2022/11/30 Council Agenda Packet

7.1.11 Indemnification by Subrecipient's Contractors. For purposes of this Section 7.1.11 — Indemnification by Subrecipient's Contractors the term "contractor" means actors downstream of the Subrecipient whether it be a contractor, a subcontractor, or downstream subrecipient of the Subrecipient. The Subrecipient shall take all reasonable steps to cause its contractor(s) to indemnify, defend, save and hold harmless the State of Washington and its officers, employees and agents ("Indemnitee") from and against any and all claims, actions, liabilities, damages, losses, or expenses (including attorneys' fees) arising from a tort caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Subrecipient's contractor or any of the officers, agents, employees or subcontractors of the contractor ("Claims"). It is the specific intention of the Parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by the contractor from and against any and all Claims. 7.2 Responsibility of Marine Law Enforcement Program (MLE): 7.2.1 MLE shall pay Subrecipient as described in Sections 8 — Conditions to Disbursement and Section 9 — Reimbursement and Payment Terms. SECTION 8: CONDITIONS TO DISBURSEMENT 8.1 Eligible project expenses include only those items from the list below that are in your approved project budget: 8.1.1 Grant funds may be used only for activities under WAC 352-65-040, the ten elements necessary to accomplish the Recreational Boating Safety (RBS) mission. 8.1.2 RBS salaries to include time, salaries, benefits and wages for officers or deputies who possess a Washington State Peace Officers Certification, are fully commissioned to enforce the laws of Washington state and who have completed an RBS course acceptable to State Parks (BMLE or equal). 8.1.3 Time, salaries, benefits and wages for officers or deputies who possess a Washington State Peace Officers Certification, are fully commissioned to enforce the laws of Washington state, and who have not completed a BMLE course is acceptable ONLY when working with an RBS trained officer AND when the agency has a written "two -officer policy for officers on marine patrol for the purpose of officer safety. 8.1.4 Providing instructors for the Adventures in Boating course that qualifies graduates for the required mandatory boater education card. Cost may include classroom supplies, Tight refreshments, other goods, and services necessary to promote and teach classes, and officer salaries, benefits, and wages. Officer salaries will only be reimbursed for those officers who have successfully completed State Parks Adventures in Boating Instructor Training Class and are listed on our files. 8.1.5 RBS training as outlined in the Allowable Costs and Expenditures for State Vessel Registration Fees and Federal Assistance Grants (Attachment "C") 8.1.6 RBS Equipment as outlined in the Allowable Costs and Expenditures for State Vessel Registration Fees and Federal Assistance Grants (Attachment "C"). Any equipment expenditures over two thousand two hundred and fifty dollars ($2,250.00) must receive authorization from state parks prior to purchase. MLE 123-401 Subrecipient Agreement - Boating Program (FFA Grant Award) Page 6 of 35