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HomeMy WebLinkAboutITEM VIII-B-1 CITY OF CITY OF WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject Date: Auburn Environmental Mitigation Bank March 5, 2008 Department: Attachments: Budget Impact: $571,850.00 Planning, Building and Resolution No. 4329 Community Development Administrative Recommendation: City Council adopt Resolution No. 4329. Background Summary: In July of 2007, the City was awarded $571,850.00 from the Washington State Interagency for Outdoor Recreation in the development of the Auburn Environmental Mitigation Bank. The City has matched this grant with $571,850.00 from the general fund in order to receive the allotted grant money. Staff continues to work through permitting issues associated with the mitigation bank, but is ready to move forward with the design and construction of park amenities as described in the Auburn Environmental Park Master Plan. L0407-2 05.1.2 Re viewed by Council & Committees: e vlewe y epartm en ts Divisions: Arts Commission COUNCIL COMMITTE ES: Building M&O Airport Finance Cemetery Mayor Hearing Examiner Municipal Serv. Finance Parks Human Services Planning & CD Fire Planning Park Board Public Works Legal Police Planning Comm. Other Public Works Human Resources Action: ommittee Approval: Yes No Council Approval: HYesaNo Call for Public Hearing Referred to Until I I Tabled UntiF- 7- 7- Councilmember: Norman Staff: Baker Meeting Date: April 7, 2008 Item Number: VIII.B.1 AUBURN * MORE THAN YOU IMAGINED Natural Resources Building STATE0 1111 Washington St SE ok Olympia WA 98501 w s PO Box 40917 2889 X43 Olympia WA 98504-0917 STATE OF WASHINGTON RECREATION AND CONSERVATION OFFICE February 15, 2008 Aaron C Nix RECEIVED City of Auburn NEAR 0 5 2008 25 W Main St Auburn, WA 98001-4998 PLANNING QEP T T RE: Auburn Environmental Mitigation Bank, RCO #06-1834D Dear Mr. Nix: (360) 902-3000 TTY (360) 902-1996 Fax: (360) 902-3026 E-mail:info@rco.wa.gov Web site: www.rco-wa.gov Congratulations on your successful application for the Auburn Environmental Mitigation Bank project. Your project is administered by the Recreation and Conservation Office (RCO). Enclosed are two original sets of project agreement materials. Each set contains the Project Agreement, Milestone Report, Eligible Reimbursement Activities Report, and an Invoice Voucher. Also enclosed are policy manuals for reference as you implement your project and seek reimbursement. After reviewing your Project Agreement materials, please have the appropriate person sign each Project Agreement and return one signed original. Once the Project Agreement is signed and returned, the Auburn Environmental Mitigation Bank project can commence. Prompt implementation and completion of your project is extremely important and will ensure the continuing success and credibility of the Washington Wildlife and Recreation Program by demonstrating effective results to citizens and policy makers. We encourage you to offer appropriate media opportunities to help build public awareness of the project's purposes and benefits. Acknowledging the assistance provided by this grant program helps increase the public's understanding of the value the funding provides to communities. Please notify your project manager of any event celebrating your project's beginning or completion. As always, staff is available to answer questions that may arise during project implementation. If you need assistance, please contact Leslie Ryan-Connelly at (360) 902-3080 or leslier@rco.wa.gov. Thank you again for helping make this valuable investment in Washington State's recreation, conservation, and natural resources. Sincerely, l?&h Kaleen Cottin kh Director Enclosures Recreation and Conservation Funding Board - Salmon Recovery Funding Board *Washington Biodiversity Council AGRECVR\K%hington Invasive Species Council - Forum on Monitorinq Salmon Recoverv and Watershed Health La RESOLUTION NO. 4329 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE ACCEPTANCE OF A GRANT FROM THE WASHINGTON STATE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION IN THE AMOUNT OF FIVE HUNDRED SEVENTY ONE THOUSAND EIGHT HUNDRED AND FIFTY DOLLARS ($571,850.00) TO TAKE STEPS TO RESTORE BOTH SALMON AND OTHER CRITICAL HABITAT WITHIN THE MILL CREEK CORRIDOR BY INITIATING THE DESIGN, PERMITTING AND CONSTRUCTION IN THE DEVELOPMENT OF THE AUBURN ENVIRONMENTAL MITIGATION BANK WHEREAS, the Washington State Interagency Committee for Outdoor Recreation, a committee created under chapter 79A.25.110 RCW awarded the City of Auburn a grant in the amount of $571,850; and WHEREAS, the City of Auburn's proposal to initiate design, permitting and construction work associated with the development of the Auburn Environmental Mitigation Bank and meet the guidelines associated this grant from the Interagency Committee for Outdoor Recreation; and WHEREAS, the Interagency Committee for Outdoor Recreation has funds available under its Habitat Conservation Account, Urban Wildlife Habitat Category, to be utilized within the City limits of Auburn; and WHEREAS, the grant agreement will be executed and completed by July 31, 2011 as stipulated in the Agreement for Award of the Interagency Committee for Outdoor Recreation Grant. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Resolution No. 4329 April 2, 2008 Page 1 Section 1. Purpose. The City hereby accepts the grant from the Interagency Committee for Outdoor Recreation in the amount of Five Hundred Seventy One Thousand Eight Hundred and Fifty Dollars ($571,850.00). The Mayor and City Clerk of the City of Auburn are authorized to execute the necessary agreements with the Interagency Committee for Outdoor Recreation for the reimbursement of said funds. Section 2. Contribution. The City hereby reserves this money and will contribute an equivalent amount in match money for a total project cost of One Million One Hundred Forty Three Thousand and Seven Hundred Dollars ($1,143,700.00). Section 3. