 to September 30 Performance reports are due to RCO 15
days after the end of each reporting period
2. Final Performance Report. In addition to the periodic performance reports, the sub -recipient will submit a final performance
report to RCO within 60 calendar days after the expiration or termination of the award. The report shall be submitted to the
RCO Grant Manager and must be provided electronically The report shall generally contain the same information as in the
periodic reports, but should cover the entire project period
3. Recognition of EPA Funding. Reports, documents, signage, videos, or other media, developed as part of projects funded by
this Agreement shall contain the following statement:
"THIS PROJECT HAS BEEN FUNDED WHOLLY OR IN PART BY THE UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY UNDER ASSISTANCE AGREEMENT TO WASHINGTON DEPARTMENT OF FISH AND WILDLIFE. 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."
4 Copyrighted Material. EPA has the right to reproduce, publish, use, and authorize others to use copyrighted works or other
data developed under this assistance agreement for Federal purposes.
RCO acknowledges that EPA may authorize another grantee to use copyrighted works or other data developed under this
Agreement as a result of a) the selection of another grantee by EPA to perform a project that will involve the use of the
copyrighted works or other data or; b) termination or expiration of this agreement.
5 Peer Review The results of this project may affect management decisions relating to Puget Sound. Prior to finalizing any
significant technical products the Principal Investigator (PI) of this project must solicit advice, review and feedback from a
technical review or advisory group consisting of relevant subject matter specialists. A record of comments and a brief
description of how respective comments are addressed by the PI will be provided to the RCO Grants Manager prior to
releasing any final reports or products resulting from the funded study
RCO 14-1121D Page 23 of 28
6 Quality Assurance Requirements. Acceptable Quality Assurance documentation must be submitted to the Grant Program
within 30 days of acceptance of this agreement or another date as negotiated with the RCO Grants Manager The National
Estuary Program (NEP) Quality Coordinator supports quality assurance for EPA -funded NEP projects. No work involving
direct measurements or data generation, environmental modeling, compilation of data from literature or electronic media,
and data supporting the design, construction, and operation of environmental technology shall be initiated under an
agreement until RCO or the NEP Quality Coordinator has approved the quality assurance document. The sponsor will
submit all Quality Assurance documentation to the following address. Please copy the Grant Program on all correspondence
with the NEP Quality Coordinator Thomas H. Gries, NEP Quality Coordinator Department of Ecology Tgri460@ecy wa.gov
360 407.6327
7 Environmental Data and Information Technology Sub -recipients are required to institute standardized reporting
requirements into their work plans and include such costs in their budgets. All environmental data will be required to be
entered into the EPA's Storage and Retrieval data system (STORET). The best method (local or state consolidated) for
reporting will be determined on a project -by -project basis between the DFW grant manager and sub -recipient. More
information about STORET can be found at http://www.epa gov/STORET
SECTION 34. PROVISIONS FOR ESTUARY AND SALMON RESTORATION PROGRAM - EPA PROJECTS ONLY
The following provisions shall be in force only if the project described in this Agreement is funded from the Estuary and Salmon
Restoration Program - EPA.
A. DUNS and CCR Requirements
1
Unless otherwise exempted from this requirement under 2 C F R. § 25 110, the sponsor must maintain the currency of its
information in the CCR until submission of its final financial report required under this Agreement or receive the final
payment, whichever is later
2. The sponsor may not make a sub -award to any entity unless the entity has provided its DUNS number to the sponsor
B FY2011 ACORN Funding Restriction. No funds provided under this Agreement may be used for sub-awards/sub-grants or
contracts to the Association of Community Organizations for Reform NOW (ACORN) or any of its subsidiaries
SECTION 35. PROVISIONS FOR MARINE SHORELINE PROTECTION PROGRAM PROJECTS ONLY
The following provisions shall be in force only if the project described in this Agreement is funded from the Marine Shoreline
Protection program.
The Sub -Recipient shall comply with all applicable federal, State, and local laws, rules, and regulations in carrying out the terms and
conditions of this Agreement.
