HomeMy WebLinkAboutCSS 2024-09-09 COUNCIL AGENDA PACKETCity of Tukwila
Community Services
and Safety Committee
O Jovita McConnell, Chair
O De'Sean Quinn
O Hannah Hedrick
AGENDA
MONDAY, SEPTEMBER 9, 2024 — 5:30 PM
Distribution:
J. McConnell
D. Quinn
H. Hedrick
Mayor McLeod
M. Wine
A. Youn
L. Humphrey
ON -SITE PRESENCE:
TUKWILA CITY HALL
HAZELNUT CONFERENCE ROOM
6200 SOUTHCENTER BOULEVARD
REMOTE PARTICIPATION FOR THE PUBLIC:
1-253-292-9750, ACCESS CODE: 936039108#
Click here to: Join Microsoft Teams Meeting
For Technical Support: 1-206-433-7155
Item
Recommended Action
Page
1. BUSINESS AGENDA
a. An ordinance amending TMC Chapter 9.53,
"Automated Traffic Safety Cameras"
a. Forward to 9/23 C.O.W
& 10/7 Regular Meeting
Pg.1
Eric Lund, Deputy Police Chief
Consent Agenda.
b. Grant acceptance for Local Parks Maintenance.
b. Forward to 9/16 Regular
Pg.13
David Rosen, Parks and Recreation Fiscal Analyst
Meeting Consent Agenda.
2. MISCELLANEOUS
Next Scheduled Meeting:
October 14, 2024
The City of Tukwila strives to accommodate individuals with disabilities.
Please contact the City Clerk's Office at 206-433-1800 (TukwilaCityClerk@TukwilaWA.gov) for assistance.
City of Tukwila
Thomas McLeod, Mayor
INFORMATIONAL MEMORANDUM
TO: Community Services and Safety Committe
FROM: Eric Dreyer, Chief of Police
BY: Eric Lund, Deputy Chief of Police
CC: Thomas McLeod
DATE: September 3, 2024
SUBJECT: TMC 9.53 update — Automated Traffic Safety Cameras
ISSUE
As a result of the passage of State legislation in 2022, cities are now authorized to install
automatic speed safety cameras in areas directly outside hospitals, public parks, and within a
school's designated walk area. TMC 9.53 requires revision to reflect these changes and allow
for enforcement.
BACKGROUND
The City of Tukwila has already installed speed safety cameras near Foster High School and
Showalter Middle School. The cameras have proven effective in reducing the number of
speeding violations in the School Zone, increasing safety in the area.
New legislation effective July 1, 2022 authorized cities to use a limited number of automated
traffic safety cameras to detect speed violations on any roadway identified in a school walk
area, public park speed zone, or hospital zone. The TMC must now be updated to reflect the
changes in the state law.
DISCUSSION
The proposed changes in the TMC were reviewed and drafted by the City Attorney's Office.
Also, fines for violations are limited to $145 and can be doubled to $290 in school zones. The
fines my be adjusted for inflation every five years by the Office of Financial Management.
FINANCIAL IMPACT
There is no financial impact by making changes to this municipal code.
RECOMMENDATION
The Council is being asked to approve the ordinance, agreement and consider this item at the
September 23, 2024 Committee of the Whole meeting and subsequent October 7, 2024 Regular
Meeting.
ATTACHMENTS
Draft Ordinance TMC 9.53
RCW 46.63.210
RCW 46.63.220
1
2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS.
2612 §2, §3, AND §6, 2616 §1, AND 2696 §2, AS CODIFIED
IN VARIOUS SECTIONS OF TMC CHAPTER 9.53,
"AUTOMATED TRAFFIC SAFETY CAMERAS"; TO COMPLY
WITH RCW 46.63.220; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila ("City") adopted Tukwila Municipal Code ("TMC")
Chapter 9.53, authorizing law enforcement to utilize automated safety cameras in school
and park speed zones; and
WHEREAS, the City adopted TMC 9.53.050, which established fines for violations of
school and park speed zones captured by automated traffic safety cameras; and
WHEREAS, in 2024, the Washington State Legislature passed Engrossed Substitute
House Bill ("ESHB") 2384, adopting RCW 46.63.220, which limits the fines that a
municipality could levy for violations of school and park speed zones captured by automated
traffic safety cameras; and
WHEREAS, the current fines for violations of school and park speed zones using an
automated traffic safety camera listed in TMC 9.53.050 do not comply with the maximum
fines listed in RCW 46.63.220(16); and
WHEREAS, TMC Sections 9.53.010 and 9.53.020 reference state statutes repealed by
ESHB 2384 and replaced with RCW 46.63.210 and RCW 46.63.220, respectively; and
WHEREAS, the City desires to amend the fines listed in TMC Section 9.53.050 to be
consistent with RCW 46.23.220(16) as now enacted and hereafter amended, as well as
amend TMC 9.53.010 and 9.53.020 to be consistent with RCW 46.63.210 and RCW
46.63.220, respectively;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
2024 Legislation: TMC 9.53 amend fines
Version: 8/29/24
Staff: E. Lund
Page 1 of 3
3
Section 1. TMC Section 9.53.010 Amended. Ordinance Nos. 2612 §2 and 2696
§2, as codified at TMC Section 9.53.010, "Automated traffic safety cameras — Detection
of violations- Restrictions," subparagraph A, are hereby amended to read as follows:
9.53.010 Automated traffic safety cameras — Detection of violations —
Restrictions
A. City law enforcement officers and persons commissioned by the Tukwila Police
Chief are authorized to use automated traffic safety cameras and related automated
systems to detect and record the image of vehicles engaged in violations in school speed
zones and public park speed zones, as defined by defined by RCW 46.63.210(3)RCW
'16.63.170(B)(ii)(A); provided, however, pictures of the vehicle and the vehicle license
plate may be taken only while an infraction is occurring, and the picture shall not reveal
the face of the driver or of any passengers in the vehicle.
Section 2. TMC Section 9.53.020 Amended. Ordinance No. 2612 §3, as codified
at TMC Section 9.53.020, "Notice of Infraction," subparagraph E, is hereby amended to
read as follows:
9.53.020 Notice of Infraction
E. All photographs, microphotographs or electronic images prepared under this
chapter are for the exclusive use of law enforcement in the discharge of duties under this
chapter and, as provided in RCW 46.63.220(11)RCW 46.63.170(1)(g), they are not open
to the public and may not be used in a court in a pending action or proceeding unless the
action or proceeding relates to a violation under this chapter. No photograph,
microphotograph or electronic image may be used for any purpose other than
enforcement of violations under this chapter nor retained longer than necessary to
enforce this chapter.
Section 3. TMC Section 9.53.050 Amended. Ordinance Nos. 2612 §6 and 2616 §1,
as codified at TMC Section 9.53.050 "Fines," are hereby amended to read as follows:
9.53.050 Fine
A. The fine for an infraction detected under the authority of this chapter shall be
as follows:no more than the fines established in RCW 46.63.220(16), as now enacted or
hereafter amended. Infractions detected through the use of automated traffic safety
cameras are not part of the registered owner's driving record under RCW 46.52.101 and
46.52.120. Additionally, the amount of the fine issued for an infraction generated through
the use of an automated traffic safety camera shall be $145, as adjusted for inflation by
the office of financial management every five years, beginning January 1, 2029, based
upon changes in the consumer price index during that time period, and is doubled to $290
for a school speed zone infraction generated through the use of an automated traffic
safety camera.
hour more than, the posted speed limit; and
2024 Legislation: TMC 9.53 amend fines
Version: 8/29/24
Staff: E. Lund
Page 2 of 3
4
T$2n n�04er+ravelli u speeel-acT ast 11 miles per hour more than the
posted speed limit.
B. The maximum penalty for infractions detected pursuant to the provisions of this
chapter shall not exceed the maximum amount of fine issued for parking infractions within
the City.
Section 4. Corrections by City Clerk or Code Reviser Authorized. Upon approval
of the City Attorney, the City Clerk, and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to other
local, state or federal laws, codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
Section 5. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 6. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City and shall take effect and be in full force five (5) days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2024.
ATTEST/AUTHENTICATED:
Andy Youn, City Clerk Thomas McLeod, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Office of the City Attorney
2024 Legislation: TMC 9.53 amend fines
Version: 8/29/24
Staff: E. Lund
Page 3 of 3
5
RCW 46.63.210 Definitions. The definitions in this section
apply throughout this section and RCW 46.63.220 through 46.63.260
unless the context clearly requires otherwise.
(1) "Automated traffic safety camera" means a device that uses a
vehicle sensor installed to work in conjunction with an intersection
traffic control system, a railroad grade crossing control system, or a
speed measuring device, and a camera synchronized to automatically
record one or more sequenced photographs, microphotographs, or
electronic images of the front or rear of a motor vehicle at the time
the vehicle fails to stop when facing a steady red traffic control
signal or an activated railroad grade crossing control signal, or
exceeds a speed limit as detected by a speed measuring device.
"Automated traffic safety camera" also includes a device used to
detect stopping at intersection or crosswalk violations; stopping when
traffic obstructed violations; public transportation only lane
violations; stopping or traveling in restricted lane violations; and
public transportation bus stop zone violations detected by a public
transportation vehicle -mounted system.
(2) "Hospital speed zone" means the marked area within hospital
property and extending 300 feet from the border of the hospital
property (a) consistent with hospital use; and (b) where signs are
posted to indicate the location is within a hospital speed zone, where
"hospital" has the same meaning as in RCW 70.41.020.
(3) "Public park speed zone" means the marked area within public
park property and extending 300 feet from the border of the public
park property (a) consistent with active park use; and (b) where signs
are posted to indicate the location is within a public park speed
zone.
(4) "Public transportation vehicle" means any motor vehicle,
streetcar, train, trolley vehicle, ferry boat, or any other device,
vessel, or vehicle that is owned or operated by a transit authority or
an entity providing service on behalf of a transit authority that is
used for the purpose of carrying passengers and that operates on
established routes. "Transit authority" has the same meaning as
provided in RCW 9.91.025.
(5) "Roadway work zone" means an area of any city roadway,
including state highways that are also classified as city streets
under chapter 47.24 RCW, or county road as defined in RCW 46.04.150,
with construction, maintenance, or utility work with a duration of 30
calendar days or more. A roadway work zone is identified by the
placement of temporary traffic control devices that may include signs,
channelizing devices, barriers, pavement markings, and/or work
vehicles with warning lights. A roadway work zone extends from the
first warning sign or high intensity rotating, flashing, oscillating,
or strobe lights on a vehicle to the end road work sign or the last
temporary traffic control device or vehicle.