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 4. Effective Date. This resolution shall be in full force and effect upon passage and signatures hereon. Resolution No. 4329 April 2, 2008 Page 2 DATED AND SIGNED this day of 2008 CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FO C S r, D niel B. H ' City Attorney ------------------ Resolution No. 4329 April 2, 2008 Page 3 WWRP Project Agreement Habitat Conservation Account Project Sponsor: City of Auburn Project Number: 06-1834D Project Title: Auburn Environmental Mitigation Bank Approval Date: 6/7/2007 A. PARTIES OF THE AGREEMENT This Project Grant Agreement (Agreement) is entered into between the Recreation and Conservation Funding Board (RCFB), P.O. Box 40917, Olympia, Washington 98504-0917 and City of Auburn, 25 W Main St, Auburn, WA 98001-4998 (Sponsor) and shall be binding upon the agents and all persons acting by or through the parties. B. PURPOSE OF AGREEMENT This Agreement sets out the terms and conditions by which a grant is made from the Habitat Conservation Account of the State of Washington's General Fund. The grant is administered by the RCFB to the Sponsor for the project named above. C. DESCRIPTION OF PROJECT The subject Project is described on the attached Project Summary. D. TERM OF AGREEMENT The Project Sponsor's on-going obligation for the above project is perpetual unless otherwise identified in this Agreement. E. PERIOD OF PERFORMANCE The Project reimbursement period shall begin on February 19, 2008 and end on May 1, 2011. No expenditure made before or after this period is eligible for reimbursement unless incorporated by written amendment into this Agreement. PROJECT FUNDING The total grant award provided by the RCFB for this project shall not exceed $571,850.00. The RCFB shall not pay any amount beyond that approved for funding of the project. The Sponsor shall be responsible for all total project costs that exceed this amount. The contribution by the Sponsor toward work on this project at a minimum shall be as indicated below: Percentage RCFB - WWRP - Urban Wildlife 50.00% Project Sponsor 50.00% Dollar Amount $571,$50.00 $571,850.00 Total Project Cost 100.00% $1,143,700.00 G. RIGHTS AND OBLIGATIONS All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments, including the Sponsor's Application, Project Summary, Eligible Reimbursement Activities Report, Project Milestones, and the, General Provisions, all of which are attached hereto and incorporated herein. Except as provided herein, no alteration of any of the terms or conditions of this Agreement will be effective unless provided in writing. All such alterations, except those concerning the period of performance, must be signed by both parties. Period of performance extensions need only be signed by RCO's Director. The Sponsor has read, fully understands and agrees to be bound by all terms and conditions as set forth in these documents. H. COMPLIANCE WITH APPLICABLE STATUTES. RULES. AND RCO POLICIES This Agreement is governed by, and the Sponsor shall comply with, all applicable state and federal laws and regulations, including Chapter 79A.15 RCW, Chapter 286 WAC and published agency policies, which are incorporated herein by this reference as if fully set forth. WWRP Project Aqreement Chapter 79A.15 RCW, Chapter 286 WAC Habitat Conservation Account Page 1 of 2 PROJAGR.RPT ADDITIONAL PROVISIONS OR MODIFICATIONS OF THE GENERAL PROVISIONS 1. On July 1, 2007, the name of the Interagency Committee for Outdoor Recreation changed to the Recreation and Conservation Funding Board and the office name changed to the Recreation and Conservation Office. The General Provisions of the Project Agreement do not reflect this change. To allow immediate implementation of this project, the existing provisions are hereby incorporated into the agreement. All references to the Board refer to the Recreation and Conservation Funding Board. References to the Office refer the Recreation and Conservation Office. 2. Before reimbursement of any property or development or restoration related expenses, the sponsor must comply with Governor's Executive Order 05-05 regarding Archeological and Cultural Resources for the scope of work approved in this Project Agreement. The,Recreation and Conservation Office will issue a notice to proceed when appropriate documentation has been received. In the event that archaeological or historic materials are discovered during project activities, work in the immediate vicinity must stop; the area must be secured, and the Sponsor must notify the concerned tribe's cultural staff and cultural committee, the Recreation and Conservation Office, and Department of Archaeology and Historic Preservation. 3. Should a conversion occur on the property acquired, the project sponsor must value the converted property as it existed at the time of acquisition and disregard the value of any conservation easements associated with the mitigation bank. J. FEDERAL FUND INFORMATION (none) K. PROJECT GRANT AGREEMENT REPRESENTATIVE All written communications sent to the Sponsor under this Agreement will be addressed and delivered to: Project Contact RCFB Name: Aaron C Nix Recreation and Conservation Office Title: Environmental Protection Manag Natural Resources Building Address: 25 W Main St PO Box 40917 Auburn, WA 98001-4998 Olympia, Washington 98504-0917 www.rco.wa.gov/rcfb/ These addresses shall be effective until receipt by one party from the other of a written notice of any change. L. ENTIRE AGREEMENT This agreement, along with. all 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. M. EFFECTIVE DATE This