A. Federal Finance Report (FFR). Recipients (sponsor) shall submit final Federal Financial Reports (FFR), Standard Form 425
(SF -425), to EPA no later than 90 calendar days after the end of the project period. The form is available on the internet at
www.epa.gov/ocfo/finservices/forms.htm. All FFRs must be submitted to the Las Vegas Finance Center US EPA, LVFC, 4220 S
Maryland Pkwy Bldg C, Rm 503, Las Vegas, NV 89119, or by FAX to. 702-798-2423. The LVFC will make adjustments, as
necessary, to obligated funds after reviewing and accepting a final Federal Financial Report. Recipients (sponsor) will be notified
and instructed by EPA if they must complete any additional forms for the closeout of the assistance agreement. EPA may take
enforcement actions in accordance with 40 C.F.R. § 30 62 and 40 C.F R. § 31 43 if the recipient does not comply with this term
and condition.
B Reimbursement Limitation. If the sponsor expends more than the amount of federal funding in its approved budget in anticipation
of receiving additional funds, it does so at its own risk. The Federal Government and RCO is not legally obligated to reimburse
Sub -Recipient for costs incurred in excess of the approved budget.
C DUNS and CCR Requirements
1
Requirement for Central Contractor Registration (CCR)/System for Award Management (SAM) Unless the sponsor is
exempted from this requirement under 2 C.F.R. § 25 110, the sponsor must maintain the currency of its information in the
SAM until the sponsor submits the final financial report required under this award or receive the final payment, whichever is
later This requires that the sponsor review and update the information at least annually after the initial registration, and
more frequently if required by changes in your information or another award term.
2. Requirement for Data Universal Numbering System (DUNS) numbers. If the sponsor is authorized to make subawards
under this award, the sponsor
a. Must notify potential subrecipients that no entity may receive a subaward from the sponsor unless the entity has
provided its DUNS number to the sponsor
b May not make a subaward to an entity unless the entity has provided its DUNS number to the spnosor
RCO 14-1121D Page 24 of 28
3 Definitions. For purposes of this award term:
a. Central Contractor Registration (CCR)/System for Award Management (SAM) means the Federal repository into which
an entity must provide information required for the conduct of business as a recipient. Additional information about
registration procedures may be found at the System for Award Management (SAM) Internet site http://www.sam.gov
b Data Universal Numbering System (DUNS) number means the nine -digit number established and assigned by Dun and
Bradstreet, Inc. (D&B) to uniquely identify business entities A DUNS number may be obtained from D&B by telephone
(currently 866-705-5711) or the Internet (currently at http://fedgov.dnb.com/webform).
c. Entitv.as it is used in this award term, means all of the following, as defined at 2 C F.R Part 25, subpart C
i. A Governmental organization, which is a State, local government, or Indian tribe;
ii. A foreign public entity;
iii. A domestic or foreign nonprofit organization,
iv A domestic or foreign for-profit organization; and
v A Federal agency, but only as a subrecipient under an award or subaward to a non -Federal entity
d. Subaward.
i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or
program for which you received this award and that you as the recipient award to an eligible subrecipient.
ii. The term does not include your procurement of property and services needed to carry out the project or program (for
further explanation, see Sec. --.210 of the attachment to OMS Circular A-133, "Audits of States, Local Governments,
and Non -Profit Organizations")
iii. A subaward may be provided through any legal agreement, including an agreement that you consider a contract.
e. Subrecipient means an entity that:
i Receives a subaward from you under this award, and
ii. Is accountable to you for the use of the Federal funds provided by the subaward
D CIVIL RIGHTS OBLIGATIONS
1
General. This term and condition incorporates by reference the signed assurance provided by the recipient's authorized
representative on. 1) EPA Form 4700-4, "Preaward Compliance Review Report for All Applicants and Recipients Requesting
EPA Financial Assistance"; and 2) Standard Form 4248 or Standard Form 424D, as applicable These assurances and this
term and condition obligate the recipient to comply fully with applicable civil rights statutes and implementing EPA
regulations
2. Statutory Requirements In carrying out this agreement, the recipient must comply with.
a. Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, and national origin, including
limited English proficiency (LEP), by entities receiving Federal financial assistance
b Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination against persons with disabilities by entities
receiving Federal financial assistance, and
c. The Age Discrimination Act of 1975, which prohibits age discrimination by entities receiving
d
Federal financial assistance.
If the recipient is conducting an education program under this agreement, it must also comply with Title IX of the Education
Amendments of 1972, which prohibits discrimination on the basis of sex in education programs and activities operated by
entities receiving Federal financial assistance.
