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HomeMy WebLinkAboutReg 2024-09-16 Item 5G - Grant Agreement - Crystal Springs Park Lighting Replacement with WA State Recreation & Conservation Office: 2025 Local Parks Maintenance Program for $76,000.00COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 9/16/24 DR ITEM INFORMATION ITEM No. 5.G. STAFF SPONSOR: DAVID ROSEN ORIGINAL AGENDA DATE: 9/16/24 AGENDA ITEM TITLE Grant Acceptance: SFY25 Local Parks Maintenance Grant CATEGORY ❑ Discussion Mtg Date ❑ Motion Mtg Date ❑ Resolution Altg Date ❑ Ordinance Mtg Date ❑ Bid Award Altg Date ❑ Public Hearing Altg Date Other Altg Date 9/16 SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD Finance ❑ Fire ® P&R ❑ Police ❑ PW SPONSOR'S SUMMARY The Parks & Recreation Department was awarded a $100,000 Local Parks Maintenance Grant in 2023. The grant was split into two contracts, the first was for SFY24 in the amount of $24,000 and the proposed contract is the second, for SFY25 in the amount of $76,000. City staff recommend City Council provide the Mayor authorization to sign the grant contract so the Crystal Springs Lighting Replacement project can begin with the aligned grant funding source. REVIEWED BY ❑ Trans&Infrastructure Svcs ® Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC DATE: 9/9 ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: MCCONNELL RECOMMENDATIONS: SPONsoR/ADtIN. Parks & Recreation COMMITTEE Forwarded to 9/16/24 Regular Meeting Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $76,000 AMOUNT BUDGETED $0 APPROPRIATION REQUIRED $76,000 Fund Source: GENERAL FUND Comments: General Fund will support necessary expenses and then be reimbursed by the grant MTG. DATE RECORD OF COUNCIL ACTION 9/16/24 MTG. DATE ATTACHMENTS 9/16/24 Informational Memorandum dated 8/22/24 Proposed Grant Agreement for Project 24-2215M 09/09/24 CSS Committee Minutes 83 84 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 85 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 86 Revision Date: 10/26/2023 Page 1 of 19 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 Revision Date: 10/26/2023 Page 2 of 19 87 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 88 Revision Date: 10/26/2023 Page 3 of 19 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 Revision Date: 10/26/2023 Page 4 of 19 89 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 90 Revision Date: 10/26/2023 Page 5 of 19 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 Revision Date: 10/26/2023 Page 6 of 19 91 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 92 Revision Date: 10/26/2023 Page 7 of 19 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 Revision Date: 10/26/2023 Page 8 of 19 93 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 94 Revision Date: 10/26/2023 Page 9 of 19 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 Revision Date: 10/26/2023 Page 10 of 19 95 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 96 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 Revision Date: 10/26/2023 Page 12 of 19 97 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 98 Revision Date: 10/26/2023 Page 13 of 19 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 Revision Date: 10/26/2023 Page 14 of 19 99 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 100 Revision Date: 10/26/2023 Page 15 of 19 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 th provisions of the Agreement shall be construed to conform between the terms of this Agreement and any applicable st giving precedence in the following order: 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. 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 'th the project. applicable federal and state laws. The event of a direct and irreconcilable conflict y or procedure, the conflict shall be resolved by 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 Revision Date: 10/26/2023 Page 16 of 19 101 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 102 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 Revision Date: 10/26/2023 Page 18 of 19 103 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 104 Revision Date: 10/26/2023 Page 19 of 19 City of Tukwila City Council Community Services & Safety Committee Meeting Minutes September 9, 2024- 5:30 p.m. - Hybrid Meeting; Hazelnut Conference Room & MS Teams Councilmembers Present: Jovita McConnell, Chair; De'Sean Quinn, Hannah Hedrick Pete Mayer, David Rosen, Eric Lund, Eric Dreyer Staff Present: Chair McConnell called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Ordinance: Automated Traffic Safety Cameras Staff is seeking approval of an ordinance that would amend Tukwila Municipal Code 9.53 to update the RCW reference and infraction fines for automated traffic safety cameras in park and school speed zones. Committee Recommendation: Unanimous approval. Forward to September 16, 2024 Regular Consent Agenda. B. Grant Acceptance: Local Parks Maintenance Staff is seeking approval to accept a grant award from the Washington State Recreation & Conservation Office's Local Parks Maintenance program in the amount of $76,000 for the Crystal Springs Park Lighting Replacement Project. Committee Recommendation: Unanimous approval. Forward to September 16, 2024 Regular Consent Agenda. II. MISCELLANEOUS The meeting adjourned at 5:47 p.m. IV' Committee Chair Approval Minutes by LH 105