(6) "School speed zone" has the same meaning as described in RCW
46.61.440 (1) and (2) .
(7) "School walk zone" means a roadway identified under RCW
28A.160.160 or roadways within a one -mile radius of a school that
students use to travel to school by foot, bicycle, or other means of
active transportation. [2024 c 307 s 1.]
Certified on 7/12/2024
6
RCW 46.63.210 Page 1
RCW 46.63.220 Automated traffic safety cameras —City or county
may authorize use —Local legislative authority analysis —Traffic
ordinances Annual reports —Signage—Images Notice of infraction —
Compensation for equipment —Revenue. (1) Nothing in this section
prohibits a law enforcement officer from issuing a notice of traffic
infraction to a person in control of a vehicle at the time a violation
occurs under RCW 46.63.030(1) (a), (b), or (c).
(2) Any city or county may authorize the use of automated traffic
safety cameras and must adopt an ordinance authorizing such use
through its local legislative authority.
(3) The local legislative authority must prepare an analysis of
the locations within the jurisdiction where automated traffic safety
cameras are proposed to be located before adding traffic safety
cameras to a new location or relocating any existing camera to a new
location within the jurisdiction. The analysis must include equity
considerations including the impact of the camera placement on
livability, accessibility, economics, education, and environmental
health when identifying where to locate an automated traffic safety
camera. The analysis must also show a demonstrated need for traffic
cameras based on one or more of the following in the vicinity of the
proposed camera location: Travel by vulnerable road users, evidence of
vehicles speeding, rates of collision, reports showing near
collisions, and anticipated or actual ineffectiveness or infeasibility
of other mitigation measures.
(4) Automated traffic safety cameras may not be used on an on -
ramp to a limited access facility as defined in RCW 47.52.010.
(5) A city may use automated traffic safety cameras to enforce
traffic ordinances in this section on state highways that are also
classified as city streets under chapter 47.24 RCW. A city government
must notify the department of transportation when it installs an
automated traffic safety camera to enforce traffic ordinances as
authorized in this subsection.
(6)(a) At a minimum, a local ordinance adopted pursuant to this
section must contain the restrictions described in this section and
provisions for public notice and signage. Cities and counties must
also post such restrictions and other automated traffic safety camera
policies on the city's or county's website. Cities and counties using
automated traffic safety cameras before July 24, 2005, are subject to
the restrictions described in this section, but are not required to
adopt an authorizing ordinance.
(b)(i) Cities and counties using automated traffic safety cameras
must post an annual report on the city's or county's website of the
number of traffic crashes that occurred at each location where an
automated traffic safety camera is located, as well as the number of
notices of infraction issued for each camera. Beginning January 1,
2026, the annual report must include the percentage of revenues
received from fines issued from automated traffic safety camera
infractions that were used to pay for the costs of the automated
traffic safety camera program and must describe the uses of revenues
that exceeded the costs of operation and administration of the
automated traffic safety camera program by the city or county.
(ii) The Washington traffic safety commission must provide an
annual report to the transportation committees of the legislature, and
post the report to its website for public access, beginning July 1,
2026, that includes aggregated information on the use of automated
traffic safety cameras in the state that includes an assessment of the
Certified on 7/12/2024 RCW 46.63.220
Page 1
7
impact of their use, information required in city and county annual
reports under (b)(i) of this subsection, and information on the number
of automated traffic safety cameras in use by type and location, with
an analysis of camera placement in the context of area demographics
and household incomes. To the extent practicable, the commission must
also provide in its annual report the number of traffic accidents,
speeding violations, single vehicle accidents, pedestrian accidents,
and driving under the influence violations that occurred at each
location where an automated traffic safety camera is located in the
five years before each camera's authorization and after each camera's
authorization. Cities and counties using automated traffic safety
cameras must provide the commission with the data it requests for the
report required under this subsection in a form and manner specified
by the commission.
(7) All locations where an automated traffic safety camera is
used on roadways or intersections must be clearly marked by placing
signs at least 30 days prior to activation of the camera in locations
that clearly indicate to a driver either that: (a) The driver is
within an area where automated traffic safety cameras are authorized;
or (b) the driver is entering an area where violations are enforced by
an automated traffic safety camera. The signs must be readily visible
to a driver approaching an automated traffic safety camera. Signs
placed in automated traffic safety camera locations after June 7,
2012, must follow the specifications and guidelines under the manual
of uniform traffic control devices for streets and highways as adopted
by the department of transportation under chapter 47.36 RCW. All
public transportation vehicles utilizing a vehicle -mounted system must
post a sign on the rear of the vehicle indicating to drivers that the
vehicle is equipped with an automated traffic safety camera to enforce
bus stop zone violations.
(8) Automated traffic safety cameras may only record images of
the vehicle and vehicle license plate and only while an infraction is
occurring. The image must not reveal the face of the driver or of
passengers in the vehicle. The primary purpose of camera placement is
to record images of the vehicle and vehicle license plate when an
infraction is occurring. Cities and counties must consider installing
automated traffic safety cameras in a manner that minimizes the impact
of camera flash on drivers.
(9) A notice of infraction must be mailed to the registered owner
of the vehicle within 14 days of the violation, or to the renter of a
vehicle within 14 days of establishing the renter's name and address
under subsection (17) of this section. The notice of infraction must
include with it a certificate or facsimile thereof, based upon
inspection of photographs, microphotographs, or electronic images
produced by an automated traffic safety camera, stating the facts
supporting the notice of infraction. This certificate or facsimile is
prima facie evidence of the facts contained in it and is admissible in
a proceeding charging a violation under this chapter. The photographs,
microphotographs, or electronic images evidencing the violation must
be available for inspection and admission into evidence in a
proceeding to adjudicate the liability for the infraction. A person
receiving a notice of infraction based on evidence detected by an
automated traffic safety camera may respond to the notice by mail.
(10) The registered owner of a vehicle is responsible for an
infraction under RCW 46.63.030(1)(d) unless the registered owner
overcomes the presumption in RCW 46.63.075, or, in the case of a
rental car business, satisfies the conditions under subsection (17) of
Certified on 7/12/2024
8
RCW 46.63.220 Page 2
this section. If appropriate under the circumstances, a renter
identified under subsection (17)(a) of this section is responsible for
an infraction.
(11) Notwithstanding any other provision of law, all photographs,
microphotographs, or electronic images, or any other personally
identifying data prepared under this section are for the exclusive use
of authorized city or county employees, as specified in RCW
46.63.030(1)(d), in the discharge of duties under this section and are
not open to the public and may not be used in a court in a pending
action or proceeding unless the action or proceeding relates to a
violation under this section. No photograph, microphotograph, or
electronic image, or any other personally identifying data may be used
for any purpose other than enforcement of violations under this
section nor retained longer than necessary to enforce this section.
Transit authorities must provide to the appropriate local jurisdiction
that has authorized traffic safety camera use under RCW 46.63.260(2)
any images or evidence collected establishing that a violation of
stopping, standing, or parking in a bus stop zone has occurred for
infraction processing purposes consistent with this section.
(12) If a county or city has established an automated traffic
safety camera program as authorized under this section, the
compensation paid to the manufacturer or vendor of the equipment used
must be based only upon the value of the equipment and services
provided or rendered in support of the system and may not be based
upon a portion of the fine or civil penalty imposed or the revenue
generated by the equipment. If the contract between the city or county
and manufacturer or vendor of the equipment does not provide for
performance or quality control measures regarding camera images, the
city or county must perform a performance audit of the manufacturer or
vendor of the equipment every three years to review and ensure that
images produced from automated traffic safety cameras are sufficient
for evidentiary purposes as described in subsection (9) of this
section.
(13)(a) Except as provided in (d) of this subsection, a county or
a city may only use revenue generated by an automated traffic safety
camera program as authorized under this section for:
(i) Traffic safety activities related to construction and
preservation projects and maintenance and operations purposes
including, but not limited to, projects designed to implement the
complete streets approach as defined in RCW 47.04.010, changes in
physical infrastructure to reduce speeds through road design, and
changes to improve safety for active transportation users, including
improvements to access and safety for road users with mobility, sight,
or other disabilities; and
(ii) The cost to administer, install, operate, and maintain the
automated traffic safety cameras, including the cost of processing
infractions.
(b) Except as provided in (d) of this subsection:
(i) The automated traffic safety camera program revenue used by a
county or city with a population of 10,000 or more for purposes
described in (a)(i) of this subsection must include the use of revenue
in census tracts of the city or county that have household incomes in
the lowest quartile determined by the most currently available census
data and areas that experience rates of injury crashes that are above
average for the city or county. Funding contributed from traffic
safety program revenue must be, at a minimum, proportionate to the
share of the population of the county or city who are residents of
Certified on 7/12/2024
RCW 46.63.220 Page 39
these low-income communities and communities experiencing high injury
crash rates. This share must be directed to investments that provide
direct and meaningful traffic safety benefits to these communities.
Revenue used to administer, install, operate, and maintain automated
traffic safety cameras, including the cost of processing infractions,
are excluded from determination of the proportionate share of revenues
under this subsection (13)(b); and
(ii) The automated traffic safety camera program revenue used by
a city or county with a population under 10,000 for traffic safety
activities under (a)(i) of this subsection must be informed by the
department of health's environmental health disparities map.
(c) Except as provided in (d) of this subsection, beginning four
years after an automated traffic safety camera authorized under this
section is initially placed and in use after June 6, 2024, 25 percent
of the noninterest money received for infractions issued by such
cameras in excess of the cost to administer, install, operate, and
maintain the cameras, including the cost of processing infractions,
must be deposited into the Cooper Jones active transportation safety
account created in RCW 46.68.480.
(d)(i)(A) Jurisdictions with an automated traffic safety camera
program in effect before January 1, 2024, may continue to allocate
revenue generated from automated traffic safety cameras authorized
under RCW 46.63.230 and 46.63.250(2)(c) as determined by the
jurisdiction, as well as for the purposes established in (a) through
(c) of this subsection, by:
(I) Up to a 10 percent increase in the number of traffic safety
camera locations authorized to detect violations for automated traffic
safety cameras authorized under RCW 46.63.230; and
(II) Up to a 10 percent increase in the number of traffic safety
camera locations authorized to detect violations for automated traffic
safety cameras authorized under RCW 46.63.250(2)(c).
