2019/08/21 Council Agenda Packet

STANDARD TERMS AND CONDITIONS EFFECTIVE DATE This agreement reflects Standard Terms and Conditions as of 07/02/2019. CITATIONS, HEADINGS AND DEFINITIONS A. Any citations referencing specific documents refer to the current version on the effective date of this Agreement or the effective date of any amendment thereto. B. Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of this Agreement C. Definitions.As used throughout this Agreement,the following terms shall have the meaning set forth below: Agreement or project agreement—The document entitled"Recreation and Conservation Office Agreement" accepted by all parties to the present project and transaction, including without limitation the Standard Terms and Conditions of the Recreation and Conservation Office Agreement, all attachments,addendums,and amendments, and any intergovernmental agreements or other documents that are incorporated into the Agreement subject to any limitations on their effect. applicable manual(s)—A manual designated in this Agreement to apply as terms of this Agreement,subject to substitution of the"RCO director"for instances where the term"board"occurs. applicable WAC(s)—Designated chapters or provisions of the Washington Administrative Code that are deemed under this Agreement to apply as terms of the Agreement,subject to substitution of the"RCO director'for instances where the term"board"occurs. applicant—Any party that meets the qualifying standards, including deadlines,for submission of an application soliciting a grant of funds administered by RCO. application—The documents and other materials that an applicant submits to the RCO to support the applicant's request for grant funds;this includes materials required for the"Application"in the RCO's automated project information system,and other documents as noted on the application checklist including but not limited to legal opinions, maps,plans,evaluation presentations and scripts. Authorized Representative/Agent—A Sponsor's agent(employee,political appointee, elected person,etc.) authorized to be the signatory of this Agreement and any amendments requiring a Sponsor signature.This person has the signature authority to bind the Sponsor to this Agreement,grant, and project. C.F.R.—Code of Federal Regulations contractor—An entity that receives a contract from a Sponsor related to performance of work or another obligation under this Agreement conversion—A conversion occurs 1)when facilities acquired,developed,renovated or restored within the project area are changed to a use other than that for which funds were approved,without obtaining prior written formai RCO or board approval,2)when property interests are conveyed to a third party not otherwise eligible to receive grants in the program from which funding was approved without obtaining prior written formal RCO or board approval,or 3) when obligations to operate and maintain the funded property are not complied with after reasonable opportunity to cure. development project—A project that results in the construction of, or work resulting in, new elements,including but not limited to structures,facilities,and/or materials to enhance outdoor recreation resources. director—The chief executive officer of the Recreation and Conservation Office or that person's designee. effective date—The date when the signatures of all parties to this agreement are present in the agreement equipment—Tangible personal property(including information technology systems)having a useful service life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the Sponsor or$5,000(2 C.F.R.§200.33(2013)). funding board or board—The Washington State Recreation and Conservation Funding Board, or the Washington State Salmon Recovery Funding Board.Or both as may apply. Funding Entity—the entity that approves the project that is the subject to this Agreement RCO: 18-1975 Revision AA:: 1/1/2019 Page 7 of 19