If this agreement is funded with financial assistance under the Clean Water Act (CWA), the recipient must also comply with
Section 13 of the Federal Water Pollution Control Act Amendments of 1972, which prohibits discrimination on the basis of
sex in CWA-funded programs or activities.
3. Regulatory Requirements The recipient agrees to comply with all applicable EPA civil rights regulations, including.
a. For Title IX obligations, 40 C F.R. Part 5, and
b For Title VI, Section 504, Age Discrimination Act, and Section 13 obligations, 40 C.F.R. Part 7
c. As noted on the EPA Form 4700-4 signed by the recipient's authorized representative, these regulations establish
specific requirements including maintaining compliance information, establishing grievance procedures, designating a
Civil Rights Coordinator, and providing notices of non-discrimination.
RCO 14-1121D Page 25 of 28
4 Title VI - LEP, Public Participation and Affirmative Compliance Obligation.
a. As a recipient of EPA financial assistance, you are required by Title VI of the Civil Rights Act to provide meaningful
access to LEP individuals. In implementing that requirement, the recipient agrees to use as a guide the Office of Civil
Rights (OCR) document entitled "Guidance to Environmental Protection Agency Financial Assistance Recipients
Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons." The
guidance can be found at http.//frwebgate.access.gpo.gov/cgi-binlgetdoc.cgi?dbname=2004
register&docid=fr25jn04-79 pdf
b If the recipient is administering permitting programs under this agreement, the recipient agrees to use as a guide
OCR's Title VI Public Involvement Guidance for EPA Assistance Recipients Administering Environmental Permitting
Programs. The Guidance can be found at http://edocket.access.qpo gov/2006/pdf/06-2691.pdf In accepting this
assistance agreement, the recipient acknowledges it has an affirmative obligation to implement effective Title VI
compliance programs and ensure that its actions do not involve discriminatory treatment and do not have
discriminatory effects even when facially neutral. The recipient must be prepared to demonstrate to EPA that such
compliance programs exist and are being implemented or to otherwise demonstrate how it is meeting its Title VI
obligations.
E. Additional Term and Condition for Agricultural Landowners - Riparian Buffer Term for Agricultural Landowners. To be eligible for
NEP implementation funding, provided directly or through a subaward, a private agricultural land owner whose property borders
fresh or estuarine waters must establish and maintain a riparian buffer on all water courses on the property consistent with the
National Marine Fisheries Service (NMFS) guidelines for Riparian Buffers Along Agricultural Water Courses in NW Washington
and NRCS guidance on the NMFS guidelines. A land owner may be excluded from meeting this requirement if the funding is used
solely for removal of shoreline armoring, onsite sewage system repair or replacement, engineered dike setbacks, or culvert or
tide -gate replacements that provide for fish passage at all life stages. In some cases, the NJ\.1 FS recommendations are framed
in terms of ranges of buffer widths rather than point estimates, and expressed as probabilities of achieving desired outcomes.
Local conditions and local circumstances matter, and may affect the choice of the riparian buffer most effective at achieving
salmon recovery Buffer widths may be less than specified in the table in cases where there is a scientific basis for doing so and
all affected tribes in the watershed agree to deviations from the NMFS guidelines or where there are physical constraints on an
individual parcel (e g transportation corridors, structures, naturally occurring.
SECTION 36. 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 an inconsistency in the terms of this Agreement, or
between its terms and any applicable statute, rule, or policy or procedure, the inconsistency 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 govemment;
D Federal grant program policies and procedures adopted by a federal agency;
E. State law;
F Washington Administrative Code,
G Project Agreement;
H Board policies and procedures.
SECTION 37. AMENDMENTS
Amendments to this Agreement shall be binding only if in writing and signed by personnel authorized to bind each of the parties
except period of performance extensions in and minor scope adjustments need only be signed by RCO's director or designee, unless
the consent of the sponsor to an extension or scope adjustment is required by its auditing policies, regulations, or legal requirements,
in which case, no extension shall be effective until so consented
SECTION 38. LIMITATION OF AUTHORITY
Only RCO or RCO's delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority
to alter, amend, modify, or waive any clause or condition of this Agreement. Furthermore, any alteration, amendment, modification, or
waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by RCO
SECTION 39. 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 to the
original Agreement.