(B)(I) Any automated traffic safety camera program in effect
before January 1, 2024, with fewer than 10 traffic safety camera
locations for automated traffic safety cameras authorized under RCW
46.63.230, which adds automated traffic safety cameras to one
additional location for the use of cameras authorized under RCW
46.63.230, may continue to allocate revenue generated from automated
traffic safety cameras authorized under RCW 46.63.230 as determined by
the jurisdiction, as well as for the purposes established in (a)
through (c) of this subsection.
(II) Any automated traffic safety camera program in effect before
January 1, 2024, with fewer than 10 traffic safety camera locations
for automated traffic safety cameras authorized under RCW
46.63.250(2)(c) as of January 1, 2024, which adds automated traffic
safety cameras to one additional location for the use of cameras
authorized under RCW 46.63.250(2)(c), may continue to allocate revenue
generated from automated traffic safety cameras authorized under RCW
46.63.250(2)(c) as determined by the jurisdiction, as well as for the
purposes established in (a) through (c) of this subsection.
(C) For the purposes of this subsection (13)(d)(i), a location
is:
(I) An intersection for automated traffic safety cameras
authorized under RCW 46.63.230 where cameras authorized under RCW
46.63.230 are in use; and
(II) A school speed zone for automated traffic safety cameras
authorized under RCW 46.63.250(2)(c) where cameras authorized under
RCW 46.63.250 (2) (c) are in use.
Certified on 7/12/2024
10
RCW 46.63.220 Page 4
(ii) The revenue distribution requirements under (a) through
(d)(i) of this subsection do not apply to automated traffic safety
camera programs in effect before January 1, 2024, for which an
ordinance in effect as of January 1, 2024, directs the manner in which
revenue generated from automated traffic safety cameras authorized
under RCW 46.63.230 or 46.63.250(2)(c) must be used.
(14) A county or city may adopt the use of an online ability -to -
pay calculator to process and grant requests for reduced fines or
reduced civil penalties for automated traffic safety camera
violations.
(15) Except as provided in this subsection, registered owners of
vehicles who receive notices of infraction for automated traffic
safety camera -enforced infractions and are recipients of public
assistance under Title 74 RCW or participants in the Washington women,
infants, and children program, and who request reduced penalties for
infractions detected through the use of automated traffic safety
camera violations, must be granted reduced penalty amounts of 50
percent of what would otherwise be assessed for a first automated
traffic safety camera violation and for subsequent automated traffic
safety camera violations issued within 21 days of issuance of the
first automated traffic safety camera violation. Eligibility for
medicaid under RCW 74.09.510 is not a qualifying criterion under this
subsection. Registered owners of vehicles who receive notices of
infraction must be provided with information on their eligibility and
the opportunity to apply for a reduction in penalty amounts through
the mail or internet.
(16) Infractions detected through the use of automated traffic
safety cameras are not part of the registered owner's driving record
under RCW 46.52.101 and 46.52.120. Additionally, infractions generated
by the use of automated traffic safety cameras under this section must
be processed in the same manner as parking infractions, including for
the purposes of RCW 3.50.100, 35.20.220, 46.16A.120, and 46.20.270(2).
The amount of the fine issued for an infraction generated through the
use of an automated traffic safety camera may not exceed $145, as
adjusted for inflation by the office of financial management every
five years, beginning January 1, 2029, based upon changes in the
consumer price index during that time period, but may be doubled for a
school speed zone infraction generated through the use of an automated
traffic safety camera.
(17) If the registered owner of the vehicle is a rental car
business, the issuing agency must, before a notice of infraction being
issued under this section, provide a written notice to the rental car
business that a notice of infraction may be issued to the rental car
business if the rental car business does not, within 18 days of
receiving the written notice, provide to the issuing agency by return
mail:
(a) A statement under oath stating the name and known mailing
address of the individual driving or renting the vehicle when the
infraction occurred; or
(b) A statement under oath that the business is unable to
determine who was driving or renting the vehicle at the time the
infraction occurred because the vehicle was stolen at the time of the
infraction. A statement provided under this subsection must be
accompanied by a copy of a filed police report regarding the vehicle
theft; or
(c) In lieu of identifying the vehicle operator, the rental car
business may pay the applicable penalty. Timely mailing of this
Certified on 7/12/2024 RCW 46.63.220
Page 5
11
statement to the issuing agency relieves a rental car business of any
liability under this chapter for the notice of infraction. [2024 c
307 s 2 . ]
Certified on 7/12/2024
12
RCW 46.63.220 Page 6
City of Tukwila
Thomas McLeod, Mayor
Parks & Recreation Department - Pete Mayer, Director
INFORMATIONAL MEMORANDUM
TO: Community Services & Safety Committee
FROM: David Rosen, Parks & Recreation Analyst
DATE: August 22, 2024
SUBJECT: Contract Approval: SFY25 Local Parks Maintenance Grant
ISSUE
The Parks and Recreation Department, in order to continue use of the Local Parks Maintenance (LPM)
Grant through State Fiscal Year (SFY) 25, which is being offered in the amount of $76,000, must first
secure approval of the Tukwila City Council before the Mayor is approved to sign the offered contract.
BACKGROUND
In mid-2023, the Tukwila Parks and Recreation Department applied for and was awarded $100,000
under the Washington State Recreation & Conservation Office's LPM program. The award was given
for the proposed Crystal Springs Park Lighting Replacement Project, which would see lighting in upper
Crystal Springs Park replaced and/or rehabilitated to working condition. Subsequently, the state split
this grant into two contracts, one for SFY24 in the amount of $24,000, and one for SFY25 in the amount
of $76,000.
Per City policy, as the LPM is a zero -match grant, city staff was not required to seek Council approval
for the SFY24 contract as it did not meet the required dollar threshold. However, the SFY25 contract
being offered does exceed said dollar threshold.
DISCUSSION
To date, work completed for the grant includes a state -required Cultural Resources Survey, which must
be done for any state -funded project that is causing ground disturbance. This report has been
submitted to RCO and is being reviewed at this time. City staff intend to return to council in October
with a contract for the lighting replacement work itself.
FINANCIAL IMPACT
The LPM grant is a reimbursement grant, the state will reimburse eligible expenses submitted to it by
the City at periodic intervals. Therefore, signing of this grant creates no net General Fund inflows or
outflows.
RECOMMENDATION
City staff recommend the Community Services and Safety Committee forward this grant agreement to
the full Tukwila City Council for its approval on the September 16th Consent Agenda.
ATTACHMENTS
A --- Proposed Grant Agreement for Project 24-2215M (Crystal Springs Park Lighting Replacement)
Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov
13
14
WAWINGTON STATE
Recreation and
Conservation Office
RCO Grant Agreement
Project Sponsor:
Project Title:
Tukwila Parks & Recreation Department Project Number: 24-2215M
Crystal Springs Park Lighting Replacement Approval Date: 06/30/2024
PARTIES OF THE AGREEMENT
This Recreation and Conservation Office Grant Agreement (Agreement) for the project identified above (Project) is entered
into between the State of Washington by and through the Recreation and Conservation Office (RCO), P.O. Box 40917,
Olympia, Washington 98504-0917, and by and through the Tukwila Parks & Recreation Department (Sponsor, and primary
Sponsor), 12424 - 42nd Ave S, Tukwila, WA 98168, and shall be binding on the agents and all persons acting by or through
the parties.
All Sponsors are equally and independently subject to all the conditions of this Agreement except those conditions that
expressly apply only to the primary Sponsor.
Sponsor attests that prior to and during the Period of Performance, its Authorized Representative(s)/Agent(s) identified on the
original signed Applicant Resolution/Authorization has full authority to legally bind the Sponsor(s) regarding all matters related
to the Project, including but not limited to, full authority to: (1) sign the grant application for grant assistance, (2) enter into this
Agreement, including indemnification, (3) enter into amendments to this Agreement. Agreements and amendments must be
signed by the Authorized Representative/Agent(s) of all Sponsors, unless otherwise owed in the AMENDMENTS TO
AGREEMENT Section.
A. During the Period of Performance, a Sponsor may change its Auth
RCO written notice of the change and identifying the new design
Representative/Agent. Unless and until such written notice is
initially identified as the Authorized Representative/Agent.
B. RCO reserves the right at any time to request, and Spons
documents that demonstrate any signatory to this Agreemen
Sponsor.
esentative/Agent only by providing the
sign as Authorized
, 0 shall recognize only the person
ligation to provide authorizations and
amendment has the authority to legally bind the
For the purposes of this Agreement, as well as for grant m . - •.sue with RCO, only the primary Sponsor may act
as a fiscal agent to obtain reimbursements (See PROJECT ' TS Section).
PURPOSE OF AGREEMENT
This Agreement sets out the terms and con. al Parks Maintenance Program grant is made from the
General Fund State Account of the S - - of - gton. The grant is administered by the Recreation and Conservation Office
(RCO).
DESCRIPTION OF PROJECT
The City of Tukwila Parks and Rec
Park. The City will replace undergrou
supported by this project is maintenance
rtment will use this grant to replace nonfunctional lights in Crystal Springs
systems and purchase new light fixtures. The primary recreational activity
outdoor recreation sites.
PERIOD OF PERFORMANCE
The period of performance begins on July 1, 2024 (project start date) and ends on June 30, 2025 (project end date). No
allowable cost incurred before or after this period is eligible for reimbursement unless specifically provided for by written
amendment or addendum to this Agreement, or specifically provided for by applicable RCWs, WACs, and any applicable RCO
manuals as of the effective date of this Agreement.
The RCO has the right to summarily dismiss any request to amend this Agreement if not made at least 60 days before the
project end date
STANDARD TERMS AND CONDITIONS INCORPORATED
The Standard Terms and Conditions of the Recreation and Conservation Office attached hereto are incorporated by reference
as part of this Agreement.
LONG-TERM OBLIGATIONS
For this maintenance project, the Sponsor's ongoing obligations for the project area shall be for the period of performance of
this Agreement. For equipment purchased as part of the project, the Sponsor's ongoing obligation shall comply with the
RCO: 24-2215 Revision Date: 10/26/2023
Page 1 of 19 5
Treatment of Equipment and Assets section and applicable RCO Manuals identified herein.
PROJECT FUNDING AND REIMBURSEMENT PERIOD(S)
The total grant award provided for this project shall not exceed $76,000.00. The RCO shall not pay any amount beyond that
approved for grant funding of the project.:
Office - Local Parks Mnt Single -Tier 2
Total Project Cost
Percentage
100.00% $76,000.00 State
100.00% $76,000.00
Dollar Amount Source of Funding
If this Grant Agreement's period of performance spans more than one state fiscal year (July 1st through June 30th), Sponsor's
work performed in each fiscal year shall be reimbursed only with the funds available in that fiscal year. RCO shall not be
obligated to reimburse work performed in one single fiscal year with funds from another fiscal year.