agreement, for project #06-1834D, shall be effective upon signing by all parties. STATE OF WASHINGTON RECREATI AND CO ERVATION OFFICE 2 BY: DATE: J ©? Kaleen Cottingha irector PROJECT SPONSOR BY: TITLE: Pre-approved as to form: BY: /S/ DATE: Assistant Attorney General WWRP Project Aqreement Chapter 79A.15 RCW, Chapter 286 WAC PROJAGR.RPT Habitat Conservation Account Page 2 of 2 Commftfos Washington Wildlife and Recreation Program RECRENiION Urban Wildlife Habitat Category Post-Evaluation Project Summary TITLE: Auburn Environmental Mitigation Bank NUMBER: 06-1834D (Development) STATUS: Board Funded SPONSOR: City of Auburn EVALUATION SCORE: 28.6667 BOARD RANKING: 10 of 12 COSTS: SPONSOR MATCH: WWRP - Urban Wildlife $571,850 50% Appropriation 1 Cash Local $571,850 50% Total $1,143,700 100% DESCRIPTION: The Auburn Environmental Park (AEP) is an innovative project that seeks to create open space in an urbanized area while providing improved wetland habitat and other benefits. The project will include restoration of approximately 80 acres of existing low-quality wetlands. The restoration will enhance fish and wildlife habitat, improve water quality in Mill Creek, provide improved storm water detention and flood control, provide visual improvements along SR 167, provide increased economic development opportunities, and provide passive public recreation and education opportunities. The AEP mitigation objective is to obtain the maximum allowable wetland mitigation credits for use in a wetland mitigation bank managed by the City of Auburn. The City anticipates utilizing approximately 60 acres for a mitigation bank. The AEP trail will provide a much-needed respite for Interurban Trail users and park visitors. The developed trail will consist of approximately 2 miles of bicycle/pedestrian trail through the AEP wetland system directly connecting the Interurban Trail and park amenities, such as planned informational kiosks, covered areas and restroom facilities. LOCATION INFORMATION: Within the City of Auburn between downtown and SR 167. COUNTY: King SCOPE (ELEMENTS): Architectural & Engineering Cultural Resources Landscaping Permits Sales Tax Site Preparation Trails ANTICIPATED ACREAGE: ACREAGE TYPE Acres To Be Acquired Acres To Acres To Be Dev/Restored Be Renovated Uplands 1.00 Wetlands 60.00 FISCAL YEAR: 2008 1 DATE PRINTED: February 15, 2008 1PAPSUM1.RPT Auburn Environmental Mitigation Bank ? Interagenry Committee for k?l OUTDOOR Project Sponsor Project Title: Eligible Reimbursement Activities Report City of Auburn Auburn Environmental Mitigation Bank Project Number: 06-1834 D Approval: 6/7/2007 Development Items: Worksite Element Item Unit Quantity Description _ #1, Auburn Mitigation Site Architectural & Engineering A & E development Lump Sum 1.00 #1, Auburn Mitigation Site Cultural Resources Cultural resource survey Optional 1.00 Pending cultural resources reviewed #1, Auburn Mitigation Site Landscaping Grass - hydro seed Acres 20.00 #1, Auburn Mitigation Site Landscaping Habitat enhancement Lump sum 1.00 Habitat Structures including snags, LWD #1, Auburn Mitigation Site Landscaping Trees/shrubs Lump sum 1:00 #1, Auburn Mitigation Site Permits Permits Lump sum 1.00 Including Hydraulic Study #1, Auburn Mitigation Site Sales Tax Sales Tax Lump Sum 1.00 #1, Auburn Mitigation Site Site Preparation Clearing Acres 20.00 #1, Auburn Mitigation Site Site Preparation Cut Cubic Yds 21,000.00 #1, Auburn Mitigation Site Site Preparation Erosion control Lump sum 1.00 Erosion Control including any dewatering #1, Auburn Mitigation Site Site Preparation Top soil Cubic Yds 1,000.00 #1, Auburn Mitigation Site Trails Board walk - wood Linear Ft 7,920.00 Elevated Boardwalk to have the least impact on the wetlands ELIGREIM.RPT February 15, 2008 Page: F I— ? Inuragi -tx ency Camm it fl CREHTION Project Number: Project Name: Sponsor: Project Manager: Milestone Report By Project 06-1834 D Auburn Environmental Mitigation Bank Auburn City of Leslie Ryan-Connelly x Milestone Start .. Target 02/19/2008 Comments/Description ! RFP Complete/Consultant Hired 03/01/2008 I Special Conditions Met 06/30/2008 Submit quarterly narrative and financial progress reports regarding progress of the project and the establishment of the mitigation bank. Annual Project Billing 07/31/2008 Annual Project Billing 07/31/2009 ! A&E Complete/Permits Submitted 01/01/2010 Plans/Specs Reviewed Mgmt Agy 01/01/2010 Submit draft restoration plans to RCO for review. i • Special Conditions Met 05/01/2010 Ensure compliance with EO 05-05 before construction begins. Bid Awarded 06/01/2010 I Construction Started 06/01/2010 Annual Project Billing 07/31/2010 • Special Conditions Met 12/31/2010 Plan approved by RCO for the utilization of mitigation banking revenue. Proposed Completion Date 05/01/2011 Project Complete 05/01/2011 Final Docs/Billing to Mgmt Agy 07/31/2011 X = Milestone Complete 1 = Critical Milestone 1MILESTO.RPT February 15, 2008 Page: RECREATION AND CONSERVATION OFFICE Agency Name Recreation and Conservation Office P.O. Box 40917 Olympia, WA 98504-0917 FORMA-19 State of Washington INVOICE VOUCHER Sponsor's Certificate. I hereby certify under penalty of perjury that the items and totals listed herein are proper charges for materials, merchandise or services furnished to the State of Washington, and that all goods furnished and/or services rendered have been provided without discrimination because of age, sex, marital status, race, creed, color, national origin, handicap, reliaion or Vietnam era or disabled veterans status. Sponsor City of Auburn 25 W Main St Auburn, WA 98001-4998 BY (TITLE) (DATE) ?., `To Be Completed By Sponsor s Project Number 06-1834 D Project Name Auburn Environmental Mitigation Bank Invoice # 1 Billing Period From. To: This is a Final Billing? Yes[ ] No [ ] ?z Prev io'us'EXperiditI st o pate ; Costs For This Billing CATEGORIES: Project A reement sr?: x en itur'es ` NorReutsa Ma Ch '`` ?t ITotal Expenditures Non-Reimbursable Match Total .,ate t :,fit: ° i $0.00 ' Construction $1,044,474.89 SQ00 A&E $99,225.11 50.00 Development Total $1,143,700.00 $0.00 $1,143,700.00 $0.00 FUNDING & EXPENDITURE FORMULA For RCO Use ONLY Agreement Information Previous RCO Reimbursements Sponsor: 50.00% $571,850.00 Total Billed RCO Federal Share Billed RCO: WWRP - UW 50.00% $571,850.00 Share Approved Advance Balance Match Owed Balance Share Retained Share Paid Agreement Total: 100.00% $1,143,700.00 Match Bank Doc'Date Current Doc. No ` RefDoc# Vendor Number Vendor Message SWV0002069-00 06-1834 D .Tran'Code Fund ',Ap n Index Pro index Sub Ob SubSub Ob Project # Amount _t invoice # 210 244 107 92103 NZ 1 f Certificat ion J=or Payment Of, ' Project Manager/Date Release Final Pmt [) Division Supervisor/Date Accounting/Date 11NVOICE.RPT 2/15/2008 Current Fundir Press Release Template City of Auburn offered grant to rstore habitat and develop low impact public access to unique native ecosystems or plant and animal communities. (Auburn) City of Auburn was awarded a grant of $571,850.00 from the Washington Wildlife and Recreation Program, Habitat Conservation Account, Urban Wildlife Habitat category. The grant was awarded by the Recreation and Conservation Funding Board (RCFB), and will be used for the following: The Auburn Environmental Park is an innovative project that seeks to combine the need for wetland mitigation in an urban area with open space. Auburn will use this grant to restore about 60 acres of low-quality wetlands to improve wildlife habitat and water quality in Mill Creek, improve storm water detention and flood control, improve the views along State Route 167, increase economic development opportunities and provide a 2-mile trail for bicyclists and pedestrians. Project partners include the Auburn School District, Chamber of Commerce, Auburn Downtown Association, Rainier Audubon Society, Seattle-King County Association of Realtors, Green River Community College, Syntrix Biosystems, and Puget Sound Energy. Auburn will contribute $571,850. There were eight applications submitted for consideration in the Washington Wildlife and Recreation Program, Habitat Conservation Account, Urban Wildlife Habitat category. Each project went through an evaluation process prior to being recommended for funding. The RCFB Board approved funding for projects on Thursday, June 7, 2007. Funding for the Washington Wildlife and Recreation Program, Habitat Conservation Account, Urban Wildlife Habitat category comes from the sale of state general obligation bonds. City of Auburn will leverage local contributions totaling $571,850.00 with grant monies to implement the project. Total estimated project cost is $1,143,700.00. RCFB is the state's administrator of the grant program. Contact: Aaron C Nix, (253) 288-7432 (sponsor project manager) Leslie Ryan-Connelly, (360) 902-3080, leslier@rco.wa.gov (RCFB project manager) General Provisions Table of Contents Page A. Heading and Defin itions Section 1. Headings and Definitions ................................................................... ....................1 B. Performance and Requirements-(General Responsibilities). Section 2. Performance by Sponsor ....................................................................................... 2 Section 3. Assignment ............................................................................................................ 2 Section 4. Responsibility for Project ....................................................................................... 2 Section 5. Indemnification .......................................................................................................2 Section 6. Independent Capacity of the Sponsor ............................................... .................... 2 Section 7. Conflict of Interest ............................................................:................. .................... 2 Section 8. Acknowledgment and Signs ................................................................. .................... 3 C. Compliance with Laws, Records, and Inspections Section 9. Compliance with Applicable Law ...................................................... .................... 3 Section 10. Records Maintenance ........................................................................ ....................4 Section 11. Access to Data ..................................................................:................ ....................4 Section 12. Treatment of Assets ........................................................................... .................... 4 Section 13. Right of Inspection ............................................................................. .................... 4 Section 14. Stewardship and Monitoring .............................................................. .................... 5 Section 15. Debarment Certification ..................................................................... .................... 5 D. Funding, Reimbursements Section 16. Project Funding .................................................................................. .................... 5 Section 17. Project Reimbursements .................................................................... .................... 5 Section 18. Advance Payments ................................................................................................ 5 Section 19. Non-availability of Funds ........................................................................................ 6 Section 20. Recovery of Payments ........................................................................................... 