2015/11/04 Council Agenda Packet

r J project-An undertaking that is,or may be,funded in whole or in part with funds administered by RCO on behalf of the funding board. project cost-The total allowable costs incurred under this Agreement and all required match share and voluntary committed matching share,including third-party contributions(2 C.F.R.§200.83(2013)). 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 79A.25.240 RCW. reimbursement-RCO's payment of funds from eligible and allowable costs that have already been paid by the sponsor per the terms of the Agreement. renovation project- A project intended to improve an existing site or structure in order to increase its useful service life beyond original expectations or functions.This does not include maintenance activities to maintain the facility for its originally expected useful service life. restoration project-A project that brings a site back to its historic function as part of a natural ecosystem or improves the ecological functionality of a site. RCW-Revised Code of Washington 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 or primary 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.For projects funded with federal money,the sponsor is a subrecipient,which is a non-Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program;but does not include an individual that is a beneficiary of such program.A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency(2 C.F.R.§200.93(2013)). subaward- An award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program.A subaward may be provided through any form of legal agreement,including an agreement that the pass-through entity considers a contract(2 C.F.R.§200.92(2013)).A subaward is for the purpose of carrying out a portion of a Federal award and creates a Federal assistance relationship with the subrecipient(2 C.F.R.§200.330(2013)).If this Agreement is a Federal subaward,the subaward amount is the grant program amount in Section F:Project Funding. subrecipient-Subrecipient means a non-Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program;but does not include an individual that is a beneficiary of such program.A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency(2 C.F.R.§200.93(2013)).If this Agreement is a Federal subaward,the sponsor is the subrecipient. WAC-Washington Administrative Code. SECTION 2. PERFORMANCE BY THE SPONSOR The sponsor and secondary sponsor where applicable,shall undertake the project as described in this Agreement,the sponsor's application,and in accordance with the sponsor's proposed goals and objectives described in the application or documents submitted with the application,all as finally approved by the funding board.All submitted documents are incorporated by this reference as if fully set forth herein.Also see Section 36:Order of Precedence. Timely completion of the project and submission of required documents,including progress and final reports,is important.Failure to meet critical milestones or complete the project,as set out in this Agreement,is a material breach of the Agreement. SECTION 3. ASSIGNMENT Neither this Agreement,nor any claim arising under this Agreement,shall be transferred or assigned by the sponsor without prior written consent of the RCO. SECTION 4. RESPONSIBILITY FOR PROJECT While the funding board undertakes to assist the sponsor with the project by providing a grant pursuant to this Agreement,the project itself remains the sole responsibility of the sponsor.The funding board undertakes no responsibilities to the sponsor,a secondary sponsor,or to any third party,other than as is expressly set out in this Agreement.The responsibility for the implementation of the project is solely that of the sponsor,as is the responsibility for any claim or suit of any nature by any third party related in any way to the project. When a project is sponsored by more than one entity,any and all sponsors are equally responsible for the project and all post-completion stewardship responsibilities. SECTION 5. INDEMNIFICATION The sponsor shall defend,indemnify,and hold the State and its officers and employees harmless from all claims,demands,or suits at law or equity arising in whole or in part from the actual or alleged acts,errors,omissions or negligence of,or the breach of any obligation under this Agreement by,the sponsor cr the sponsor's agents,employees,contractors,subcontractors,or vendors,of any tier,or any other persons for whom the sponsor may be legally liable. Provided that nothing herein shall require a sponsor to defend or indemnify the State against and hold harmless the State from claims,demands or suits based solely upon the negligence of the State,its employees and agents for whom the State is vicariously liable. Provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the sponsor or the sponsor's RCO 14-1274D Page 7 of 28 68