HomeMy WebLinkAbout0363 - WA Office of Interagency Committee - Agreement - YAF Grant 4-Plex IrrigationPARTIES OF THE AGREEMENT
This Project Grant Agreement (Agreement)is entered into between the Interagency Committee for Outdoor Recreation
(lAC), P.O. Box 40917, Olympia,Washington 98504-0917 and Marysville Parks &Recreation,6915 Armar Rd,
Marysville, WA 98270 (Sponsor)and shall be binding upon the agents and all persons acting by or through the
parties.
I
I
I
roject Sponsor:
I
/roject Title:
!fI A.
YAF Project Agreement
Youth Athletic Facility Grant Account
Marysville Parks &Recreation
Marysville Athletic 4-Plex Irrigation
Project Number:
Approval Date:
03-12310
4/2/2004
B.PURPOSE OF AGREEMENT
This Agreement sets out the terms and conditions by which a grant is made from the Youth Athletic Facility Grant
Account of the State of Washington's General Fund. The grant is administered by the lAC 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 must insure that the facility developed,improved,and/or maintained through the Youth Athletic
.Facilities Account funding identified in the Project Agreement is made available for public youth and/or community
athletics for a minimum of twenty (20) years from the date of project completion.
E.PERIOD OF PERFORMANCE
The Project reimbursement period shall begin on August 25, 2004 and end on December 31,2004.No expenditure
made before or after this period is eligible for reimbursement unless incorporated by written amendment into this
,l\greement.
F.PROJECT FUNDING
The total grant award provided bythe lAC for this project shall not exceed $25,000.00.The lAC 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:
lAC,YAF -Maintaining
Project Sponsor
Total Project Cost
Percentage
46.30%
53.70%
100.00%
Dollar Amount
$25,000.00
$29,000.00
$54,000.00
G.RIGHTS AND OBLIGA TlONS
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, Eligibie 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 lAC's Director..
The Sponsor has read, fully understands and agrees to be bound by all terms and conditions as set forth in these
documents.
YAF Project Aqreement
Chapter 79A.25 RCW,Chapter 286 WAC
PROJAGR1.RPT
Youth Athletic Facility Grant Account
Page 1 012
Project Contact
Name: Jim Ballew
Titie:Director
Address:6915 Armar Rd
Marysvilie,WA 98270
H.COMPLIANCE WITH APPLICABLE $TUTES,RULES.AND lAC POLICIES
This Agreementis governedby, andthe sponsor shall complywith, all applicablestate ana federal lawsand
regulations,including Chapter79A.25RCW, Chapter286 WAC and publlshed agency policies,which are incorporated
herein by this referenceas if fully set forth.
I.ADDITIONAL PROVISIONS OR MODIFICATIONS OF THE GENERAL PROVISIONS
The Project Sponsor must ensure that the facility acquired,developed,improved,and/or maintained through
the Youth Athletic Facilities Account funding identified in this Project Agreement is made available for public
youth and/or community athletics for a minimum of twenty (20)years from the date of project completion.
Project Completion begins at lACs issuance of final reimbursement.
lAC wili not reimburse the city for any costs associated with the project until the city has provide lAC a copy
of an interlocal agreement for the project site that is in effect for at least 20 years..
J.FEDERAL FUND INFORMATION
(none)
K.PROJECT GRANT AGREEMENT REPRESENTATlVE
All written communicationssent to the Sponsorunderthis Agreement will be addressedand delivered to:
lAC
Interagency Committee for Outdoor Recreation
NaturalResources Building
PO Box40917
Olympia,Washington 98504-0917
www.iac.wa.gov/iac/
Theseaddresses shall be effectiveuntil receipt byone partyfrom the otherof a written notice of any change.
L ENTIRE AGREEMENT
This agreement,along with all attachments,constitutesthe entire agreementof the parties. No other understandings,oral or
otherwise,regarding this Agreement shall existor bind any of the parties.
M.EFFECTIVE DATE
This agreement,for project #03-12310,shall be effective upon signing by all parties.