SECTION 40. APPLICATION REPRESENTATIONS -- MISREPRESENTATIONS OR INACCURACY OR BREACH
The funding board 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.
RCO 14-1121D Page 26 of 28
SECTION 41. SPECIFIC PERFORMANCE
The funding board and RCO may enforce this Agreement by the remedy of specific performance, which usually will mean completion
of the project as described in this Agreement. However, the remedy of specific performance shall not be the sole or exclusive remedy
available to RCO No remedy available to the funding board or RCO shall be deemed exclusive. The funding board or 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
SECTION 42. TERMINATION
The funding board and RCO will require 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 all funding board and RCO policies, and with the representations of the
sponsor in its application for a grant as finally approved by the funding board. For federal awards, notification of termination will
comply with 2 C.F.R. § 200.340
A.
For Cause. The funding board or the director may suspend or terminate the obligation to provide funding to the sponsor under
this Agreement:
1 In the event of any breach by the sponsor of any of the sponsor's obligations under this Agreement; or
2. If the sponsor fails to make progress satisfactory to the funding board or 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
In the event this Agreement is terminated by the funding board or director, under this section or any other section after any
portion of the grant amount has been paid to the sponsor under this Agreement, the funding board or director may require that
any amount paid be repaid to RCO for redeposit into the account from which the funds were derived.
B 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
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. If this Agreement is so terminated, RCO shall be liable
only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of
termination.
SECTION 43. DISPUTE HEARING
Except as may otherwise be provided in this Agreement, when a dispute arises between the sponsor and the funding board, 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
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 third person shall be chosen by the funding board's chair
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.
The parties shall be bound by the decision of the disputes panel, unless the remedy directed by that panel shall be without the
authority of either or both parties to perform, as necessary, or is otherwise unlawful.
Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party The request shall be
delivered or mailed within thirty (30) days of the date the requesting party has received notice of the action or position of the other
party which it wishes to dispute. The written Agreement to use the process under this section for resolution of those issues shall be
delivered or mailed by the receiving party to the requesting party within thirty (30) days of receipt by the receiving party of the request.
All costs associated with the implementation of this process shall be shared equally by the parties.
SECTION 44. ATTORNEYS' FEES
In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own attomey fees and costs.
RCO 14-1121D Page 27 of 28
SECTION 45. 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 a county
where the project is situated The sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of
Washington.
SECTION 46. PROVISIONS APPLICABLE ONLY IF FEDERALLY RECOGNIZED INDIAN TRIBE IS THE SPONSOR
In the cases where this Agreement is between the funding board (State) and a federally recognized Indian Tribe, the following
governing law/venue applies, but only between those parties.
A.
Notwithstanding the above venue provision, if the State of Washington intends to initiate a lawsuit against a federally recognized
Indian tribe relating to the performance, breach or enforcement of this Agreement, it shall so notify the Tribe. If the Tribe believes
that a good faith basis exists for subject matter jurisdiction of such a lawsuit in federal court, the Tribe shall so notify the State
within five days of receipt of such notice and state the basis for such jurisdiction. If the Tribe so notifies the State, the State shall
bring such lawsuit in federal court; otherwise the State may sue the Tribe in the Thurston County Superior Court. Interpretation of
the Agreement shall be according to applicable State law, except to the extent preempted by federal law In the event suit is
brought in federal court and the federal court determines that it lacks subject matter jurisdiction to resolve the dispute between
the State and Tribal Party, then the parties agree to venue in Thurston County Superior Court.
B Any judicial award, determination, order, decree or other relief, whether in law or equity or otherwise, resulting from such a
lawsuit shall be binding and enforceable on the parties. Any money judgment or award against a Tribe, tribal officers, employees,
and members, or the State of Washington and its officers and employees may exceed the amount provided for in Section F
Project Funding of the Agreement in order to satisfy the judgment.
C The Tribe hereby waives its sovereign immunity for suit in federal and state court for the limited purpose of allowing the State to
bring such actions as it determines necessary to give effect to this section and to the enforcement of any judgment relating to the
performance, or breach of this Agreement. This waiver is not for the benefit of any third party and shall not be enforceable by any
third party or by any assignee of the parties In any enforcement action, the parties shall bear their own enforcement costs,
including attorneys' fees.
