HomeMy WebLinkAboutKittitas County Fair Contract K2208 060117 signedSTATE OF WASHINGTON
DEPARTMENT OF AGRICULTURE
FAIRS PROGRAM
AGREEMENT
Agreement Number: K2208
ORIGINAL
This Agreement is entered into by and between the Kittitas County, a political subdivision within
the State of Washington, (hereinafter referred to as the Contractor) and the Washington State
Department of Agriculture (hereinafter referred to as the Department).
RECITALS:
1. The Department has the statutory authority to administer the Fairs Program under chapter
15.76 RCW, the Agricultural Fairs, Youth Shows, Exhibitions Act; and
2. The Department is also given the responsibility to administer funds for capital projects for
those entities qualifying under RCW 15.76.165; and
3 . The Washington State Legislature established a one-time appropriation for the 2015-2017
biennium to make grants for capital projects that make health or safety improvements to
agricultural fair grounds or fair facilities in order to benefits participants and the fair-going
public; and
4. The enabling statute also provides that local governments and nonprofit organizations may
apply to the director for grants of capital funding available on a competitive basis (RCW
15.76.165).
NOW, THEREFORE, the parties hereto agree as follows:
1. FUNDING
The funds to be paid to the CONTRACTOR hereunder shall be a sum up to, but not to exceed
two thousand five hundred dollars ($2,500.00).
2. STATEMENT OF WORK
a) Funds awarded under this performance-based Agreement shall be used solely for a capital
improvement project for concrete and asphalt paving and repair at the Contractor's fair
facility located at 901 East yth Avenue, Ellensburg, WA 98926.
b) The Contractor agrees to complete the project as described in the Application for Capital
Improvement Grant and to invoice the Department an amount not to exceed two thousand
five hundred dollars ($2,500.00).
c) The Contractor shall perform in accordance with the terms and conditions of this Agreement
and the following exhibit; which, by this reference, is made a part of this Agreement:
EXHIBIT A -Application for Capital Improvement Grant Funds on behalf of the Contractor
d) All applicants who receive grant funds must follow applicable procurement procedures.
3. SPECIAL CONDITION(S)
Page 1 of 7
",greement Number: K2208
JI l "' ' .o 0r i ~g . ttl lP ~n ' a -of·this contract and for a period of three (3) years following termination of the
• I~gr'ee me ~ the Contractor agrees in consideration for the funding received under this
Agreement to provide one or more of the following Community Benefits:
a) To use the project/capital facility in public interest in the course of holding an agricultural fair
as defined by RCW 15.76.110.
b) To charge reasonable standard admission fees for general public admission to the
agricultural fair, if applicable, and to the extent possible, provide discount or free admission
to special populations such as military families, foster families, student groups, seniors,
babies, and toddlers.
c) Provide for access to the fair and its exhibits and programs to persons of differing abilities .
d) Where possible, making the fairground or fair facility available for rental at reasonable or
discounted cost for educational or public programs benefitting the public interest.
e) Provide space for charity and other nonprofit community organizations to conduct
fundraising and/or educational activities.
f) Support other local groups and programs with similar interests in promoting the welfare of
farm people and rural living including the exhibition of livestock and agricultural produce of
all kinds, and exhibition of related arts and manufactures including products of the farm
home, and exhibition of educational contests, displays and demonstrations designed to
train youth.
4. CONTRACT PERIOD
a) The effective date of this Agreement shall be the date of the last signature of the
contracting parties.
b) Unless terminated earlier pursuant to provisions of this contract, the termination date shall
be June 30,2017.
5. PAYMENT AND DOCUMENTATION OF MATCHING FUNDS OR IN-KIND
Upon completion of the capital improvement project, the Contractor shall provide
documentation up to and including receipts to the Department which detail up to the amount to
be paid for the project outlined in Exhibit A in the amount stated in this Agreement, including
documentation of the non-state matching requirements, if non-state matching was a part of the
budget for the improvement outlined in Exhibit A. The Contractor shall provide a letter or
evidence of completion of any work performed with all invoices submitted which document
satisfactory performance of the Agreement. Before and after photos of the project are
encouraged. The Department will not pay invoices not accompanied by such documentation.
All documentation for final payment must be received no later than July 31, 2017 or the
Contractor will not be paid for the project discussed herein. Payment will not be
provided for any work conducted or purchases made after June 30,2017.
Instead of one invoice, the Contractor may submit invoices, documentation of satisfactory
performance and proper receipts of expenses on a more frequent basis provided it is not more
than once a month.
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Agreement Number: K2208
6. DISALLOWED COSTS
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its Subcontractors.