Grant funds that are not expended through a reimbursement request in one fiscal year (unused funds) shall not be carried over
to the next fiscal year, and Sponsor has no right to these funds in the next fiscal year. Sponsor shall forfeit unspent grant
funds, which shall remain with RCO unless otherwise made available as part of an amended Agreement.
RIGHTS AND OBLIGATIONS INTERPRETED IN LIGHT OF RELATED DOCUME
All rights and obligations of the parties under this Agreement are further specifie
Sponsor's application and the project summary and eligible scope activities u
and/or amended as well as documents produced in the course of administe
activities, the milestones report, progress reports, and the final report. Pr
such documents is irreconcilably in conflict with the Agreement, such
Agreement, unless the terms in the Agreement are shown to be su
used here and elsewhere in this document, unless otherwise spec
the Standard Terms and Conditions.
AMENDMENTS TO AGREEMENT
Except as provided herein, no amendment (including withou
set forth in writing and signed by all parties. Exc- -xten
need only be signed by RCO's director or de ' -e a onse
Representative/Agent or Sponsor's design . point . ontact
person other than the Authorized Agent/R
responsibility of a Sponsor to ensure that an
COMPLIANCE WITH APPLI
This Agreement, including any
federal laws and regulations, appli
accounting rules effective as of the
provided in the amendment. Provided,
the
ed, to th
mation shall n
to an intended e
ly st
and shall be interpreted in light of the
ich the Agreement has been approved
ement, including the eligible scope
nt that information contained in
used to vary the terms of the
r or omission. "Agreement" as
has the meaning set forth in the definitions of
ions) of this Agreement shall be effective unless
of the Period of Performance and minor scope adjustments
to in writing (including email) by the Sponsor's Authorized
he implementation of the Agreement (who may be a
herwise provided for in an amendment. It is the
an amendment on its behalf is duly authorized to do so.
, R S, AND POLICIES
o, is governed by, and the Sponsor shall comply with, all applicable state and
nuals as identified below, Exhibits, and any applicable federal program and
Agreement or as of the effective date of an amendment, unless otherwise
pdate in law, rule, policy or a manual that is incorporated as a result of an
amendment shall apply only prospectively and shall not require that an act previously done in compliance with existing
requirements be redone unless otherwise expressly stated in the amendment.
For the purposes of this Agreement, the following RCO manuals are deemed applicable and are incorporated as terms of this
Agreement:
• Local Parks Maintenance Grant - Manual 27
• Reimbursements - Manual 8
SPECIAL CONDITIONS
None
SPECIAL CONDITIONS - CULTURAL RESOURCES
None
RCO: 24-2215
16
Revision Date: 10/26/2023 Page 2 of 19
AGREEMENT CONTACTS
The parties will provide all written communications and notices under this Agreement to either or both the mail address and/or
the email address listed below:
Sponsor Project Contact
David Rosen
Fiscal Analyst
12424 42nd Ave S
Tukwila, WA 98168
david.rosen@tukwilawa.gov
RCO Contact
Hayley Dalgetty
Outdoor Grants Manager
PO Box 40917
Olympia, WA 98504-0917
hayley.dalgetty@rco.wa.gov
These addresses and contacts shall be effective until receipt by one party from the other of a written notice of any change.
ENTIRE AGREEMENT
This Agreement, with all amendments and attachments, constitutes the entire Agreement of the parties. No other
understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties.
EFFECTIVE DATE
Unless otherwise provided for in this Agreement, this Agreement, for Project 24-
the date signed by both the Sponsor's and the RCO's Authorized Representa
Reimbursements for eligible and allowable costs incurred within the period
PERFORMANCE Section are allowed only when this Agreement is fully cuted,
The Sponsor has read, fully understands, and agrees to be bound b,
and the STANDARD TERMS AND CONDITIONS OF THE RCO
represent and warrant their authority to bind the parties to this Agree
Tukwila Parks & Recreation Department
By:
Name (printed):
Title:
State of Washington Recreat • nd Conse : tion Office
By:
FOR Megan Duffy
Director
Recreation and Conservation Office
By:
Pre -approved as to form:
Assistant Attorney General
, shall become effective and binding on
nt, whichever is later (Effective Date).
ce identified in the PERIOD OF
anoriginal is received by RCO.
nd conditi. - as set forth in this Agreement
MENT. The signatories listed below
Date:
Date:
10/26/2023
RCO: 24-2215 Revision Date: 10/26/2023
Page 3of 117
WASHINGTON STATE
jigRecreation and
Conservation Office
RCO Grant Agreement
Project Sponsor:
Project Title:
Tukwila Parks & Recreation Department Project Number: 24-2215M
Crystal Springs Park Lighting Replacement Approval Date: 06/30/2024
Eligible Scope Activities
ELIGIBLE SCOPE ACTIVITIES
Maintenance Metrics
Worksite #1, Crystal Springs Park
Recreational Facility Maintenance
Perform Recreational Facility Maintenance
Cultural Resources
Cultural resources
Project Management
Project Management
Permits
Obtain permits
RCO: 24-2215
18
Revision Date: 10/26/2023 Page 4 of 19
WA
Recreation and
Conservation Office
5 HINGTON STATE
RCO Grant Agreement
Project Sponsor:
Project Title:
Tukwila Parks & Recreation Department
Crystal Springs Park Lighting Replacement
Project Number: 24-2215M
Approval Date: 06/30/2024
PROJECT MILESTONE REPORT
Complete Milestone
Project Start
Permits Complete
Cultural Resources Documents
Cultural Resources Complete
RCO Notice to Proceed
Progress Report Due
Annual Project Billing Due
Agreement End Date
Final Billing Due
Final Report Due
Comments/Description
Survey Submitted
Consultation Complete & Inadvertent Discovery
Plan Submitted
No ground disturbance allowed prior to Notice to
Proceed
Project Milestones
Target Date
07/01/2024
07/15/2024
07/15/2024
09/01/2024
09/10/2024
01 / 15/2025
01 /31 /2025
06/30/2025
07/31/2025
08/15/2025
RCO: 24-2215 Revision Date: 10/26/2023
Page 5of 119
WAS'1INGTON STATE
Recreation and
Conservation Office
RCO Grant Agreement
Project Sponsor:
Project Title:
Tukwila Parks & Recreation Department
Crystal Springs Park Lighting Replacement
Project Number: 24-2215M
Approval Date: 06/30/2024
Standard Terms and Conditions of the Recreation and
Conservation Office
Table of Contents
STANDARD TERMS AND CONDITIONS EFFECTIVE DATE 7
CITATIONS, HEADINGS AND DEFINITIONS 7
PERFORMANCE BY THE SPONSOR 9
ASSIGNMENT 9
RESPONSIBILITY FOR PROJECT 10
10
10
11
11
ARCHAEOLOGICAL AND CULTURAL RESOURCES ! 11
RECORDS 12
PROJECT FUNDING 13
PROJECT REIMBURSEMENTS 13
RECOVERY OF PAYMENTS 14
COVENANT AGAINST CONTINGENT FEES 14
INCOME (AND FEES) AND USE OF INCOME 14
PROCUREMENT REQUIREMENTS 15
TREATMENT OF EQUIPMENT AND ASSETS 15
RIGHT OF INSPECTION 15
PREFERENCES FOR RESIDENTS 15
PROVISIONS APPLYING TO DEVELOPME AI NAN RENOVATION, AND RESTORATION PROJECTS 15
ORDER OF PRECEDENCE 16
LIMITATION OF AUTHORITY 16
WAIVER OF DEFAULT 16
APPLICATION REPRESENTATIO► ' R SENTATIONS OR INACCURACY OR BREACH 17
SPECIFIC PERFORMANCE 17
TERMINATION AND SUSPE► • 17
DISPUTE HEARING 18
ATTORNEYS' FEES 18
GOVERNING LAW/VENUE 18
SEVERABILITY 19
END OF STANDARD TERMS AND COS TIONS 19
INDEMNIFICATION
INDEPENDENT CAPACITY OF THE SPONSOR
CONFLICT OF INTEREST
COMPLIANCE WITH APPLICABLE LAW
RCO: 24-2215
20
Revision Date: 10/26/2023 Page 6 of 19
STANDARD TERMS AND CONDITIONS EFFECTIVE DATE
This document sets forth the Standard Terms and Conditions of the Recreation and Conservation Office as of 03/15/2024.
CITATIONS, HEADINGS AND DEFINITIONS
A. Any citations referencing specific documents refer to the version current on the effective date of this Agreement or the
effective date of any amendment thereto.
B. Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of
this Agreement.
C. Definitions. As used throughout the Agreement, the following terms shall have the meaning set forth below (Note: not
all defined terms may be present in a particular Agreement):
Agreement, terms of the Agreement, or project agreement — The document entitled "RCO GRANT AGREEMENT"
accepted by all parties to the present project and transaction, including without limitation the Standard Terms and
Conditions of the RCO Grant Agreement, all exhibits, attachments, addendums, amendments, and applicable
manuals, and any intergovernmental agreements, and/or other documents that are incorporated into the Agreement
subject to any limitations on their effect under this Agreement.
applicable manual(s), manual — A manual designated in this Agree - o apply as terms of this Agreement,
subject (if applicable) to substitution of the "RCO director" for the ter- • • in those manuals where the project is
not approved by or funded by the referenced board, or a predece s to the - rd.
applicable WAC(s) — Designated chapters or provisions of ashington Adm rative Code that apply by their
terms to the type of grant in question or are deemed und- s Agr- - -nt to apply as terms of the Agreement,
subject to substitution of the "RCO director" for the term °b. •' •ency" in those cases where the RCO has
contracted to or been delegated to administer the grant prog question.
applicant — Any party, prior to becoming a Sponalifying standards/eligibility requirements for
the grant application or request for funds in questi. • - s emitted an application to RCO requesting grant
funds.
application — The documents and o mat: :Is tha applicant submits to the RCO to support the applicant's
request for grant funds; this inclu• ateri. equire• the "Application" in the RCO's automated project
information system, and other do -nts • - application checklist including but not limited to legal
opinions, maps, plans, evaluation p : - ions an• ripts.