6 Section 21. Covenant Against Contingent Fees .......................................................................6 E. Acquisition and/or Development/Restoration Section 22. Provisions Applying to Development/Restoration Projects .................................... 6 Section 23. Provisions Applying to Acquisition Projects ........................................................... 7 Section 24. Hazardous Substances .......................................................................................... 7 F. Facility Uses and Fees Section 25. Restriction on Conversion of Facility to Other Uses ........................... ................... 8 Section 26. Construction, Operation, Use and Maintenance of Assisted Projects ................... 9 Section 27. Income and Income Use ..................................................................... ................... 9 Section 28. Preferences for Residents .................................................................. ................... 9 G. Special Provisions Section 29. Provisions Related to Non-Profit or Not-For-Profit Sponsors ............. .................10 Section 30. Liability Insurance Requirements for Firearm Range Sponsors ......... .................10 Section 31. Requirements of the National Park Service ........................................ .................10 April 15, 2002 - Page 1 General Provisions SECTION 1. HEADINGS AND DEFINITIONS A. Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of this Agreement. B. Definitions. As used throughout this Agreement, the following terms shall have the meaning set forth below: Acquisition - The gaining of rights of public ownership by purchase, negotiation, or other means, of fee or less than fee interests in real property. Agreement - The accord accepted by all parties to the present transaction; the Agreement, supplemental agreement, intergovernmental agreement, monitoring plan, and/or a landowner agreement between the Funding Board and a Sponsor. Applicant - Any agency or organization that meets the qualifying standards, including deadlines, for submission of an application soliciting a grant of funds from the Funding Board. Application - The forms and support documents approved by the Funding Board or its Director for use by applicants in soliciting project funds administered by the Office. Asset - Equipment purchased by the Sponsor or acquired or transferred to the Sponsor for the purpose of this Agreement. This definition is restricted to non-fixed assets, such as vehicles, computers or machinery.. Contractor - shall mean one not in the employment of the Sponsor who is performing all or part of the eligible activities for this projects under a separate Agreement with the Sponsor. The term "Contractor" and "Contractors" means Contractor(s) in any tier. Development/Restoration - The construction, renovation, redevelopment, or installation of facilities to provide for outdoor recreation or natural resources. Director - The Office Director or the Director's designee. Funding Board - As identified in Paragraph A in the Agreement as either the (1) Interagency Committee for Outdoor Recreation (IAC) - The committee created under Chapter 79A.25.110 RCW includes eight members. Three are agency heads: the Commissioner of Public Lands, the Director of Parks and Recreation, and the Director of Fish and Wildlife (or their designees). Five, by appointment of the Governor with the advice and consent of the Senate, are members of the public at large who have demonstrated interest in and a general knowledge of outdoor recreation in the state; (2) Salmon Recovery Funding Board (SRFB) - The Board created under Chapter 77.85.110 RCW, is comprised of five governor-appointed voting members (one a cabinet-level appointment) and five non-voting state officials: the Commissioner of Public Lands, the Secretary of Transportation, the Director of the Conservation Commission, the Director of Fish and Wildlife, and the Director of Ecology (or their designees); or (3) Hatchery Scientific Review Group (HSRG) - The independent Board established by Congress to ensure hatchery reform programs in Puget Sound and Coastal Washington are scientifically founded and evaluated. Office - Office of the Interagency Committee - The Office provides support to the IAC, SRFB, and HSRG. The Office includes the Director and personnel, created by Chapters 79A.25.110 and 79A.25.150 RCW and charged with administering this Agreement by Chapters 77.85.110 and 79A.25.240 RCW. Landowner Agreement - A landowner agreement is required between a Sponsor and landowner for projects located on land not owned, or otherwise controlled, by the Sponsor for salmon recovery projects. Milestone - Important date(s) tracked in the Agreement for monitoring the Project status. Period of Performance - The time period specified in the Agreement, under Section E, Period of Performance. Post Evaluation Summary - One of the documents used to summarize and describe the actions untaken in the Agreement. Project - The undertaking that is the subject of this Agreement and that is, or may be, funded in whole or in part with funds administered by the Office on behalf of the Funding Board. Sponsor - The applicant who has been awarded a grant of funds and is bound by this executed Agreement; includes its officers, employees and agents. April 15, 2002 - Page 3 General Provisions Agreement by the Sponsor. The rights and remedies of the Office provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which the Office makes any determination under this clause shall be an issue and may be reviewed as provided in the "Disputes Hearing" clause of this Agreement. In the event this Agreement is terminated as provided above, the Funding Board or the Office 