7 . EVALUATION, REPORTING , AND MONITORING
a) The Contractor shall submit documentation to the Department when the project is
completed and confirming that the terms and conditions of this Agreement have been met
including a report of compliance with the Community Benefit provisions of Section 3.
b) The Contractor shall cooperate with and freely participate in any monitoring or evaluation
activities conducted by the Department that are pertinent to the intent of this Agreement,
including an on-site inspection of the capital improvement project after its completion and
prior to June 30, 2017 .
c) The Department or the State Auditor and any of their representatives shall have full access
to and the right to examine during normal business hours and as often as the Department
or the State Auditor may deem necessary, all the Contractor's records with respect to the
matters covered in this Agreement. Such representatives shall be permitted to audit ,
examine , and make excerpts or transcripts from such records and to make audits of all
contracts, invoices, materials, payrolls, and records of matters covered by this Agreement.
The contractors shall retain records for a period of six (6) years following completion of the
project.
8. NONDISCRIMINATION PROVISION
a) During the performance of this Agreement, the Contractor shall abide by all applicable
federal and state nondiscrimination laws and regulations, including , but not limited to
chapter 49.60 RCW, Washington 's law against discrimination, and 42 U.S .C . 12101 et.
seq ., the Americans with Disabilities Act (ADA).
b) In the event of the Contractor's noncompliance or refusal to comply with any
nondiscrimination law, regulation, or policy, this Agreement may be rescinded , canceled, or
terminated in whole or in part, and the Contractor may be declared ineligible under this
Agreement. If that be deemed the situation, the Contractor will not receive reimbursement
for the capital project outlined in Exhibit A in the amount identified in this Agreement. The
Contractor shall , however, be given a reasonable time in which to remedy any such
noncompliance . Any dispute may be resolved in accordance with the "Disputes" procedure
set for forth in Section 21 of this Agreement.
9. CONTRACT MODIFICATIONS
The Department and the Contractor may, from time to time , desire to make changes to this
Agreement. Any such changes that are mutually agreed upon by the Department and the
Contractor shall be incorporated herein by written amendment. It is mutually agreed and
understood that no alteration or variation of the terms of this contract shall be valid unless
made in writing and signed by the parties hereto prior to implementation of the changes, and
that any oral understanding or agreements not incorporated herein shall not be binding .
10. TERMINATION OF AGREEMENT
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I-\greement Number: K2208
a) If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its
obligations under this Agreement or if the Contractor shall violate any of its covenants,
agreements or stipulations of this Agreement, the Department shall thereupon have the
right to terminate this Agreement and deny reimbursement of special assistance funds to
the Contractor if such default or violation is not corrected within twenty (20) days after the
Department's submitting written notice to the Contractor describing such default or violation;
Provided, that if more than twenty (20) days are required to correct any such default or
violation and the Contractor has initiated appropriate corrective measures as reasonable
determined by the Department, the Department will not terminate this Agreement for such
default or violation.
b) In the event the Contractor is unable to complete the capital project prior to June 30, 2017,
in accordance with the terms and conditions as outlined in this Agreement, the Contractor
will not receive reimbursement for the capital project outlined in Exhibit A in the amount
stated in this Agreement.
c) The Department has the right to terminate the Agreement by giving written notice to the
Contractor at least ten (10) days before the effective date of termination. If this Agreement
is so terminated, the Department is liable only for payments required under the terms of this
Agreement for work completed prior to termination.
11. WAIVER
The Department's failure to insist upon the strict performance of any provision of this
Agreement or to exercise any right based upon a breach thereof or the acceptance of any
performance during such breach, shall not constitute a waiver of any right under this
Agreement.
12. HOLD HARMLESS
a) It is understood and agreed that this Agreement is solely for the benefit of the parties hereto
and gives no right to any other party. No joint venture or partnership is formed as a result
of this Agreement. Each party hereto agrees to be responsible and assume liability for its
own negligent acts or omissions, or those of its officers, agents, or employees to the fullest
extent required by law. In the case of negligence of more than one party, any damages
allowed shall be levied in proportion to the percentage of negligence attributable to each
party, and each party shall have the right to seek contribution from the other party in
proportion to the percentage of negligence attributable to the other party.
b) This indemnification clause shall also apply to any and all causes of action arising out of the
performance of work activities under this Agreement. Each contract for services or
activities utilizing funds provided in whole or in part by this Agreement shall include a
provision that the Department and the State of Washington are not liable for damages or
claims from damages arising from any subcontractor's performance or activities under the
terms of the contracts.