For purposes of this provision, the State includes the RCO and any other state agencies that may be assigned or otherwise obtain the
right of the RCO to enforce this Agreement.
SECTION 47. 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.
RCO 14-1121D Page 28 of 28
Eligible Scope Activities
Project Sponsor: Yakima Parks & Recreation Department Project Number: 14-1121
Project Title: Randall Park Renovation Project Type: Development
Program: WWRP - Local Parks Approval: 7/10/2015
Project Metrics
Sites Improved
Project acres developed:
Project acres renovated:
0 00
36.30
Development Metrics
Worksite #1, Randall Park
Buildings and Structures
Construct / install restroom
Number of restrooms. 2 new, 0 renovated
Select the restroom type Restroom
General Site Improvements
Construct picnic shelter
Number of group picnic shelters: 1 new, 0 renovated
Develop paths/walkways
Select the surface of the path/walkway. Asphalt
Linear feet of path/walkway. 4400
Walkway lighting provided (yes/no) Yes
Number of walkway bridges. 0 new, 0 renovated
Develop viewpoint
Number of designated viewpoints. 1 new, 0 renovated
Select the viewpoint structures. Benches/seating, Viewing platform
Habitat enhancement
Acres of the habitat enhancement area 0.25
Acres of wetland created: 0 00
Wetland acres restored / enhanced 0 00
Linear feet of stream bank / shoreline restored or enhanced 120
Install fencing/barriers
Install lighting (general security)
Number of general security lights installed 8
Install signs/kiosk
Number of kiosks: 0 new, 0 renovated
Number of interpretive signs/displays. 0 new, 0 renovated
Number of permanent entrance signs. 2 new, 0 renovated
Number of electronic signs 0 new, 0 renovated
Project involves installation of informational signs (yes/no): No
Install site furnishings
Landscaping improvements
Acres of landscaped area 1 00
Select the landscape features Drainage, Grass/turf, Native vegetation
Shoreline protection
Linear feet of shoreline protection: 400
Select the shoreline protection type Plantings/vegetation
ELIGREIM.RPT
September 15, 2015
Page: 1
Eligible Scope Activities
Parking and Roads
Parking development
Number of vehicle parking stalls
Number of vehicle with trailer parking stalls:
Number of accessible parking stalls.
Vehicle with trailers
Vehicle
Select the parking surfaces
Select the parking enhancements:
Play Areas
Playground development
Number of play areas.
Number of climbing walls/rocks
Select the play area surface material type
Site Preparation
General site preparation
Trails
Trail development
Linear miles of trail
Select the trail surface types.
Linear miles of boardwalk
Select the trail structures
Number of trailheads.
Trail bridge development
Number of trail bridges 15 feet and over
Select the bridge types
Utilities
Install power utilities
Select the power utilities.
Install sewage system
Number of dump stations.
Select the sewer utilities.
Install stormwater system
Select the stormwater utilities:
Install water system
Select the water utilities.
Cultural Resources
Cultural resources
Permits
Obtain permits
Architectural & Engineering
Architectural & Engineering (A&E)
ELIGREIM.RPT
September 15, 2015
20 new, 110 renovated
0 new, 0 renovated
0
7
Asphalt
Bio-swale, Curbs, Security lighting,
Striping
1 new, 0 renovated
1 new, 0 renovated
Engineered wood fiber
0 00 new, 0 50 renovated
Compacted Gravel
0 00 new, 0 00 renovated
None
0 new, 0 renovated
2 new, 0 renovated
Steel
General service connection,
Relocate/bury power utility
0 new, 0 renovated
Sewer connection, Sewer line, Sewer
relocation
Rain garden
Water line, Water meter, Water service
connection, Water system relocation
Page: 2
Project Number:
Project Name:
Sponsor:
Project Manager:
Milestone Report By Project
14-1121 D
Randall Park Renovation
Yakima Parks & Recreation
Laura Moxham
X
X
!
Milestone
Design Initiated
Target Date
02/27/2014
Comments/Description
Conceptual design
X
SEPA/NEPA Completed
02/28/2015
X
Applied for Permits
05/31/2015
X
Project Start
07/10/2015
X
!
Cultural Resources Complete
08/01/2015
RCO has completed cultural resources
consultation with Native American
tribes and the Department of
Archaeology and Historic Preservation
No further cultural resource
investigation is required at this time.