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 the Funding Board or the Office provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which the Funding Board or the Office makes.any determination under this. clause may be reviewed as provided in the "Disputes clause of this Agreement. SECTION & ACKNOWLEDGMENT AND SIGNS A. Publications. The Sponsor shall include language which acknowledges the funding contribution of the program to this Project in any release or other publication developed or modified for, or referring to, the Project. B. Signs. The Sponsor also shall post signs or other appropriate media at Project entrances and other locations on the Project which acknowledge the program's funding contribution, unless exempted in Funding Board policy or waived by the Director. C. Ceremonies. The Sponsor shall notify the Office no later than two weeks before a dedication ceremony for this Project. The Sponsor shall verbally acknowledge the program's funding contribution at all dedication ceremonies. D. Federally Funded Projects. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing a project funded in whole or in part with federal money provided for in this grant, Sponsors shall clearly state: 1. The percentage of the total costs of the Project that is financed with federal money; 2. The dollar amount of federal funds for the Project; and 3. The percentage and dollar amount of the total costs of the Project that is financed by nongovernmental sources. SECTION 9. COMPLIANCE WITH APPLICABLE LAW The Sponsor will implement the Agreement in accordance with applicable federal, state, and local laws and regulations. The Sponsor shall comply with, and the Office is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, and/or policies, including, but not limited to, State Environmental Policy Act; Industrial Insurance Coverage; Architectural Barriers Act; permits (shoreline, Hydraulics Project Approval, demolition); land use regulations (comprehensive areas ordinances, Growth Management Act); federal and state safety and health regulations (Occupational Safety and Health Administration/Washington Industrial Safety and Health Act); and Buy American Act. The Sponsor shall comply with all applicable federal, state, and local nondiscrimination laws and/or policies, including but not limited to, the Americans with Disabilities Act; Civil Rights Act; and the Age Discrimination Act. In the event of the Sponsor's noncompliance or refusal to comply with any nondiscrimination law or policy, the Agreement may be rescinded, cancelled, or terminated in whole or in part, and the Sponsor may be declared ineligible for further grant awards from the Funding Board. The Sponsor is responsible for any and all costs or liability arising from the Sponsor's failure to so comply with applicable law. No part of any funds provided under this grant shall be used, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, or for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support or defeat legislation pending before the U.S. Congress or any state legislature. April 15, 2002 - Page 5 General Provisions SECTION 14. STEWARDSHIP AND MONITORING Sponsor agrees to perform monitoring and stewardship functions as stated in the monitoring and stewardship plans as approved by the Funding Board or the Office. Sponsor further agrees to utilize, where applicable and financially feasible, any monitoring protocols recommended by the Funding Board. SECTION 15. DEBARMENT CERTIFICATION The Sponsor certifies it is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any Federal department or agency. If requested by the Office, the Sponsor shall complete a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed by the Sponsor for this Agreement shall be incorporated into this Agreement by reference. SECTION 16. A. PROJECT FUNDING Additional Amounts. The Funding Board shall not be obligated to pay any amount beyond the dollar amount as identified in this Agreement, unless an additional amount has been approved in advance by the Funding Board or Director and incorporated by written amendment into this Agreement. B. Before the Agreement. No expenditure made, or obligation incurred, by the Sponsor before the effective date of this Agreement shall be eligible for grant funds, in whole or in part, unless specifically provided for by Funding Board policy. The dollar amounts identified in this Agreement may be reduced as necessary to exclude any such expenditure from reimbursement. C. After the Period of Performance. No expenditure made, or obligation incurred, following the period of performance shall be eligible, in whole or in part, for grant funds hereunder. In addition to any remedy the Funding Board may have under this Agreement, the amounts identified in this Agreement shall be reduced to exclude any such expenditure from participation. SECTION 17. PROJECT REIMBURSEMENTS A. Compliance and Payment. The obligation of.the Office to pay any amount(s) under this Agreement is expressly conditioned upon strict compliance with the terms of this Agreement by the Sponsor. B. Compliance and Retainage. The Office reserves the right to withhold disbursement of the final ten percent (10%) of the total amount of the grant to the Sponsor until the Project has been completed and approved by the Director. A Project is considered "complete" when: 1. all approved or required activities outlined in the Agreement are complete; 2. on-site signs are in place (if applicable); 3. a final Project report is submitted to the Office with the Sponsor's final request for reimbursement; 4. the completed Project has been approved by the Office; 5. final amendments have been processed; and 6. fiscal transactions are complete. C. Invoice Frequency. Invoices are required at least once a quarter from state