13. RECAPTURE PROVISION
In the event that the Contractor fails to expend state funds in accordance with state law and/or
the provisions of this Agreement, the Department reserves the right to recapture state funds in
an amount equivalent to the principal amount of the grant plus interest calculated at the rate of
Page 4 of 7
Agreement Number: K2208
interest on State of Washington general obligation bonds issued most closely to the date of
authorization of the grant. Such right of recapture shall exist for a period not to exceed three
(3) years following termination of the Agreement. Repayment by the Contractor of state funds
under this recapture provision shall occur within thirty (30) days of demand . In the event that
the Department is required to institute proceedings to enforce this recapture provision, the
Department shall be entitled to its costs thereof, including reasonable attorney's fees.
14. OWNERSHIP OF PROJECT/CAP ITAL FACILITIES
The Department makes no claim to any real property improved or constructed with funds
awarded under this Agreement and does not assert and will not require any ownership interest
in or title to the capital facilities and/or equipment constructed or purchased with state funds
under this Agreement. This provision does not extend to claims that the Department may bring
against the Contractor in recapturing funds expended in violation of this Agreement.
15. RELATIONSHIP BETWEEN THE PARTIES
The Contractor and its employees or agents performing under this Agreement are not deemed
to be employees of the Department nor agents of the Department in any manner whatsoever ,
nor will they hold themselves out as nor claim to be officers or employees of the Department or
of the State of Washington hereof and will not make any claim, demand, or application to or for
any right or privilege applicable to an officer or employee of the Department or of the State of
Washington.
16 . GOVERNING LAW AND VENUE
This Agreement shall be construed and enforced in accordance with and the validity and
performance hereof shall be governed by the laws of the State of Washington . Venue of any
suit between the parties arising out of this Agreement shall be the Superior Court of Thurston
County, Washington .
In the event of an inconsistency in the terms of this Agreement, or between its terms and any
applicable statute or rule, the inconsistency shall be resolved by giving precedence in the
following order:
a) Applicable state and federal statutes and rules;
b) The terms and conditions of this Agreement;
c) Any other provisions of the Agreement, including materials incorporated by reference.
17 . SEVERABILITY
In the event any term or condition of this Agreement or application thereof to any person or
circumstances is held invalid, such invalidity shall not affect other terms , conditions, or
applications of this Agreement, which can be given effect without the invalid term, condition, or
application. To this end, the terms and conditions of this Agreement are declared severable.
18. ENTIRE AGREEMENT
This Agreement and all attachments hereto contain all the terms and conditions agreed upon
by the parties. No other understandings, oral or otherwise, regarding the subject matter of this
Agreement and attachments shall be deemed to exist or to bind any of the parties hereto.
Page 5 of 7
Agreement Number: K2208
19. SIGNAGE AND MARKERS
If, during the period covered by this Agreement, the Contractor displays signs or markers or
circulates any communication identifying the f inancial participants in the project, any such sign,
marker, or communication must identify the State of Washington and the Washington State
Department of Agriculture -Fairs Program as participants. The provisions of this section shall
also apply to any permanent signs or markers displayed at the project site.
20 . PREVAILING WAGE
The project funded under this Agreement may be subject to state prevailing wage law (chapter
39.12 RCW). The Contractor is advised to consult with the Washington State Department of
Labor and Industries to determine whether prevailing wages must be paid. If the project funded
by this Agreement is subject to state prevailing wage laws, the Contractor shall comply with
chapter 39.12 RCW, including requiring any contractor or subcontractor it employs to submit to
the Contractor a "Statement of Intent to Pay Prevailing Wages" and an "Affidavit of Wages
Paid" as required by RCW 39.12.040. The Department is not responsible for determining
whether prevailing wage applies to this project or for any prevailing wage payments that may
be required by law.
21. DISPUTES
Except as otherwise provided in this Agreement, when a bona fide dispute arises between the
parties and it cannot be resolved through discussion and negotiation, either party may request
a dispute hearing. The parties shall select a dispute resolution team to resolve the dispute.
The dispute resolution team shall consist of a representative appointed by the Department, a
representative appointed by the Contractor, and a third party mutually agreed upon by both
parties . The dispute resolution team shall attempt , by majority vote , to resolve the dispute .
The parties agree that this dispute process shall precede any action in a judicial or quasi-
judicial setting .
22 . CHANGE OF OWNERSHIP OR USE
a) The Contractor understands and agrees that any and all real property or facilities acquired,
constructed, improved, or rehabilitated using state funds under this Agreement shall be held
and used by the Contractor for a period of three (3) years following termination of the
Agreement for the express purpose or purposes stated in Exhibit A or elsewhere in this
Agreement.
b) In the event the Contractor is found to be out of compliance with this section, the Contractor
shall repay to the state general fund the amount of the grant and interest as provided in
Section 13.
23. HISTORICAL AND CULTURAL ARTIFACTS
Pursuant to Executive Order 05-05, in the event that historical or cultural artifacts are
discovered at the project site during construction , the Contractor shall immediately stop
construction and notify the local historical preservation officer and the state historical
preservation officer at the Department of Archaeology and Historic Preservation. The
Executive Order is included as Exhibit B and is by this reference incorporated into this
Agreement.
