2022/11/30 Council Agenda Packet

7.1.5 Commercial and Other Uses. a. For purposes of this Section 7 — Responsibilities of Each Party, Commercial Use means any activity on or affecting the Project that was not described in the Subrecipient's proposal, or not approved in writing by MLE, where the Subrecipient: 1. has financial profit as a goal, 2. charges any fees or receives any benefit to provide services, supplies or goods, or 3. allows third parties to charge any fees or receive any benefit to provide services, supplies or goods. b. Subrecipient must restrict use of the Project funds to only recreational boats boating safety enforcement and education. 7.1.6 Publications & Advertising. The Subrecipient shall include the following statement if publishing any report, news release or publication regarding this project: `Partial funding was through the Washington State Parks and Recreation Commission Marine Law Enforcement Program, and in cooperation with U.S. Recreational Boating Safety Act." 7.1.7 Project Sign. The Subrecipient may post in a conspicuous location on the vessel, a sign identifying WSPRC, may, Federal Agency's and specific federal grant program's participation in the Project. The Subrecipient shall include the following statement if publishing any report, news release or publication regarding this project: "Partial funding for this project was provided by the Washington State Parks Marine Law Enforcement Program. This program is funded by the U.S. C.G. through the Sport Fish Restoration and Boating Trust Fund, which is financed by your purchase of motorboat fuels and fishing equipment." 7.1.8 Public Access to Project. During the term of this Agreement the Subrecipient shall allow open and unencumbered public access to the Project to all persons without regard to race, color, religious or political beliefs, sex, national origin, or place of primary residence. 7.1.9 Payments. Subrecipient agrees to: a. b. Make payment promptly as due to all contractors, subcontractors, vendors, or any other persons supplying labor or materials for the Project; All employers, including Subrecipient that employ subject workers shall provide workers' compensation insurance coverage for those workers, unless they meet the requirement for exemption. Subrecipient shall require and ensure that each of its subcontractors complies with these requirements (unless inapplicable as a matter of federal law); and c. Not permit any lien or claim to be filed or prosecuted against WSPRC, due to any construction or maintenance activities at the Project. 7.1.10 Alternative Dispute Resolution. The Parties should attempt in good faith to resolve any dispute arising out of this agreement. This may be done at any management level, including at a level higher than persons directly responsible for administration of the agreement. In addition, the Parties may agree to utilize a jointly selected mediator or arbitrator (for non- binding arbitration) to resolve the dispute short of litigation. MLE 123-401 Subrecipient Agreement - Boating Program (FFA Grant Award) Page 5 of 35