agency sponsors and at least once a year from all other sponsors. The year-end invoice should include expenditures through June 30, the last day of the State's fiscal year and be submitted no later than July 15th. Final reimbursement requests should be submitted to the Office within ninety (90) days of the completion of the Project, funding end date, or the termination date, whichever comes first. SECTION 18. ADVANCE PAYMENTS Advance payments of or in anticipation of goods or services to be provided under this Agreement are limited to salmon grants and must comply with SRFB policy. April 15, 2002 - Page 7 General Provisions SECTION 23. PROVISIONS APPLYING TO ACQUISITION PROJECTS The following provisions shall be in force only if the Project described in this Agreement is for the acquisition of interest in real property for outdoor recreation, habitat conservation, or salmon recovery purposes: A. Evidence of Land Value. Before disbursement of funds by the Office as provided under this Agreement, the Sponsor agrees to supply evidence to the Office that the land acquisition cost has been established per Funding Board policy. B. Evidence of Title: The Sponsor agrees to show the type of ownership interest for the property that has been acquired. This shall be done before any payment of financial assistance. C. Deed of Right to Use Land for Public Purposes. The Sponsor agrees to execute an instrument or instruments which contain: 1. The legal description of the property acquired under this Agreement; 2. A conveyance to the State of Washington of the right to use the described real property forever for the purpose identified in the Agreement; and 3. A requirement to comply with applicable statutes, rules, and the Funding Board policies with respect to conversion of use. D. Assignment of Right. When acquiring a conservation easement, the Sponsor agrees to execute an instrument or instruments that contain: 1. The legal description of the conservation easement acquired under this Agreement; 2. An assignment to the State of certain rights for access to and stewardship of the property covered by the conservation easement; 3. Acknowledgement of the right of the Funding Board and the Office for enforcement of the provisions of the conservation easement; and 4. A statement that the Sponsor will retain all responsibility for obligations under the terms of the conservation easement. E. Real Property Acquisition and Relocation Assistance 1. When federal funds are part of this Agreement, the Sponsor agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970)-Public Law 91-646, as amended by the Surface Transportation and Uniform Relocation Assistance Act, PL 100-17-1987, and applicable regulations and procedures of the federal agency implementing that Act. 2. When state funds are part of this Agreement, the Sponsor, if required by law, agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington, Chapter 8.26.010 RCW), and Chapter 468-100 WAC. 3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection (1) above and/or state law_ set out in subsection (2) above, are involved in the execution of this Project, the Sponsor agrees to provide any housing and relocation assistance required. SECTION 24. HAZARDOUS SUBSTANCES A. Definition. "Hazardous substance," as defined in Chapter 70.105D.020 (7) RCW, means: 1. Any dangerous or extremely hazardous waste as defined in Chapter 70.105.010(5) and (6) RCW, or any dangerous or extremely dangerous waste designated by rule pursuant to Chapter 70.105 RCW; 2. Any hazardous substance as defined in Chapter 70.105.010(14) RCW or any hazardous substance as defined by rule pursuant to Chapter 70.105. RCW; 3. Any substance that, on March 1, 1989, is a hazardous substance under section 101(14) of the federal cleanup law, 42 U.S.C. Sec. 9601(14); 4. Petroleum or petroleum products; and April 15, 2002 - Page 9 General Provisions SECTION 26. CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED PROJECTS Sponsors must ensure that properties or facilities assisted with Funding Board funds, including undeveloped sites, are built, operated, used, and maintained: A. According to applicable federal, state, and local laws and regulations, including public health standards and building codes. B. In a reasonably safe condition for the project's intended use. C. Throughout its estimated life so as to prevent undue deterioration. D. In compliance with all federal and state nondiscrimination laws, regulations and policies. Facilities open to the public must: E. Follow all state and federal accessibility guidelines. F. Appear attractive and inviting to the public except for brief installation, construction, or maintenance periods. G. Be available for use at reasonable hours and times of the year, according to the type of area or facility. SECTION27. INCOME AND INCOME USE A. Income. 1. Compatible source. The source of any income generated in a Funding Board assisted Project or project area must be compatible with the funding source and the Agreement. 