DAHP Log No 072015-14-RCFB
All Bid Docs/Plans to RCO
12/01/2015
!
Progress Report Submitted
12/15/2015
60% Plans to RCO
12/31/2015
Bid Awarded/Contractor Hired
01/01/2016
i
Construction Started
01/31/2016
!
Annual Project Billing
07/31/2016
Progress Report Submitted
07/31/2016
Progress Report Submitted
12/15/2016
50% Construction Complete
01/31/2017
RCO Interim Inspection
03/31/2017
90% Construction Complete
06/30/2017
Progress Report Submitted
07/31/2017
!
Annual Project Billing
07/31/2017
Progress Report Submitted
12/15/2017
Construction Complete
03/31/2018
Funding Acknowl Sign Posted
04/30/2018
RCO Final Inspection
04/30/2018
!
Agreement End Date
04/30/2018
Final Billing to RCO
06/15/2018
Final Report in PRISM
06/30/2018
1MILESTO RPT
September 15, 2015
Page:
1
X = Milestone Complete
! = Critical Milestone
1MILESTO RPT
Milestone Report By Project
September 15, 2015 Page: 2
ITEM TITLE:
SUBMITTED BY:
SUMMARY EXPLANATION:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. S.I.
For Meeting of: October 20, 2015
Resolution authorizing an agreement with the State of Washington by
and through the Recreation and Conservation Funding Board (RCFB)
and the Recreation and Conservation Office (RCO) for the grant to
renovate Randall Park
Scott Schafer, Director of Public Works
Ken Wilkinson, Parks and Recreation Manager/576-6416
Yakima City Council and the Yakima Parks and Recreation Commission have previously approved a
comprehensive plan that includes the redevelopment of Randall Park. The $500,000 RCO Grant aids in
financing the cost of the restoration project.
Attached is the Funding Board Project Agreement from Washington State Recreation and Conservation
Office for the Randall Park Improvement Project grant. This agreement defines the commitments of the City
of Yakima and the State of Washington RCO.
Resolution: X Ordinance:
Other (Specify):
Contract: X
Start Date: July 10, 2015
Item Budgeted: Yes
Funding Source/Fiscal
Impact:
Strategic Priority: Partnership Development
Insurance Required? Yes
Mail to: Jenise Sanders, Parks and Recreation Admin. Secretary
Phone: 509-575-6164
Contract Term:
End Date: April 30,2018
Amount: 500,000
Matching funding sources will be donations, REET II and Parks Capital.
APPROVED FOR
SUBMITTAL:
City Manager
RECOMMENDATION:
Yakima Parks and Recreation Staff recommend approval of this agreement.
ATTACHMENTS:
Description Upload Date Type
❑ RCO Memo 10/12/2015 Coker Memo
❑ resolution RCO agreement 10/9/2015 Resolution
❑ RCO Agreement 10/13/2015 Contract
Memorandum
Date: October 12, 2015
To: Honorable Mayor, Members of City Council, City Manager
From: Scott Schafer, Public Works Director
Ken Wilkinson, Parks and Recreation Manager
Subject: Agreement between City of Yakima and RCO
The Funding Board Project Agreement from Washington State Recreation and Conservation
Office for the Randall Park Improvement Project grant defines the commitments of the City of
Yakima and the State of Washington RCO.
1. Any grant assistance received will be used for direct costs associated with
implementation of the project referenced above;
2. The City of Yakima hereby certifies that its matching share of project funding will be
derived from donations, REET 2 funds, Parks and Recreation Capital funds, and that the
City of Yakima is responsible for supporting all non-cash commitments to this project
should they not materialize;
3. The City of Yakima acknowledges that the grant assistance will be paid on a
reimbursement basis, meaning the City of Yakima will only request payment from the
Recreation and Conservation Office after eligible and allowable costs have been
incurred and payment remitted to the city's vendors, and that the Recreation and
Conservation Office will hold retainage until the project is deemed complete;
4. The City of Yakima acknowledges that any improvements to Randall Park developed
through grant assistance from the Recreation and Conservation Funding Board must be
reasonably maintained and made available to the general public at reasonable hours
and times of the year according to the type of area or facility unless other restrictions
have been agreed to by the Recreation and Conservation Office Director or the
Recreation and Conservation Funding Board;
5. The City of Yakima acknowledges that any property or facility developed with grant
assistance from the Recreation and Conservation Funding Board must be dedicated for
public outdoor recreation purposes, and be retained and maintained for such use for
perpetuity unless otherwise provided and agreed to by the City of Yakima and the
Recreation and Conservation Funding Board.