Authorized Represen
authorized to be the
has the signature aut
C.F.R. — Code of Federal
or's agent (employee, political appointee, elected person, etc.)
t and any amendments requiring a Sponsor's signature. This person
ponsor to this Agreement, grant, and project.
completed project or project • mpletion — The status of a project when all the following have occurred:
• The grant funded project has been inspected by the RCO, if applicable
• The RCO has determined that the project has been completed satisfactorily.
• A final project report is submitted to and accepted by RCO.
• Any amendments to the Agreement required by RCO have been executed by the Sponsor and RCO and
have been delivered to RCO.
• A final reimbursement request has been delivered to and paid by RCO.
• Documents affecting property rights (including RCO's as may apply) and any applicable notice of grant, have
been recorded (as may apply).
contractor — An entity that receives a contract from a Sponsor related to performance of work or another obligation
under this Agreement.
Cultural Resources — Archaeological or historic archaeological sites, historic buildings/structures, and cultural or
sacred places.
director — The chief executive officer of the Recreation and Conservation Office or that person's designee.
effective date — The date when the Agreement is signed by both the Sponsor's and the RCO's Authorized
Representative/Agent, whichever is later.
RCO: 24-2215 Revision Date: 10/26/2023
Page 7 of 121
equipment — Tangible personal property (including information technology systems) having a useful service life of
more than one year and a per -unit acquisition cost which equals or exceeds the lesser of the capitalization level
established by the Sponsor or $5,000 (2 C.F.R. Part 200 (as updated)).
funding board or board — The Washington State Recreation and Conservation Funding Board, or the Washington
State Salmon Recovery Funding Board, or both as may apply.
Funding Entity — the entity that approves the project that is the subject to this Agreement.
grant program — The source of the grant funds received. May be an account in the state treasury, or a grant category
within a larger grant program, or a federal source.
long-term obligations — Sponsor's obligations after the project end date, as specified in the Agreement and manuals
and other exhibits as may apply.
landowner agreement — An agreement that is required between a Sponsor and landowner for projects located on
land not owned, or otherwise controlled, by the Sponsor.
maintenance project — A project that maintains existing areas and facilities through repairs and upkeep for the
benefit of outdoor recreation.
maintenance and operation — A project that maintains and operates existiareas and facilities through repairs,
upkeep, and routine services for the benefit of outdoor recreationists.
match or matching share — The portion of the total project cost pr. • he Sponsor.
milestone — An important event with a defined date to track a
and monitor significant stages of project accomplishment.
Office — Means the Recreation and Conservation Office or
pass -through entity — A non -Federal entity that •es a sub- d to a subrecipient to carry out part of a Federal
program (2 CFR 200 (as updated)). If this Agree -.eral s. ard, RCO is the pass -through entity.
period of performance — The period beginning on , . -ct s . date and ending on the project end date.
pre -agreement cost — A project co urre efore period of performance.
ivity relate • plementation of a funded project
primary Sponsor — The Sponsor
as the entity to which RCO grants fu
includes but is not limited
submitting reports). A P
Sponsor and who is specifically identified in the Agreement
and author zes and requires to administer the grant. Administration
cal agent for the grant (e.g., requesting and accepting reimbursements,
s its officers, employees, agents and successors.
Project — The undert- identified . the first page of the Agreement that is funded by this Agreement either in
whole or in part with fun• •ministe by RCO.
project area - A geographic - at delineates a grant assisted site which is subject to project agreement
requirements.
project completion or completed project — The status of a project when all of the following have occurred:
• The grant funded project has been inspected by the RCO and the RCO has determined that all scopes of
work to implement the project have been completed satisfactorily.
• A final project report is submitted to and accepted by RCO.
• Any amendments to the Agreement required by RCO have been entered by the Sponsor and RCO and have
been delivered to the RCO.
• A final reimbursement request has been delivered to and paid by RCO.
• Documents affecting property rights (including RCO's as may apply) and any applicable notice of grant, have
been recorded (as may apply).
project cost — The total allowable costs incurred under this Agreement and all required match share and voluntary
committed matching share, including third -party contributions (see also 2 C.F.R. Part 200 (as updated)) for federally
funded projects).
project end date — The specific date identified in the Agreement on which the period of performance ends, as may
be changed by amendment. This date is not the end date for any long-term obligations.
project start date — The specific date identified in the Agreement on which the period of performance starts.
RCO: 24-2215
22
Revision Date: 10/26/2023 Page 8 of 19
RCFB — Recreation and Conservation Funding Board
RCO — Recreation and Conservation Office — The state agency that administers the grant that is the subject of this
Agreement. RCO includes the director and staff.
RCW — Revised Code of Washington
reimbursement — RCO's payment of funds from eligible and allowable costs that have already been paid by the
Sponsor per the terms of the Agreement.
renovation project — A project intended to improve an existing site or structure in order to increase its useful service
life beyond current expectations or functions. This does not include maintenance activities to maintain the facility for
its originally expected useful service life.
secondary Sponsor — One of two or more Sponsors who is not a primary Sponsor. Only the primary Sponsor may
be the fiscal agent for the project.
Sponsor — A Sponsor is an organization that is listed in and has signed this Agreement.
Sponsor Authorized Representative/Agent — A Sponsor's agent (employee, political appointee, elected person,
etc.) authorized to be the signatory of this Agreement and any amendments requiring a Sponsor signature. This
person has the signature authority to bind the Sponsor to this Agreement, • t, and project.
subaward — Funds allocated to the RCO from another organization, f. ' ich RCO makes available to or assigns to
another organization via this Agreement. Also, a subaward may be .rovided by a pass -through entity to a
subrecipient for the subrecipient to carry out part of any award re - -ed by •ass -through entity. It does not include
payments to a contractor or payments to an individual that is - eficiary of a -ral or other program. A subaward
may be provided through any form of legal agreement, incl . an agreement th. e pass -through entity considers
a contract. Also see 2 C.F.R. Part 200 (as updated). For ral su. . rds, a subaward is for the purpose of carrying
out a portion of a Federal award and creates a federal ass! --tionship with the subrecipient (2 C.F.R. Part 200
(as updated)). If this Agreement is a federal subaward, the su. :rd amount is the grant program amount in the
Project Funding Section.
subrecipient — Subrecipient means an entity that
funds, a subrecipient is an entity that receives a su
program; but does not include an indiv.
recipient of other federal awards dir
Agreement is a federal subaward
tribal consultation — Outreach and
coalition or consortium of
by the proposed projec
potential impacts to
responding to any req
may include not procee
not implementing the proje
is inc
ral areas, n.
from such
ith part
ib
a d. For non-federal entities receiving federal
ass -through entity to carry out part of a federal
ficiary of such program. A subrecipient may also be a
arding agency (2 C.F.R. Part 200 (as updated)). If this
cipient.
ation wit .ne or more federally recognized tribes (or a partnership or
rivate tribal enterprise) whose rights will or may be significantly affected
with potentially -affected tribes the scope of work in the grant and
al re urces, and the built environment by the project. It also includes
es and considering tribal recommendations for project implementation, which
the project, altering the project concept and design, relocating the project, or
sultation does not affect RCO's final approval authority for project proposals.
useful service life — Period dur g which a built asset, equipment, or fixture is expected to be useable for the
purpose it was acquired, installed, developed, and/or renovated, or restored per this Agreement.
WAC — Washington Administrative Code.
PERFORMANCE BY THE SPONSOR
The Sponsor shall undertake the project as described in this Agreement, and in accordance with the Sponsor's proposed
goals and objectives described in the application or documents submitted with the application, all as finally approved by the
RCO (to include any RCO approved changes or amendments thereto). All submitted documents are incorporated by this
reference as if fully set forth herein.
Timely completion of the project and submission of required documents, including progress and final reports, is important.
Failure to meet critical milestones or complete the project, as set out in this Agreement, is a material breach of the Agreement.
ASSIGNMENT
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Sponsor without
prior written approval of the RCO. Sponsor shall not sell, give, or otherwise assign to another party any property right, or alter
a conveyance (see below) for the project area acquired with this grant without prior approval of the RCO.
RCO: 24-2215 Revision Date: 10/26/2023
Page 9 of 123
RESPONSIBILITY FOR PROJECT
Although RCO administers the grant that is the subject of this Agreement, the project itself remains the sole responsibility of
the Sponsor. The RCO and Funding Entity (if different from the RCO) undertakes no responsibilities to the Sponsor, or to any
third party, other than as is expressly set out in this Agreement.
The Sponsor has sole responsibility to implement the project and for any claim or suit of any nature by any third party related
in any way to the project. When a project has more than one Sponsor, any and all Sponsors are equally responsible for the
project and all post -completion stewardship responsibilities and long-term obligations unless otherwise stated in this
Agreement.
The RCO, its employees, assigns, consultants and contractors, and members of any funding board or advisory committee or
other RCO grant review individual or body, have no responsibility for reviewing, approving, overseeing or supervising design,
construction, or safety of the project and leaves such review, approval, oversight and supervision exclusively to the Sponsor
and others with expertise or authority. In this respect, the RCO, its employees, assigns, consultants and contractors, and any
funding board or advisory committee or other RCO grant review individual or body will act only to confirm at a general, lay
person, and nontechnical level, solely for the purpose of project eligibility and payment and not for safety or suitability, that the
project apparently is proceeding or has been completed in accordance with the Agreement.
INDEMNIFICATION
The Sponsor shall defend, indemnify, and hold the State and its officers and employ
suits at law or equity (however denominated) arising in whole or in part from the a
negligence in connection with this Agreement (including without limitation all wo
any obligation under this Agreement by the Sponsor or the Sponsor's agents
vendors, of any tier, or any other persons for whom the Sponsor may be I
required to defend or indemnify the State against and hold harmless th
sole negligence of the State, its employees and/or agents for whom t
claims or suits are caused by or result from the concurrent neglige
employees, and (b) the State, or its employees or agents, the Spo
only to the extent of the Sponsor's negligence or its agents, or emplo
As part of its obligations provided above, the Sponsor spe
Sponsor's own employees or its agents against the State a
Sponsor specifically waives any immunity under the state in
immunity under this provision extends only to cl,' •ainst
any claims by Sponsor's employees directly . - st ` nsor.
