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<br />MLE 325-178 Subrecipient Agreement - Boating Program (FFA Grant Award) Page 6 of 35 <br />agreement. In addition, the Parties may agree to utilize a jointly selected mediator or <br />arbitrator (for non-binding arbitration) to resolve the dispute short of litigation. <br />7.1.11 Indemnification by Subrecipient’s Contractors. For purposes of this Section 7.1.11 – <br />Indemnification by Subrecipient’s Contractors the term “contractor” means actors <br />downstream of the Subrecipient whether it be a contractor, a subcontractor, or <br />downstream subrecipient of the Subrecipient. The Subrecipient shall take all reasonable <br />steps to cause its contractor(s) to indemnify, defend, save and hold harmless the State of <br />Washington and its officers, employees and agents (“Indemnitee”) from and against any <br />and all claims, actions, liabilities, damages, losses, or expenses (including attorneys’ fees) <br />arising from a tort caused, or alleged to be caused, in whole or in part, by the negligent or <br />willful acts or omissions of Subrecipient’s contractor or any of the officers, agents, <br />employees or subcontractors of the contractor (“Claims”). It is the specific intention of the <br />Parties that the Indemnitee shall, in all instances, except for Claims arising solely from the <br />negligent or willful acts or omissions of the Indemnitee, be indemnified by the contractor <br />from and against any and all Claims. <br />7.2 Responsibility of Marine Law Enforcement Program (MLE): <br />7.2.1 MLE shall pay Subrecipient as described in Sections 8 – Conditions to Disbursement and <br />Section 9 – Reimbursement and Payment Terms. <br />SECTION 8: CONDITIONS TO DISBURSEMENT <br />8.1 Eligible project expenses include only those items from the list below that are in <br />your approved project budget: <br />8.1.1 Grant funds may be used only for activities under WAC 352-65-040, the ten elements <br />necessary to accomplish the Recreational Boating Safety (RBS) mission. <br />8.1.2 RBS salaries to include time, salaries, benefits and wages for officers or deputies who <br />possess a Washington State Peace Officers Certification, are fully commissioned to <br />enforce the laws of Washington state and who have completed an RBS course acceptable <br />to State Parks (BMLE or equal). <br />8.1.3 Time, salaries, benefits and wages for officers or deputies who possess a Washington <br />State Peace Officers Certification, are fully commissioned to enforce the laws of <br />Washington state, and who have not completed a BMLE course is acceptable ONLY <br />when working with an RBS trained officer AND when the agency has a written “two-officer <br />policy for officers on marine patrol for the purpose of officer safety. <br />8.1.4 Providing instructors for the Adventures in Boating course that qualifies graduates for the <br />required mandatory boater education card. Cost may include classroom supplies, light <br />refreshments, other goods, and services necessary to promote and teach classes, and <br />officer salaries, benefits, and wages. Officer salaries will only be reimbursed for those <br />officers who have successfully completed State Parks Adventures in Boating Instructor <br />Training Class and are listed on our files. <br />8.1.5 RBS training as outlined in the Allowable Costs and Expenditures for State Vessel <br />Registration Fees and Federal Assistance Grants (Attachment “B”)