2013/09/04 Council Agenda Packet

3 9. RCO has accepted a final boundary map,if required for the project,for which the Agreement terms will apply in the future. D. Reimbursement Request Frequency.Sponsors are encouraged to send RCO a reimbursement request at least quarterly. Sponsors are required to submit a reimbursement request to RCO,at a minimum for each project at least once a year for reimbursable activities occurring between July 1 and June 30. Sponsors must refer to the most recently published/adopted RCO policies and procedures regarding reimbursement requirements. SECTION 18. ADVANCE PAYMENTS Advance payments of or in anticipation of goods or services to be provided under this Agreement are limited to grants approved by the SRFB and must comply with SRFB policy. See WAC 420-12-060(5). SECTION 19. RECOVERY OF PAYMENTS In the event that the sponsor fails to expend funds under this Agreement in accordance with state and federal laws,and/or the provisions of the Agreement,or meet its percentage of the project total,RCO reserves the right to recover grant award funds in the amount equivalent to the extent of noncompliance in addition to any other remedies available at law or in equity. The sponsor shall reimburse RCO for any overpayment or erroneous payments made under the Agreement.Repayment by the sponsor of such funds under this recovery provision shall occur within 30 days of demand by RCO.Interest shall accrue at the rate of twelve percent(12%)per annum from the time that payment becomes due and owing. SECTION 20. COVENANT AGAINST CONTINGENT FEES The sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an Agreement or understanding for a commission,percentage,brokerage or contingent fee,excepting bona fide employees or bona fide established agents maintained by the sponsor for the purpose of securing business.RCO shall have the right,in the event of breach of this clause by the sponsor,to terminate this Agreement without liability or,in its discretion,to deduct from the Agreement grant amount or consideration or recover by other means the full amount of such commission,percentage,brokerage or contingent fee. SECTION 21. PROVISIONS APPLYING TO DEVELOPMENT,RENOVATION AND RESTORATION PROJECTS The following provisions shall be in force only if the project described in this Agreement is for development,renovation and restoration of land or facilities for outdoor recreation,habitat conservation,or salmon recovery: A. Document Review and Approval.The sponsor agrees to submit one copy of all development,renovation,restoration or construction plans and specifications to RCO for review prior to implementation.Review and approval by RCO will be for compliance with the terms of this Agreement. B. Contracts for Development,Renovation,or Restoration.Sponsors must have a procurement process that follows applicable state and/or required federal procurement principles. If no such process exists the sponsor must follow these minimum procedures: (1)publish a notice to the public requesting bids/proposals for the project(2)specify in the notice the date for submittal of bids/proposals(3)specify in the notice the general procedure and criteria for selection;and (4)comply with the same legal standards regarding unlawful discrimination based upon race,ethnicity,sex,or sex-orientation that are applicable to state agencies in selecting a bidder or proposer. This procedure creates no rights for the benefit of third parties,including any proposers,and may not be enforced or subject to review of any kind or manner by any other entity other than the RCO. Sponsors may be required to certify to the RCO that they have followed any applicable state and/or federal procedures or the above minimum procedure where state or federal procedures do not apply. c. Contract Change Order.Only change orders that impact the amount of funding or changes to the scope of the project as described to and approved by the funding board or RCO must receive prior written approval. D. Control and Tenure.The sponsor must provide documentation that shows appropriate tenure(landowner agreement,long term lease,easement,or fee simple ownership)for the land proposed for development,renovation or restoration. The documentation must meet current RCO requirements. E. Nondiscrimination.Except where a nondiscrimination clause required by a federal funding agency is used,the sponsor shall insert the following nondiscrimination clause in each contract for construction of this project: • "During the performance of this contract,the contractor agrees to comply with all federal and state nondiscrimination laws,regulations and policies." F. Use of Best Management Practices. Project sponsors are encouraged to use best management practices developed as part of the Washington State Aquatic Habitat Guidelines(AHG)Program.The best management practices are described in three documents:"Stream Habitat Restoration Guidelines:Final Draft",2004;"Design of Road Culverts for Fish Passage",2003;and "Integrated Streambank Protection Guidelines",2002.These documents and other information can be found on the AHG website. SECTION 22. 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 (including easements)for outdoor recreation,habitat conservation,salmon recovery purposes,or farmland preservation: A. Evidence of Land Value.Before disbursement of funds by RCO as provided under this Agreement,the sponsor agrees to supply documentation acceptable to RCO that the cost of the property rights acquired has been established according to funding board policy. WWRP Project Agreement-RCO#12-1085D Outdoor Recreation Account Chapter 79A.15 RCW,Chapter 286 WAC 1 9 Page 10 of 15 PROJAGR.RP T