Sponsor shall ensure that any agreement
any tier shall require that the contracting enti
provided herein as if it were the Sp
project without compensation or
The Sponsor shall also defen
demands, or suits at law or equi
allegedly improper appropriation or
inventions by the Sponsor or the Spo
s harmless from all claims, demands, or
or alleged acts, errors, omissions or
activities thereunder), or the breach of
es, contractors, subcontractors, or
ovided, however, that Sponsor is not
la demands or suits based upon the
tate is vicarious ble. Provided, further, that if the
of (a) Sponsor or e Sponsor's agents or
nity obligation shall be valid and enforceable
ntial liability for actions brought by the
p pose of this indemnification and defense, the
law, RCW Title 51. Sponsor's waiver of
or by Indemnitee RCO, and does not include, or extend to,
olving any contractors, subcontractors and/or vendors of
nify, . - - d, waive RCW 51 immunity, and otherwise protect the State as
not apply to a contractor or subcontractor donating its services to the
ideration.
d the State and its officers and employees harmless from all claims,
e or in part from the alleged patent or copyright infringement or other
secrets, patents, proprietary information, know-how, copyright rights or
ents, employees, contractors, subcontractors or vendors, of any tier, or any
other persons for whom the Sponsor ma, .e legally liable, in performance of the work under this Agreement or arising out of
any use in connection with the Agreement of methods, processes, designs, information or other items furnished or
communicated to the State, its agents, officers and employees pursuant to the Agreement. Provided, this indemnity shall not
apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents,
proprietary information, know-how, copyright rights or inventions resulting from the State's, its agents', officers' and
employees' failure to comply with specific written instructions regarding use provided to the State, its agents, officers and
employees by the Sponsor, its agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for
whom the Sponsor may be legally liable.
The funding board and RCO are included within the term State, as are all other agencies, departments, boards, councils,
committees, divisions, bureaus, offices, societies, or other entities of state government.
INDEPENDENT CAPACITY OF THE SPONSOR
The Sponsor and its employees or agents performing under this Agreement are not officers, employees or agents of the RCO
or Funding Entity. The Sponsor will not hold itself out as nor claim to be an officer, employee or agent of the RCO or the
Funding Entity, or of the state of Washington, nor will the Sponsor make any claim of right, privilege or benefit which would
accrue to an employee under RCW 41.06.
The Sponsor is responsible for withholding and/or paying employment taxes, other taxes, insurance, or deductions of any kind
required by federal, state, and/or local laws.
RCO: 24-2215
24
Revision Date: 10/26/2023 Page 10 of 19
CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole discretion, by written
notice to the Sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation
of the Ethics in Public Service Act, RCW 42.52; or any similar statute involving the Sponsor in the procurement of, or
performance under, this Agreement. In the event this Agreement is terminated as provided in this paragraph, RCO shall be
entitled to pursue the same remedies against the Sponsor as it could pursue in the event of a breach of the Agreement by the
Sponsor. The rights and remedies of RCO provided for in this clause shall not be exclusive and are in addition to any other
rights and remedies provided by law or this Agreement.
COMPLIANCE WITH APPLICABLE LAW
In performing it obligations under the Agreement, the Sponsor shall comply with all applicable federal, state, and local laws
(including without limitation all applicable ordinances, codes, rules, and regulations). Such compliance includes, without any
limitation as to other applicable laws, the following laws:
A. Nondiscrimination Laws. The Sponsor shall comply with all applicable federal, state, and local nondiscrimination
laws and/or policies, including but not limited to: the Americans with Disabilities Act; Civil Rights Act; and the Age
Discrimination Employment Act (if applicable). In the event of the Sponsor's noncompliance or refusal to comply with
any nondiscrimination law or policy, the Agreement may be rescinded, cancelled, or terminated in whole or in part,
and the Sponsor may be declared ineligible for further grant awards from the RCO or Funding Entity. The Sponsor is
responsible for any and all costs or liability arising from the Sponsor's failur- o so comply with applicable law. Except
where a nondiscrimination clause required by a federal funding agency is
nondiscrimination clause in each contract for construction of this proje
contractor agrees to comply with all federal and state nondiscrimina
B. Secular Use of Funds. No funds awarded under this grant m
instruction, or for lands and facilities for religious activities, w
instruction may be a minor use of the grant supported rec
that this restriction shall be based on an analysis of the us
C. Wages and Job Safety. The Sponsor agrees to
United States and the State of Washington or oth
that when state prevailing wage laws (RCW 39.12
of wage to all workers, laborers, or mechanics emp
statement of intent to pay prevailing wa• ' the
by RCW 39.12.40. The Sponsor also ees compl
Washington State Department of
1) Pursuant to RCW 39.12.0
intent to pay prey
subcontractor i
statement of
investigate
d, the Sponsor shall insert the following
uring the performance of this contract, the
regulations and policies."
used to p. •r religious activities, worship, or
ip, or instructio -ligious activities, worship, or
nservation and or facility. Provided, however,
s, not the identity or affiliation of the Sponsor.
y with licable laws, regulations, and policies of the
wages and job safety. The Sponsor agrees,
omply with such laws, to pay the prevailing rate
rmance of any part of this contract, and to file a
gton State Department of Labor and Industries as required
ith the provisions of the rules and regulations of the
all con - ors and subcontractors shall submit to Sponsor a statement of
e need to pay prevailing wages is required by law. If a contractor or
an prevailing wages, it must provide the Sponsor with an affirmative
tractor's intent. Unless required by law, the Sponsor is not required to
g prevailing wage provided by a contractor or subcontractor.
D. Restrictions on Grant U o pa' any funds provided under this grant shall be used, other than for normal and
recognized executive-legisla . ionships, for publicity or propaganda purposes, or for the preparation,
distribution, or use of any kit, p. •hlet, booklet, publication, radio, television, or video presentation designed to
support or defeat legislation pending before the U.S. Congress or any state legislature. No part of any funds provided
under this grant shall be used to pay the salary or expenses of any Sponsor, or agent acting for such Sponsor, related
to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state
legislature.
E. Debarment and Certification. By signing the Agreement with RCO, the Sponsor certifies that neither it nor its
principals nor any other lower tier participant are presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from participation in this transaction by Washington State Labor and Industries.
Further, the Sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party
that is on Washington State Department of Labor and Industries' "Debarred Contractor List."
ARCHAEOLOGICAL AND CULTURAL RESOURCES
A. Project Review. RCO facilitates the review of projects for potential impacts to archaeology and cultural resources,
except as those listed below. The Sponsor shall follow RCO guidance and directives to assist it with such review as
may apply.
1) Projects occurring on State/Federal Lands: Archaeological and cultural resources compliance for projects
occurring on State or Federal Agency owned or managed lands, will be the responsibility of the respective
agency, regardless of sponsoring entity type. Prior to ground disturbing work or alteration of a potentially
historic or culturally significant structure, or release of final payments on an acquisition, the Sponsor must
RCO: 24-2215 Revision Date: 10/26/2023
Page 11 of 19
provide RCO all documentation acknowledging and demonstrating that the applicable archaeological and
cultural resources responsibilities of such state or federal landowner or manager has been conducted.
B. Termination. RCO retains the right to terminate a project due to anticipated or actual impacts to archaeology and
cultural resources.
C. Notice To Proceed. No work shall commence in the project area until RCO has provided a notice of cultural
resources completion. RCO may require on -site monitoring for impacts to archaeology and cultural resources during
any demolition, construction, land clearing, restoration, or repair work, and may direct that work stop to minimize,
mitigate, or avoid impacts to archaeology and cultural resource impacts or concerns. All cultural resources
requirements for non ground disturbing projects (such as acquisition or planning projects) must be met prior to final
reimbursement.
D. Compliance and Indemnification. At all times, the Sponsor shall take reasonable action to avoid, minimize, or
mitigate adverse effects to archaeological and historic resources in the project area, and comply with any RCO
direction for such minimization and mitigation. All federal or state cultural resources requirements under Governor's
Executive Order 21-02 and the National Historic Preservation Act, and the State Environmental Policy Act and the
National Environmental Policy Act, and any local laws that may apply, must be completed prior to the start of any
work on the project site. The Sponsor must agree to indemnify and hold harmless the State of Washington in relation
to any claim related to historical or cultural artifacts discovered, disturbed, or damaged due to the project funded
under this Agreement. Sponsor shall comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other
applicable local, state, and federal laws protecting cultural resources and h 'an remains.
E. Costs associated with project review and evaluation of archeology an
reimbursement under this agreement. Costs that exceed the budge
Sponsor Inadvertent Discovery Plan. The Sponsor shall request, ew, an
Discovery Plan, and:
1) Keep the IDP at the project site.
2) Make the IDP readily available to anyone working at roject site.
3) Discuss the IDP with staff and contracto ct site.
4) Implement the IDP when cultural resource an r- . ins are found at the project site.
F. Discovery
ral resources are eligible for
ount shall be the responsibility of the
bound by the RCO Inadvertent
1) If any archaeological or h
Sponsor shall immediately
Preservation at
disturbance to
and while conducting work under this Agreement, the
rk and no y RCO, the Department of Archaeology and Historic
d any affected Tribe, and stop any activity that may cause further
toric resources.
2) If any human wins are fo ' while conducting work under this Agreement, Sponsor shall immediately
stop work and the loc- aw Enforcement Agency or Medical Examiner/Coroner's Office, and then
RCO, all in the mo pe' .us manner, and stop any activity that may cause disturbance to the remains.
Sponsor shall secur- ea of the find will and protect the remains from further disturbance until the State
provides a new notice t proceed.
a) Any human remains discovered shall not be touched, moved, or further disturbed unless directed by
RCO or the Department of Archaeology and Historic Preservation (DAHP).
b) The county medical examiner/coroner will assume jurisdiction over the human skeletal remains and
make a determination of whether those remains are forensic or non -forensic. If the county medical
examiner/coroner determines the remains are non -forensic, then they will report that finding to the
Department of Archaeology and Historic Preservation (DAHP) who will then take jurisdiction over
the remains. The DAHP will notify any appropriate cemeteries and all affected tribes of the find. The
State Physical Anthropologist will make a determination of whether the remains are Indian or Non -
Indian and report that finding to any appropriate cemeteries and the affected tribes. The DAHP will
then handle all consultation with the affected parties as to the future preservation, excavation, and
disposition of the remains.
RECORDS
A. Digital Records. If requested by RCO, the Sponsor must provide a digital file(s) of the project property and funded
project site in a format specified by the RCO.