2. Fees. User and/or other fees may be charged in connection with land acquired or facilities developed with Funding Board grants if the fees are consistent with the: (a) Value of any service(s) furnished; (b) Value of any opportunity(ies) furnished; and (c) Prevailing range of public fees in the state for the activity involved. Excepted are Firearms and Archery Range Recreation Program safety classes (firearm and/or hunter) for which a facility/range fee must not be charged (Chapter 79A252.210 RCW). B. Income use. Regardless of whether income or fees in a Funding Board-assisted area (including entrance, utility corridor permit, cattle grazing, timber harvesting, farming, etc.) are gained during or after the reimbursement period cited in the Agreement, unless precluded by state law, the revenue may only be used to offset: 1. the Sponsor's matching funds; and/or 2. the Project's total cost; and/or 3. the expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program assisted by the Funding Board grant; and/or 4. the expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the Sponsor's system; and/or 5. capital expenses for similar acquisition and/or development. SECTION 28. PREFERENCES FOR RESIDENTS Sponsors shall not express a preference for users of grant assisted projects on the basis of residence (including preferential reservation, membership, and/or permit systems) except that reasonable differences in admission and other fees may be maintained on the basis of residence. Even so, the Funding Board discourages the imposition of differential fees. Fees for nonresidents must not exceed twice the fee imposed on residents. Where there is no fee for residents but a fee is charged to nonresidents, the nonresident fee shall not exceed the amount that would be imposed on residents at comparable state or local public facilities. April 15, 2002 - Page 11 General Provisions SECTION 32. ORDER OF PRECEDENCE This Agreement is entered into, pursuant to, and under the authority granted by applicable federal and state laws. The provisions of the Agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute, rule, or policy or procedure, the inconsistency shall be resolved by giving precedence in the following order: A. Applicable federal and/or state statutes, regulations, policies and procedures including applicable federal Office of Management and Budget (OMB) circulars and federal and state executive orders; B. Project Agreement including attachments; C. Additional Provisions or Modifications of General Provisions; D. General Provisions. SECTION 33. AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. SECTION 34. LIMITATION OF AUTHORITY Only the Office or Office's delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Agreement. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this Agreement is not effective or binding unless made in writing and signed by the Office. SECTION 35. WAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such in writing, signed by the Director, or the Director's designee, and attached to the original Agreement. SECTION 36. APPLICATION REPRESENTATIONS -- MISREPRESENTATIONS OR INACCURACY OR BREACH The Funding Board and the Office rely upon the Sponsor's application in making its determinations as to eligibility for, selection for, and scope of, funding grants. Any misrepresentation, error or inaccuracy in any part of the application may be deemed a breach of this Agreement. SECTION 37. TERMINATION AND OTHER REMEDIES The Funding Board and the Office may require strict compliance by the Sponsor with the terms of this Agreement including, but not limited to, the requirements of the applicable statutes, rules and Funding Board policies which are incorporated into this Agreement, and with the representations of the Sponsor in its application for a grant as finally approved by the Funding Board. The Funding Board or the Director, may suspend, or may terminate, the obligation to provide funding to the Sponsor under this Agreement: A. In the event of any breach by the Sponsor of any of the Sponsor's obligations under this Agreement; or B. If the Sponsor fails to make progress satisfactory to the Funding Board or Director toward completion of the Project by the completion date set out in this Agreement. In the event this Agreement is terminated by the Funding Board or Director, under this section or any other section after any portion of the grant amount has been paid to the Sponsor under this Agreement, the Funding Board or Director may require that any amount paid be repaid to the Office for redeposit into the account from which the funds were derived. April 15, 2002 - Page 13 General Provisions SECTION 41. 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 proper only in Thurston County Superior Court. The Sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington. In the cases where this agreement is between the Funding Board and a federally recognized Indian tribe, the following Governing LawNenue applies: A. The State of Washington agrees that it shall initiate any lawsuit against a federally recognized Indian tribe arising out of or relating to the performance, breach or enforcement of this agreement in Federal Court. Interpretation shall be according to the law of the State of Washington. In the event that the Federal Court determines that it lacks subject matter jurisdiction to resolve the dispute between the State and Tribal Party, then the parties agree to venue in Thurston County Superior Court, but the parties agree that the matter shall not be pursued in superior court unless there is a Federal Court determination that it lacks subject matter jurisdiction. B. Any judicial award, determination, order, decree or other relief, whether in law or equity or otherwise, resulting from the action shall be binding and enforceable upon the parties. Any money judgment or award against the Tribe, tribal officers and members, or the State of Washington and its officers and employees may not exceed the amount provided for in Section F- Project Funding of the Agreement. C. The Tribe hereby waives its sovereign immunity as necessary to give effect to this section, and the State of Washington has waived its immunity to suit in state court. These waivers are only for the benefit of the Tribe and State and shall not be enforceable by any third party or by any assignee or delegate of the parties. In any enforcement action, the parties shall bear their own enforcement costs, including attorneys' fees. SECTION 42. 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.