STATE OF WASHINGTON
INTERAGENCYCOMMITTEEFOROUTDOOR RECREATION
BY:lOA"o C:'~
Laura Eckert Johnson,Director
PRO~:~Tn;::;(K~
TITLE:mttyor
Pre-approved as to form:
BY:lSI
Assistant Attorney General
YAF ProiectAoreement
Chapter79A.25RCW, Chapter286WAC
PROJAGR2.RPT
DATE:_-":'-I-_......L._-'-__-'
DATE:_--''-'----'-'--I-_
Youth Athletic FacilityGrantAccount
Pace 2 012
~•[n'"ogmry
Committee fOr
UUTDOOR
'l%'RECRERTION
Youth Athie',Facilities
Maintainina Cateaorv
Post-Evaluation Project Summary
TITLE:Marysville Athletic 4-Plex lrriqation NUMBER:
STATUS:
03-12310
Board Funded
(Development)
SPONSOR:Marysville Parks &Recreation EVALUATION SCORE:
BOARD RANKING:
41.8750
12 of 33
COSTS:
YAF -Maintainfnq
Local
Total
$25,000
$29,000
$54,000
SPONSOR MATCH:
46%Appropriation \ Cash
54%Force Acct -Equipment
Force Acct -Labor
Force Acct -Materials
100%
DESCRIPTION:
This project in snonomtsh County seeks to greatly improve field conditions,improve field safety,expand the number
of teams using the fields, and to allow for tournament field use.The City of Marysville in partnership with the
Marysville School.District desires to install a manual irrigation system for the existing high school softball/soccer
four-plex.The current field conditions are considered a safety concern.and drastically reduce the number of teams
that can use the field.These fields are used for soccer as well as for softball.The teams that use the fields include
both the high school JV and Varsity teams as well as the city's youth soccer and baseball teams.
The installation of an irrigation system will ensure optimum field conditions and will also permit the use of the fields
for tournament use. This will expand the quality of the Marysville youth program and will give them the opportunity to
compete on a higher level.Currently,Marysville youth must travel for this type of opportunity which limits the number
of individuals that are able to participate.
By installing the system,more teams will be able to participate in the Marysville program,opening more opportunity
for disadvantaged and disabled youth. The amount of teams able to use the fields and the number of games able to
be played on the fields are restricted due to the condition of the fields. An irrigation system will enable games to be
played earlier in the season and extend later in the season.
LOCATION INFORMATION:
Located east of 1-5and just north of Marysville in Snohomish County.
YAFGROUP:
COUNTY:
Statewide
Snohomish
SCOPE (ELEMENTS):
Architectural &Enqineerinq
Athletic Fields
Landscapinq
Sales Tax
Utilities
FISCAL YEAR:2004 DATE PRINTED:Auoust 25,2004
1PAPSUM2.RPT Marvsville Athletic 4-Plex lrrtaatlon
~,.I"""g>'nry
Commtttufor
OumOOR
?%'RECRERTIOM
-Eligible Reimbursement Activities Report
Project Sponsor:
Project Title:
Marysville Parks &Recreation
Marysville Athletic 4-Plex Irrigation
Project Number:03-1231 D
lAC Approval:4/2/2004
Architectural &Engineering
Athletic Fields
Development Items:
Items
Landscaping
Landscaping
Landscaping
Sales Tax
Utilities
ELiGREIM.RPT
Elements
A &E development
Irrigation - manual for turf/playfield
Drainage system
Grass - hydro seed
Top soil/mulch
Sales Tax
Water syslem(s)lwells
,August 25, 2004
Unit
Lump Sum
Acres
Lumpsum
Acres
Yds
Lump Sum
Lumpsum
Quantity
1.00
8.00
1.00
14.00
60.00
1.00
1.00
Description
Installation of water lines,
connections & water
cannons
Hookup into existing
catch basins
Seeding of field following
system installation
Soil amendments and fill
Installation of water meter
and water connection
Page:
Project Number:
Project Name:
Sponsor:
!AC Project Manager:
Milestone Report By Project
03-1231 D
Marysville Athletic 4-Plex Irrigation
Marysville Parks & Recreation
Scott Chapman
--x-!Milestone Target Date Comments/Description
Project Start 08/25/2004 .
!A&E CompletelPermits Submitted 09/01/2004
Plans & Specs Reviewed by lAC
.
09/15/2004
Bid Awarded 10/01/2004
!Construction Started 10/01/2004
I Special Conditions Met 12/01/2004
Sponsor Proposed Complete Date 12/01/2004
!Project Complete 12/31/2004
Final Docs & Billing to lAC 03/01/2005
x =Milestone Complete
!=Critical Milestone
1MILESTO.RPT August 25, 2004 Page:1
Press Release Template
Marysville Parks &Recreation offered grant to enhance community athletic
facilities.
(Marysville)-Marysville Parks &Recreation was awarded a grant of $25,000 from the Youth Athletic
Facilities Program,YAF Maintaining category.The grant was awarded by the Interagency Committee for
Outdoor Recreation (lAC),and will be used for the following:
This project in Snohomish County seeks to greatly improve field conditions,improve field
safety,expand the number of teams using the fields, and to allow for tournament field use.
The City of Marysville in partnership with the Marysville School District desires to install a
manual irrigation system for the existing high school softball/soccer four-plex.The current
field conditions are considered a safety concern and drastically reduce the number of
teams that can use the field.These fields are used for soccer as well as for softball.The
teams that use the fields include both the high school JV and Varsity tearns as well as the
city's youth soccer and baseball teams.