B. Maintenance and Retention. The Sponsor shall maintain books, records, documents, data and other records
relating to this Agreement and performance of the services described herein, including but not limited to accounting
RCO: 24-2215
26
Revision Date: 10/26/2023 Page 12 of 19
procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in
the performance of this Agreement. Sponsor shall retain such records for a period of nine years from the date RCO
deems the project complete, as defined in the PROJECT REIMBURSEMENTS Section. If any litigation, claim or audit
is started before the expiration of the nine (9) year period, the records shall be retained until all litigation, claims, or
audit findings involving the records have been resolved.
C. Access to Records and Data. At no additional cost to RCO, the records relating to the Agreement, including
materials generated under the Agreement, shall be subject at all reasonable times to inspection, review or audit by
RCO, personnel duly authorized by RCO, the Office of the State Auditor, and/or federal and state officials so
authorized by law, regulation or agreement. This includes access to all information that supports the costs submitted
for payment under the grant and all findings, conclusions, and recommendations of the Sponsor's reports, including
computer models and methodology for those models.
D. Public Records. Sponsor acknowledges that the RCO is subject to RCW 42.56 and that this Agreement and any
records Sponsor submits or has submitted to the State shall be a public record as defined in RCW 42.56. RCO
administers public records requests per WAC 286-06 and 420-04 (which ever applies). Additionally, the Sponsor
agrees to disclose any information in regards to the expenditure of that funding as if the project sponsor were subject
to the requirements of chapter 42.56 RCW. By submitting any record to the State, Sponsor understands that the State
may be requested to disclose or copy that record under the state public records law, currently codified at RCW 42.56.
The Sponsor warrants that it possesses such legal rights as are necessary to permit the State to disclose and copy
such record to respond to a request under state public records laws. The Sponsor hereby agrees to release the State
from any claims arising out of allowing such review or copying pursuant to . blic records act request, and to
indemnify against any claims arising from allowing such review or copyind pay the reasonable cost of state's
defense of such claims.
PROJECT FUNDING
A. State Operating Budget. Grant funds for this Grant/Agre- t deri - from the S . e's Operating Budget. Sponsor
shall comply with state rules that direct, and in some cas- tric use of such funds for work performed per this
Agreement. Sponsor shall follow RCO's direction on what a ponsor performs per this Agreement because of
Operating Budget rules and requirements.
B. Additional Amounts. The RCO or Funding Entit .a .blig. . to pay any amount beyond the dollar amount
as identified in this Agreement nor for activities tha . no e fiscal year in which funds are available unless
an additional amount has been approve • dvanc- - RCO •irector and incorporated by written amendment
into this Agreement.
C. Before the Agreement. No exp
shall be eligible for grant funds, in
waiver of retroactivity or pro• spe
Agreement must be fully
may be reduced as n
D. After the Period of Pe
shall be eligible, in whole
may have under this Agree
expenditure from participation.
n incurred, by the Sponsor before the project start date
p. s specifically provided for by the RCO director, such as a
ligible pre -Agreement costs. For reimbursements of such costs, this
inal received by RCO. The dollar amounts identified in this Agreement
uch expenditure from reimbursement.
xpenditure made, or obligation incurred, following the period of performance
rant funds hereunder. In addition to any remedy the RCO or Funding Entity
rant amounts identified in this Agreement shall be reduced to exclude any such
PROJECT REIMBURSEMENTS
Reimbursement Basis (also see PROJECT FUNDING AND REIMBURSEMENT PERIOD(S) section)
A. This Agreement is administered on a reimbursement basis per WAC 286-13 and/or 420-12, whichever has been
designated to apply. Only the primary Sponsor may request reimbursement for eligible and allowable costs incurred
during the period of performance. The primary Sponsor may request reimbursement only after (1) this Agreement has
been fully executed and (2) the Sponsor has remitted payment to its vendors. RCO will authorize disbursement of
project funds only on a reimbursable basis at the percentage as defined in the PROJECT FUNDING Section.
Reimbursement shall not be approved for any expenditure not incurred by the Sponsor, or for a donation used as part
of its matching share. RCO does not reimburse for donations. All reimbursement requests must include proper
documentation of expenditures as required by RCO.
B. Reimbursement Request Frequency. The primary Sponsor is required to submit a reimbursement request to RCO,
at a minimum for each project at least once a year and only for reimbursable activities occurring in the same fiscal
year (July 1st through June 30th) or as identified in the milestones. Sponsors must refer to the PROJECT FUNDING
AND REIMBURSEMENT PERIOD(S) section and the most recent applicable RCO manuals and this Agreement
regarding reimbursement requirements. Where conflicts exist between this Agreement and RCO Manual 8, this
Agreement shall prevail.
RCO: 24-2215 Revision Date: 10/26/2023
Page 13 of 127
C. Compliance and Payment. The obligation of RCO to pay any amount(s) under this Agreement is expressly
conditioned on strict compliance with the terms of this Agreement and other agreements between RCO and the
Sponsor.
D. Conditions for Payment of Retainage. RCO reserves the right to withhold disbursement of the total amount of the
grant to the Sponsor until the following has occurred:
1) RCO has accepted the project as a completed project, which acceptance shall not be unreasonably withheld.
2) On -site signs are in place (if applicable); Any other required documents and media are complete and
submitted to RCO; Grant related fiscal transactions are complete.
RECOVERY OF PAYMENTS
A. Recovery for Noncompliance. In the event that the Sponsor fails to expend funds under this Agreement in
accordance with state and federal laws, and/or the provisions of the Agreement, fails to meet its percentage of the
project total, and/or fails to comply with any of the terms and conditions of the Agreement, RCO reserves the right to
recover grant award funds in the amount equivalent to the extent of noncompliance, in addition to any other remedies
available at law or in equity.
B. Return of Overpayments. The Sponsor shall reimburse RCO for any overpayment or erroneous payments made
under the Agreement. Repayment by the Sponsor of such funds under thi overy provision shall occur within 30
days of demand by RCO. Interest shall accrue at the rate of twelve per (12%) per annum from the time the
Sponsor received such overpayment. Unless the overpayment is du- -rror of RCO, the payment shall be due
and owing on the date that the Sponsor receives the overpayment th- O. If the payment is due to an error of
RCO, it shall be due and owing 30 days after demand by RCO f�refund.
COVENANT AGAINST CONTINGENT FEES
The Sponsor warrants that no person or selling agent has been empld
agreement or understanding for a commission, percentag - .kerage o
bona fide established agents maintained by the Sponsor
event of breach of this clause by the Sponsor, to terminate
funds paid to Sponsor (even if such funds have been subse
discretion, to deduct from the Agreement grant - _ or co
commission, percentage, brokerage or conti
INCOME (AND FEES) AND USE OF INCO
See WAC 286-13-110 for additio 'ent •rojects funded from the RCFB.
retained to solicit or secure this Agreement on an
tingent fee, excepting bona fide employees or
ring business. RCO shall have the right, in the
to be reimbursed by Sponsor for any grant
i• agent), without liability to RCO or, in RCO's
ation or recover by other means the full amount of such
A. Compatible source. -source of - inco e generated in a funded project or project area must be compatible with
the funding source an• Agreeme nd any applicable manuals, RCWs, and WACs.
B. Use of Income. Subject to ons contained in applicable state or federal law, any needed approvals of RCO,
and applicable rules and police . come or fees generated at a project work site (including entrance, utility corridor
permit, cattle grazing, timber harvesting, farming, rent, franchise fees, ecosystem services, carbon offsets
sequestration, etc.) during or after the reimbursement period cited in the Agreement, must be used to offset:
1) The Sponsor's matching resources;
2) The project's total cost;
3) The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program
assisted by the grant funding;
4) The expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the
Sponsor's system;
5) Capital expenses for similar acquisition and/or development and renovation; and/or
6) Other purposes explicitly approved by RCO or otherwise provided for in this agreement.
C. Fees. User and/or other fees may be charged in connection with land acquired or facilities developed, maintained,
renovated, or restored and shall be consistent with the:
1) Grant program laws, rules, and applicable manuals;
RCO: 24-2215
28
Revision Date: 10/26/2023 Page 14 of 19
2) Value of any service(s) furnished;
3) Value of any opportunities furnished; and
4) Prevailing range of public fees in the state for the activity involved.
PROCUREMENT REQUIREMENTS
A. Procurement Requirements. If the Sponsor has, or is required to have, a procurement process that follows
applicable state and/or federal law or procurement rules and principles, it must be followed, documented, and
retained. If no such process exists, the Sponsor must follow these minimum procedures:
1) Publish a notice to the public requesting bids/proposals for the project;
2) Specify in the notice the date for submittal of bids/proposals;
3) Specify in the notice the general procedure and criteria for selection; and
4) Sponsor must contract or hire from within its bid pool. If bids are unacceptable the process needs to be
repeated until a suitable bid is selected.
5) Comply with the same legal standards regarding unlawful discrim on based upon race, gender, ethnicity,
sex, or sex -orientation that are applicable to state agencies in ting a bidder or proposer.
Alternatively, Sponsor may choose a bid from a bidding c
This procedure creates no rights for the benefit of thj
enforced or subject to review of any kind or mann
required to certify to the RCO that they have foil
above minimum procedure where state or federal p
TREATMENT OF EQUIPMENT AND ASSETS
Equipment shall be used and managed only for the purpose
applicable manuals, or approved by RCO in wri
A. Discontinued Use. Equipment o
duration of the project, or as allo
discontinues use of the equipment
the equipment to RCO, or
B. Loss or Damage. T
RIGHT OF INSPECTION
The Sponsor shall provide right of acce . the project to RCO, or any of its officers, or to any other authorized agent or
official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate
performance, long-term obligations, compliance, and/or quality assurance under this Agreement. If a landowner agreement or
other form of control and tenure limits access to the project area, it must include (or be amended to include) the RCO's right to
inspect and access lands acquired or developed with this funding assistance.
authorized to do so.
arties, includinproposers, and may not be
any entity other th the RCO. Sponsors may be
icable state and/or federal procedures or the
es do not apply.
gre- nt, unless otherwise provided herein or in the
ent shall remain in the possession of the Sponsor for the
nd applicable RCO Manuals. When the Sponsor
rpose o hich it was funded, RCO may require the Sponsor to deliver
equipment according to RCO published policies.
sible for any loss or damage to equipment.
PREFERENCES FOR RESIDENTS
Sponsors shall not express a preference for users of grant assisted project sites on the basis of residence (including
preferential reservation, membership, and/or permit systems) except that reasonable differences in admission and other fees
may be maintained on the basis of residence. Fees for nonresidents must not exceed twice the fee imposed on residents.
Where there is no fee for residents but a fee is charged to nonresidents, the nonresident fee shall not exceed the amount that
would be imposed on residents at comparable state or local public facilities.
PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION, AND RESTORATION PROJECTS
The following provisions shall be in force:
A. Operations and Maintenance. Properties, structures, and facilities developed, maintained, or operated with the
assistance of money granted per this Agreement and within the project area shall be built, operated, and maintained
according to applicable regulations, laws, building codes, and health and public safety standards to assure a
reasonably safe condition and to prevent premature deterioration. It is the Sponsor's sole responsibility to ensure the
RCO: 24-2215 Revision Date: 10/26/2023
Page 15 of 129
same are operated and maintained in a safe and operable condition. The RCO does not conduct safety inspections or
employ or train staff for that purpose.
1) Change orders that impact the amount of funding or changes to the scope of the project as described to and
approved by the RCO must receive prior written approval of the RCO.
B. Control and Tenure. At the request of RCO, the Sponsor must provide documentation that shows appropriate tenure
and term (such as long-term lease, perpetual or long-term easement, or perpetual or long-term fee simple ownership,
or landowner agreement or interagency agreement for the land proposed for construction, renovation, or restoration,
or maintenance. The documentation must meet current RCO requirements identified in this Agreement as of the
effective date of this Agreement unless otherwise provided in any applicable manual, RCW, WAC, or as approved by
the RCO.
C. Use of Best Management Practices. Sponsors are encouraged to use best management practices including those
developed as part of the Washington State Aquatic Habitat Guidelines (AHG) Program. AHG documents include
"Integrated Streambank Protection Guidelines", 2002; "Land Use Planning for Salmon, Steelhead and Trout: A land
use planner's guide to salmonid habitat protection and recovery", 2009", "Protecting Nearshore Habitat and Functions
in Puget Sound", 2010; "Stream Habitat Restoration Guidelines", 2012; "Water Crossing Design Guidelines", 2013;
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 WIS• eb site.
D. Safety and Risk. At no time shall the Sponsor design, construct, or o
unreasonably puts the public, itself, or others at risk of injury or pro
acknowledges that the Sponsor is solely responsible for safety a
not have expertise, capacity, or a mission to review, monitor,
that RCO will do so, and that RCO is in no way responsible
ORDER OF PRECEDENCE
This Agreement is entered into, pursuant to, and under the - t grant_ ' applicable federal and state laws. The
provisions of the Agreement shall be construed to conform th. . In event of a direct and irreconcilable conflict
between the terms of this Agreement and any applicable st. e, r , y or procedure, the conflict shall be resolved by
giving precedence in the following order:
this grant funded project in a way that
ge. The Sponsor agrees and
ed with the project, that RCO does
nd risk, that no expectation exists
ith the project.
A. Federal law and binding executive
B. Code of federal regulations;
C. Terms and conditions of
D. Federal grant progra
law;
E. State Constitution, RCW, an
F. Agreement Terms and Conditions and
G. Applicable Manuals;
H. Applicable deed restrictions, and/or governing documents.
state from the federal government;
edures adopted by a federal agency that are required to be applied by federal
LIMITATION OF AUTHORITY
Only RCO's Director or RCO's delegate authorized in writing (delegation to be made prior to action) shall have the authority to
alter, amend, modify, or waive any clause or condition of this Agreement; provided that any such alteration, amendment,
modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made as a written
amendment to this Agreement and signed by the RCO Director or delegate.
WAIVER OF DEFAULT
Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the
Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a
modification of the terms of the Agreement unless stated to be such in writing, signed by the director, or the director's
designee, and attached as an amendment to the original Agreement.
RCO: 24-2215
30
Revision Date: 10/26/2023 Page 16 of 19
APPLICATION REPRESENTATIONS — MISREPRESENTATIONS OR INACCURACY OR BREACH
The Funding Entity (if different from RCO) and RCO rely on the Sponsor's application in making its determinations as to
eligibility for, selection for, and scope of, funding grants. Any misrepresentation, error or inaccuracy in any part of the
application is presumed to be material and to have been relied upon, and may be deemed a breach of this Agreement at
RCO's sole discretion.
SPECIFIC PERFORMANCE
RCO may, at its sole discretion, enforce this Agreement by the remedy of specific performance, which means Sponsor's
completion of the project and/or its completion of long-term obligations as described in this Agreement. However, the remedy
of specific performance shall not be the sole or exclusive remedy available to RCO. No remedy available to the RCO shall be
deemed exclusive. The RCO may elect to exercise any, a combination of, or all of the remedies available to it under this
Agreement, or under any provision of law, common law, or equity, including but not limited to seeking full or partial repayment
of the grant amount paid and damages.
TERMINATION AND SUSPENSION
The RCO requires strict compliance by the Sponsor with all the terms of this Agreement including, but not limited to, the
requirements of the applicable statutes, rules, and RCO policies, and with the representations of the Sponsor in its application
for a grant as finally approved by RCO. For federal awards, notification of termination will comply with 2 C.F.R. § 200 (as
updated).
A. For Cause.
1) The RCO director may suspend or terminate the obliga
Agreement:
o providing to the Sponsor under this
a) If the Sponsor breaches any of the Spots obIj ns under this Agreement;
b) If the Sponsor fails to make progress satisfa
project by the completion date - in this
milestones and other defined d
to the RCO director toward completion of the
ent. Included in progress is adherence to
c) If the primary and seco . - Spo ljf/ anno utually agree on the process and actions needed
to implement the pro
2) Prior to termination, the ' shall the S, sor in writing of the opportunity to cure. If corrective action
is not taken within 30 day u. _ -riod that the director approves in writing, the Agreement may
be terminated. In the event . ination, the Sponsor shall be liable for damages or other relief as
authorized by la ''s A. -ment.
3) RCO reser
Sponsor from
pending corrects
e right to s
rring additi
ction b
or part of the Agreement, withhold further payments, or prohibit the
al obligations of funds during the investigation of any alleged breach and
Sponsor, or a decision by the RCO to terminate the Contract.
B. For Convenience. Except as . ise provided in this Agreement, RCO may, by ten (10) days written notice,
beginning on the second day aft-r the mailing, terminate this Agreement, in whole or in part when it is in the best
interest of the state. If this Agreement is so terminated, RCO shall be liable only for payment required under the terms
of this Agreement prior to the effective date of termination. A claimed termination for cause shall be deemed to be a
"Termination for Convenience" if it is determined that:
1) The Sponsor was not in default; or
2) Failure to perform was outside Sponsor's control, fault or negligence.
C. Rights and Remedies of the RCO.
1) The rights and remedies of RCO provided in this Agreement are not exclusive and are in addition to any
other rights and remedies provided by law.
2) In the event this Agreement is terminated by the director, after any portion of the grant amount has been paid
to the Sponsor under this Agreement due to Sponsor's breach of the Agreement or other violation of law, the
director may require that any amount paid be repaid to RCO for redeposit into the account from which the
funds were derived. However, any repayment shall be limited to the extent repayment would be inequitable
and represent a manifest injustice in circumstances where the project will fulfill its fundamental purpose for
substantially the entire period of performance and of long-term obligation.
RCO: 24-2215 Revision Date: 10/26/2023
Page 17 of 19
D. Non Availability of Funds. The obligation of the RCO to make payments is contingent on the availability of state and
federal funds through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under
this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period, RCO
shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the
Legislature or the Office of Financial Management occurs. If RCO participation is suspended under this section for a
continuous period of one year, RCO's obligation to provide any future funding under this Agreement shall terminate.
Termination of the Agreement under this section is not subject to appeal by the Sponsor.
1) Suspension: The obligation of the RCO to manage contract terms and make payments is contingent upon
the state appropriating state and federal funding each biennium. In the event the state is unable to
appropriate such funds by the first day of each new biennium RCO reserves the right to suspend the
Agreement, with ten (10) days written notice, until such time funds are appropriated. Suspension will mean
all work related to the contract must cease until such time funds are obligated to RCO and the RCO provides
notice to continue work.
2) No Waiver. The failure or neglect of RCO to require strict compliance with any term of this Agreement or to
pursue a remedy provided by this Agreement or by law shall not act as or be construed as a waiver of any
right to fully enforce all rights and obligations set forth in this Agreement and in applicable state or federal law
and regulations.
DISPUTE HEARING
Except as may otherwise be provided in this Agreement , when a dispute arises
cannot be resolved, either party may request a dispute hearing according to t
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 th- assigned . t number.
een the Sponsor and the RCO, which
ss set out in this section. Either party's
In order for this section to apply to the resolution of any sp is . .r di es, the other party must agree in writing that
the procedure under this section shall be used to resolve th. sp- -s. The dispute shall be heard by a panel of three
persons; one person chosen by the Sponsor, one - - on chthe director, and a third person chosen by the two
persons initially appointed. If a third person ca' .: 'reed the persons chosen by the Sponsor and director shall be
dismissed and an alternate person chosen . e Spo or, an. 'e by the director shall be appointed, and they shall agree on
a third person. This process shall be repe. until - -- •-rs. .anel is established.
Any hearing under this section shall
nature and complexity of the issu
so directed by the disputes pa
disputes.
h the specific processes to be set by the disputes panel according to the
ess will be solely based on written material if the parties so request or if
all be governed by the provisions of this Agreement in deciding the
The parties shall be bound by the •rity d- on of the dispute panelists, unless the remedy directed by that panel is
beyond the authority of either or both ' i- . perform, as necessary, or is otherwise unlawful.
Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party. The request
shall be delivered or mailed within thirty (30) days of the date the requesting party has received notice of the action or position
of the other party which it wishes to dispute. The written agreement to use the process under this section for resolution of
those issues shall be delivered or mailed by the receiving party to the requesting party within thirty (30) days of receipt by the
receiving party of the request.
All costs associated with the implementation of this process shall be shared equally by the parties.
ATTORNEYS' FEES
In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own costs and
attorneys' fees.
GOVERNING LAW/VENUE
This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a
lawsuit involving this Agreement, venue shall be in Thurston County Superior Court if legally proper; otherwise venue shall be
in the Superior Court of a county where the project is situated, if venue there is legally proper, and if not, in a county where
venue is legally proper. The Sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State
of Washington and agrees to venue as set forth above.
RCO: 24-2215
32
Revision Date: 10/26/2023 Page 18 of 19
SEVERABILITY
The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid for any reason
whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement.
END OF STANDARD TERMS AND CONDITIONS
This is the end of the Standard Terms and Conditions of the Agreement.
RCO: 24-2215 Revision Date: 10/26/2023
Page 19 of 19
34