2013/09/04 Council Agenda Packet

r WASHINGTON STATE 3 f Recreation and Conservation Office Standard Terms and Conditions of the Project Agreement Project Sponsor: Everett Parks& Recreation Department Project Number:12-1085D Project Title: Senator Henry M.Jackson Park Renovation Approval Date:7/1/2013 SECTION 1. CITATIONS,HEADINGS AND DEFINITIONS A. Any citations referencing specific documents refer to the current version at the date of project Agreement and/or any revisions in the future. B. Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of this Agreement. C. Definitions.As used throughout this Agreement,the following terms shall have the meaning set forth below: acquisition-The purchase of fee or less than fee interests in real property.-These interests include,but are not limited to, conservation easements,access/trail easements,covenants,water rights,leases,and mineral rights. Agreement-The accord accepted by all parties to the present transaction;this Agreement,any supplemental Agreements,any amendments to this Agreement and any intergovernmental Agreements. 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 documents and other materials that an applicant submits to the RCO to support the applicant's request for grant funds;this includes materials required for the"Application"in the RCO's automated project information system,and other documents as noted on the application checklist including but not limited to legal opinions,maps,plans,evaluation presentations and scripts. 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,including but not limited to vehicles,computers or machinery. cognizant or oversight agency-Federal agency responsible for ensuring compliance with federal audit requirements. contractor-Shall mean one not in the employment of the sponsor who is performing all or part of the eligible activities for this project under a separate Agreement with the sponsor.The term"contractor"and"contractors"means contractor(s)in any tier. development-The construction of or work resulting in new elements,including but not limited to structures,facilities,and/or materials to enhance outdoor recreation,salmon recovery or habitat conservation resources. director-The chief executive officer of the Recreation and Conservation Office or that person's designee. elements,items and worktypes-Components of the funded project as provided in the project description. funding board-The board that authorized the funds in this Agreement,either the Recreation and Conservation Funding Board (RCFB)created under chapter 79A.25.110 RCW,or the Salmon Recovery Funding Board(SRFB)created under chapter 77.85.110 RCW. grantee-The organizational entity or individual to which a grant(or cooperative agreement)is awarded and signatory to the Agreement which is responsible and accountable both for the use of the funds provided and for the performance of the grant-supported project or activities. landowner agreement-A landowner agreement is required between a SRFB and/or RTP project sponsor and landowner for projects located on land not owned,or otherwise controlled,by the sponsor. lower tier participant-refers to any sponsor receiving a federal grant through RCO. Lower tier participants also refer to any grantee,subgrantee,or contractor of any grantee or subgrantee from the original sponsor funded by RCO. milestone-An important event with a defined deadline for an activity related to implementation of a funded project. period of performance-The time period specified in the Agreement,under Section D,period of performance. 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 RCO on behalf of the funding board. RCO-Recreation and Conservation Office-The state office that provides administrative support to the Recreation and Conservation Funding Board and Salmon Recovery Funding Board.RCO includes the director and staff,created by Chapters 79A.25.110 and 79A.25.150 RCW and charged with administering this Agreement by Chapters 77.85.110 and 79A25.240 RCW. reimbursement-Payment of eligible and allowable costs that have already been paid by the sponsor per the terms of the Agreement. renovation- The activities intended to improve an existing site or structure in order to increase its service life or functions.This does not include maintenance activities. restoration-Bringing a site back to its original function as part of a natural ecosystem or improving the ecological functionality of a site. RTP-Recreational Trails Program-A federal grant program administered by RCO that allows for the development and maintenance of backcountry trails. secondary sponsor-one of two or more eligible organizations that sponsors a grant-funded project.Of these two sponsors, only one-the primary sponsor-may be the fiscal agent. sponsor-The eligible applicant who has been awarded a grant of funds and is bound by this executed Agreement;includes its officers,employees,agents and successors. subgrantee-The government or other legal entity to which a subgrant is awarded and which is accountable to the grantee for the use of the funds provided. WWRP Project Agreement-RCO#12-1085D Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAC 1 4 Page 5 of 15 PROJAGR.RPT