2015/11/04 Council Agenda Packet

15 4. Title VI-LEP,Public Participation and Affirmative Compliance Obligation. a. As a recipient of EPA financial assistance,you are required by Title VI of the Civil Rights Act to provide meaningful access to LEP individuals.In implementing that requirement,the recipient agrees to use as a guide the Office of Civil Rights(OCR)document entitled"Guidance to Environmental Protection Agency Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons."The guidance can be found at http://frwebgate.access.gpo.gov/cgi-binlgetdoc.cgi?dbname=2004 reg ister&docid=fr25jn04-79.pdf b. If the recipient is administering permitting programs under this agreement,the recipient agrees to use as a guide OCR's Title VI Public Involvement Guidance for EPA Assistance Recipients Administering Environmental Permitting Programs.The Guidance can be found at http://edocket.access.qpo.gov/2006/pdf/06-2691.pdf.In accepting this assistance agreement,the recipient acknowledges it has an affirmative obligation to implement effective Title VI compliance programs and ensure that its actions do not involve discriminatory treatment and do not have discriminatory effects even when facially neutral.The recipient must be prepared to demonstrate to EPA that such compliance programs exist and are being implemented or to otherwise demonstrate how it is meeting its Title VI obligations. E. Additional Term and Condition for Agricultural Landowners-Riparian Buffer Term forAgricultural Landowners. To be eligible for NEP implementation funding,provided directly or through a subaward,a private agricultural land owner whose property borders fresh or estuarine waters must establish and maintain a riparian buffer on all water courses on the property consistent with the National Marine Fisheries Service(NMFS)guidelines for Riparian Buffers Along Agricultural Water Courses in NW Washington and NRCS guidance on the NMFS guidelines.A land owner may be excluded from meeting this requirement if the funding is used solely for removal of shoreline armoring,onsite sewage system repair or replacement,engineered dike setbacks,or culvert or tide-gate replacements that provide for fish passage at all life stages.In some cases,the NA-IFS recommendations are framed in terms of ranges of buffer widths rather than point estimates,and expressed as probabilities of achieving desired outcomes. Local conditions and local circumstances matter,and may affect the choice of the riparian buffer most effective at achieving salmon recovery.Buffer widths may be less than specified in the table in cases where there is a scientific basis for doing so and all affected tribes in the watershed agree to deviations from the NMFS guidelines or where there are physical constraints on an individual parcel(e.g.transportation corridors,structures,naturally occurring. SECTION 36. ORDER OF PRECEDENCE This Agreement is entered into,pursuant to,and under the authority granted by applicable federal and state laws.The provisions of the Agreement shall be construed to conform to those laws.In the event of an inconsistency in the terms of this Agreement,or between its terms and any applicable statute,rule,or policy or procedure,the inconsistency shall be resolved by giving precedence in the following order: A.Federal law and binding executive orders; B.Code of federal regulations; C.Terms and conditions of a grant award to the state from the federal government; D.Federal grant program policies and procedures adopted by a federal agency; E.State law; F.Washington Administrative Code; G.Project Agreement; H.Board policies and procedures. SECTION 37. AMENDMENTS Amendments to this Agreement shall be binding only if in writing and signed by personnel authorized to bind each of the parties except period of performance extensions in and minor scope adjustments need only be signed by RCO's director or designee,unless the consent of the sponsor to an extension or scope adjustment is required by its auditing policies,regulations,or legal requirements, in which case,no extension shall be effective until so consented. SECTION 33. LIMITATION OF AUTHORITY Only RCO or RCO's delegate by writing(delegation to be made prior to action)shall have the express,implied,or apparent authority to alter,amend,modify,or waive any clause or condition of this Agreement.Furthermore,any alteration,amendment,modification,or waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by RCO. SECTION 39. WAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default.Waiver or breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such in writing,signed by the director,or the director's designee,and attached to the original Agreement. SECTION 40. APPLICATION REPRESENTATIONS--MISREPRESENTATIONS OR INACCURACY OR BREACH The funding board and RCO rely on the sponsor's application in making its determinations as to eligibility for,selection for,and scope of,funding grants.Any misrepresentation,error or inaccuracy in any part of the application may be deemed a breach of this Agreement. RCO 14-1274D87 Page 26 of 23