2015/11/04 Council Agenda Packet

5 C. Ceremonies.The sponsor shall notify RCO no later than two weeks before a dedication ceremony for this project.The sponsor shall verbally acknowledge the applicable grant program's funding contribution at all dedication ceremonies. D. Federally Funded Projects.When issuing statements,press releases,requests for proposals,bid solicitations,and other documents describing a project funded in whole or in part with federal money provided for in this grant,sponsors shall clearly state: 1. The fund source; 2. The percentage of the total costs of the project that is financed with federal money; 3. The dollar amount of federal funds for the project;and 4. The percentage and dollar amount of the total costs of the project that is financed by nongovernmental sources. SECTION 22. PROVISIONS APPLYING TO DEVELOPMENT,MAINTENANCE,RENOVATION AND RESTORATION PROJECTS The following provisions shall be in force only if the project described in this Agreement is for construction of land or facilities in a development,maintenance,renovation or restoration project: A. Document Review and Approval.The sponsor agrees to submit one copy of all construction plans and specifications to RCO for review prior to implementation or as otherwise identified in the milestones.Review and approval by RCO will be for compliance with the terms of this Agreement.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. B. 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 construction.The documentation must meet current RCO requirements identified in the appropriate grant program policy manual as of the effective date of this Agreement. C. 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." D. Use of Best Management Practices.Sponsors are encouraged to use best management practices developed as part of the Washington State Aquatic Habitat Guidelines(AHG)Program.AHG documents include"Integrated Streambank Protection Guidelines",2002;"Protecting Nearshore Habitat and Functions in Puget Sound",2010;"Stream Habitat Restoration Guidelines", 2012;"Water Crossing Design Guidelines",2013;and"Marine Shoreline Design Guidelines",2014.These documents,along with new and updated guidance documents,and other information are available on the AHG Web site.Sponsors are also encouraged to use best management practices developed by the Washington Invasive Species Council(WISC)described in"Reducing Accidental Introductions of Invasive Species"which is available on the WISC Web site. SECTION 23. PROVISIONS APPLYING TO ACQUISITION PROJECTS The following provisions shall be in force only if the project described in this Agreement is an acquisition project: 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. B. Evidence of Title.The sponsor agrees to provide documentation that shows the type of ownership interest for the property that has been acquired.This shall be done before any payment of financial assistance. C. Legal Description of Real Property Rights Acquired.The legal description of the real property rights purchased with funding assistance provided through this project Agreement(and protected by a recorded conveyance of rights to the State of Washington)shall be incorporated into the Agreement before final payment. D. Conveyance of Rights to the State of Washington.When real property rights(both fee simple and lesser interests)are acquired, the sponsor agrees to execute an appropriate document conveying certain rights and responsibilities to RCO,on behalf of the State of Washington.These documents include a Deed of Right,Assignment of Rights,Easements and/or Leases as described below.The sponsor agrees to use document language provided by RCO,to record the executed document in the County where the real property lies,and to provide a copy of the recorded document to RCO.The document required will vary depending on the project type,the real property rights being acquired and whether or not those rights are being acquired in perpetuity. 1. Deed of Right.The Deed of Right conveys to the people of the state of Washington the right to preserve,protect,and/or use the property for public purposes consistent with the fund source.See WAC 420-12 or 286-13.Sponsors shall use this document when acquiring real property rights that include the underlying land.This document may also be applicable for those easements where the sponsor has acquired a perpetual easement for public purposes. 2. Assignment of Rights.The Assignment of Rights document transfers certain rights such as access and enforcement to RCO.Sponsors shall use this document when an easement or lease is being acquired for habitat conservation or salmon recovery purposes.The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by reference in the easement document. 3. Easements and Leases.The sponsor may incorporate required language from the Deed of Right orAssignment of Rights directly into the easement or lease document,thereby eliminating the requirement for a separate document.Language will depend on the situation;sponsor must obtain RCO approval on the draft language prior to executing the easement or lease. RCO 14-1274D7 4 Page 13 of 28