The installation of an irrigation system will ensure optimum field conditions and will also
permit the use of the fields for tournament use. This.will expand the quality of the
Marysville youth program and will give them the opportunity to compete on a higher level.
Currently,Marysville youth must travel for this type of opportunity which limits the number
of individuals that are able to participate.
By installing the system,more teams will be able to participate In the Marysville program,
OPening more opportunity for disadvantaged and disabled youth. The amount of teams
able to use the fields and the number of games able to be played on the fields are
restricted due to the condition of the fields.An irrigation system will enable games to be
played earlier in the season and extend later in the season.
There were thirty-three applications submitted for consideration in the Youth Athletic Facilities Program,
YAF Maintaining category.Each project went through an evaluation process prior to being
recommended for funding.The lAC Board approved funding for projects on Friday, April 2, 2004.
Funding for the Youth Athletic Facilities Program,YAF Maintaining category comes from a $10 million
donation made in 1998 by the Seattle Seahawks "team affiliate"and interest derived from that donation.
Referendum 48 (the Stadium Act)authorized creation of the YAF program,which provides funding for
community athletic facilities.Marysville Parks &Recreation will leverage local contributions totaling
$29,000 with grant monies to implement the project.Total estimated project cost is $54,000.lAC is the
state's administrator of the grant program.
Contact:Jim Ballew,(360)651-5085 (sponsor project manager)
Scott Chapman,(360)902-3017,scottc@iac.wa.gov(IAC project manager)
.:'1;'
General Provisions
Table of Contents Page
Provisions Related to Non-Profit or Not-For-Profit Sponsors 10
Liability Insurance Requirements for Firearm Range Sponsors 10
Requirements of the National Park Service 10
i
A.Heading and Definitions
Section 1. Headings and Definitions ,1
B.Performance and Requirements (General Responsibilities)
Section 2. Performance by Sponsor...........•....•..................................-.;2
Section 3. Assignment ,.2
Section 4. Responsibilityfor Project 2
Section 5. Indemnification ,2
Section 6. Independent Capacity of the Sponsor 2
Section 7. Conflict of Interes!...,;2
Section 8. Acknowledgment and Signs ~3
C.Compliance with Laws,Records,and Inspections
Section 9. Compliancewith 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 Development1Restoration
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.
Section 30.
Section 31.
April 15,2002 -Page1
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 reai property.
Aqreement -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 bythe Office.
Asset -Equipment purchased by the Sponsor or acquired or transferred to the Sponsor for the
.purpose of this Agreement.This definition is restricied 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 orthe Director's designee.
Funding Board -As identified in pap3gn,Iph A in the Agreement as either the (1)Interagency
Committee for Outdoor Recreation (lAc:)-TfJ.e committee created under Chapter 79A.25.11 0 RCW
includes eight members.Three are agency heads: the Commissioner of Public Lands, the Director
of Parks and Recreation, and t~e Diresto!of fish and Wildlife (or their designees).Five, by
appointment ofthe Governor With the advice and consent of the Senate,are members of the public
at large who have demonstrated interest jn and a general knowledge of outdoor recreation in the
state;(2)Salmon Recovery Funding l30ard (SRFB) - The Board created under Chapter 77.85.110
RCW,is comprised of fIVe govemj)r-appointe<;l.voting members (one a cabinet-level appointment)
I and five non-voting state officialS: the CommiSsioner of Public Lands,the Secretary of .
Transportation,the Director of the Conservation Cpmmission,the Dlrectorof Fish and Wildlife,and
the Director of Ecology (or their designee!5);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 lAC, SRFB, and
H~RG.The Office includes the Director and personnel,created by Chapters 79A.25.11 0 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 daie(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 Summarv - One of the documents used to summarize and describe the actions
uniaken in the Agreement.
Proiect - 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 FLJnding 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 -Page3
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
entitied 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 8. 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
nongovemmental 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 AdministrationlWashington 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 Disabilnies 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 Iiabiiity 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- Page5
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
il)eligible. 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.PROJECT FUNDING
A.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 toexclude 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 c;>f 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 corisidered "complete" when:
1. all approved or required activities outlined in the Agreement are complete;
z.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 expenditiJres through
June 3D, 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- Page7
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 acqulslnon 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.tht;1 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 andlor 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- Page9
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 publlo 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...
SECTION 27.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)fumlshed;
(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 79A.252.210 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
a1'ter the reimbursement period cited in the Agreement,unless precluded by statelaw,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 ofoperation,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 th'ereis 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.
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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 applicabie 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 induding 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 Whichare 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 - Page13
General Provisions
SECTION 41. GOVERNING LAWNENUE
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.-
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