WASHINGTON STATE
, Recreation and
��► Conservation Office
Project Sponsor:
Project Title:
Amendment to Project Agreement
Yakima Parks & Recreation Project Number: 14-1121D
Randall Park Renovation Amendment Number: 1
Amendment Type:
Scope Change
Amendment Description:
Pursuant to a request from the sponsor, this amendment adds resurfacing the basketball
court to the scope of the agreement. The Agreement Description is also updated to reflect
this scope change.
Agreement Terms
In all other respects the Agreement, to which this is an Amendment, and attachments thereto, shall
remain in full force and effect. In witness whereof the parties hereto have executed this Amendment.
State Of Washington
Recreation and Conservation Office
Project Sponsor
AGENCY:
BY:01/1ABY:
l g Kaleen Cottingham
TITLE: Director
DATE: 1/2/14
Pre -approved as to form
BY /S/
Assistant Attorney General
WWRP Project Scope Change Amendment
Outdoor Recreation Account
AMENAGR2.RPT
TITLE:
DATE:
CITY CONTRACT NO: .2/9/5.-- l iNe4114
RESOLUTION NO:/- ave C-1.24
RCW 79A.15, WAC 286
Amendment Agreement Description
Project Sponsor: Yakima Parks & Recreation Project Number: 14-1121 D
Project Title: Randall Park Renovation Amendment Number: 1
Agreement Description
Yakima Parks and Recreation will use this grant to renovate Randall Park, located in the central part of Yakima, within
Yakima County The goal of the renovation is to enhance and restore this 40 -acre, 60 -year old park. The primary
recreation opportunity provided by this project will be for passive recreational opportunities This will be accomplished by
renovating the following features natural area, duck pond, pathways, bridges, basketball court, parking and restroom
Additionally, a new picnic shelter and playground will be installed
AAGREEDSC.RPT
August 2, 2016 Page 1
Amendment Eligible Scope Activities
Project Sponsor: Yakima Parks & Recreation Department
Project Title:
Program:
Randall Park Renovation
WWRP - Local Parks
Project Number:14-1121
Project Type: Development
Amendment #: 1
Project Metrics
Sites Improved
Project acres developed
Project acres renovated
0 00
36 30
Development Metrics
Worksite #1, Randall Park
Buildings and Structures
Construct / install restroom
Number of restrooms 2 new, 0 renovated
Select the restroom type Restroom
General Site Improvements
Construct picnic shelter
Number of group picnic shelters 1 new, 0 renovated
Develop paths/walkways
Select the surface of the path/walkway. Asphalt
Linear feet of path/walkway. 4400
Walkway lighting provided (yes/no) Yes
Number of walkway bridges 0 new, 0 renovated
Develop viewpoint
Number of designated viewpoints 1 new, 0 renovated
Select the viewpoint structures Benches/seating, Viewing platform
Habitat enhancement
Acres of the habitat enhancement area 0 25
Acres of wetland created 0 00
Wetland acres restored / enhanced 0 00
Linear feet of stream bank / shoreline restored or enhanced 120
Install fencing/barriers
Install lighting (general security)
Number of general security lights installed 8
Install signs/kiosk
Number of kiosks 0 new, 0 renovated
Number of interpretive signs/displays 0 new, 0 renovated
Number of permanent entrance signs 2 new, 0 renovated
Number of electronic signs 0 new, 0 renovated
Project involves installation of informational signs (yes/no) No
Install site furnishings
Landscaping improvements
Acres of landscaped area 1 00
Select the landscape features Drainage, Grass/turf, Native vegetation
Shoreline protection
Linear feet of shoreline protection 400
Select the shoreline protection type Plantings/vegetation
Parking and Roads
Parking development
Number of vehicle parking stalls 20 new, 110 renovated
Number of vehicle with trailer parking stalls 0 new, 0 renovated
Number of accessible parking stalls
AELIGREIM.RPT
August 2, 2016
Page: 1
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