Page 6 of 7
Agreement Number: K2208
24. ADMINISTRATION
The contract manager for each of the parties shall be responsible for and shall be the contact
person for all communications and billings regarding the performance of this Agreement.
The Contract Manager for the Contractor is: The Contract Manager for the Department is:
Jill Scheffer, Director Teresa Norman, Fairs Program Coordinator
Kittitas Valley Event Center Washington State Dept. of Agriculture
901 East yth Avenue 1111 Washington Street SE
Ellensburg, WA 98926 PO Box 42560
Telephone: 509-962-7635 Olympia, WA 98504-2560
E-mail: ji l l.scheffer@co.kitti tas.wa .us Telephone: 360-902-2043
E-mail: tnorman@aQr.wa.Qov
IN WITNESS WHEREOF, the parties have executed this Agreement.
STATE OF WASHINGTON KITTITAS COUNTY
:;PT "-O_F ..... A'I;.oG~R""""ICbU_L ...... T'lLU-=R~E~--J-C.-.L-~~~"7-:~ARD m :::NERS
Title : ----------~~~------~----Title : Paul Jewell , Chairman
Date: -------""'t."--------'I'-------w --"""2.'-"""04-/----/'7----Date : ~ I te , got7
BY ~
Title: Laura Osiadacz, Vice-Chairman
Date :
By :
Title: Obie O'Brien , Commissioner
Date : ~/lj ,M17
Page 7 of 7
,
~ VVashington
WSDA~ State ~epartment of
AgrIculture
Exhibit A Fairs Program
PO Box 42560
Olympia WA 98504-2560
(360) 902-1802
APPLICATION FOR CAPITAL IMPROVEMENT GRANT FUNDS
Application deadline: November 18,2015
(See reverse for eligibility requirements & application process)
NAME OF FAIR APPLICATION DATE
Kittitas County Fair 4117117
STREET ADDRESS MAILING ADDRESS
901 East 7th Suite 1 901 East 7th , Suite 1
CITY STATE ZIP MAILING CITY STATE ZIP
Ellensburg WA 98926 Ellensburg WA 98926
NAME OF REQUESTING OFFICER (PLEASE PRINT) TELEPHONE NUMBER (INCLUDE AREA CODE) E-MAIL ADDRESS
Jill Scheffer, Director KVEC 509-962-7639 jill.scheffer@co.kittitas.wa .us
IF YOU SUBMIT MORE THAN ONE APPLICATION FOR SPECIAL ASSISTANCE GRANT FUNDS, WHAT PRIORITY IS THIS APPLICATION (1 BEING THE HIGHEST PRIORITY)?
This application is priority number 2 of the 2 grant applications we intend to submit for this fair.
CAPIT AL IMPROVEMENT DETAIL
DESCRIPTION OF CAPITAL IMPROVEMENT (USE ADDITIONAL PAGES IF NECESSARY)
This request is for some matching funds to complete various improvements, replacements and patches for concrete/asphalt
throughout the fairgrounds. These areas are potential human health and safety hazards and we have in fact had a few
incidents due to these problem areas already this year. Weare anxious to replace/fix and repair these areas prior to the
2017 fair . Photos attached to this application clearly show the problem areas throughout the fairgrounds -they impede
safe movement of people, animals and vehicles.
AMOUNT BEING REQUESTED FROM WSDA TOTAL PROJECT AMOUNT TYPE OF MATCH
$2500.00 $4544.40 o Monetary 0 In-kind ~ Both monetary & in-kind 0 No match
DESCRIPTION OF MATCH
The Kittitas Valley Event Center has $2,500.00 budgeted for concrete/asphalt paving and repair. We will use that source
of funding to match grant funds from WSDA.
HEALTH I SAFETY I LEGAL REQUIREMENT OF CAPITAL IMPROVEMENT
This is a public safety improvement project.
WHAT IS THE IMPACT IF YOU WERE TO RECEIVE A GRANT AWARD LESS THAN REQUESTED?
We will work to complete as many projects as we can with funds provided.
APPLICANT CERTIFICATION
CAN THE PROJECT BE COMPLETED
BY JUNE 30, 20177
~Yes DNo
I hereby certify under penalty of perjury that the foregoing information is true and correct to the best of my knowledge _
SIGNATURE OF OFFICER COMPLETING APPLICATION DATE SIGNED
AGR FORM 304-5543 (Rl8 /15) Page 1 of 2
CENTRAL
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www.centra/pavlngl/c.com
We thank you for the opportunity to provide a proposal to you. Our goal as a company is
to deliver you an exceptional asphalt experience. When it comes to asphalt pavement
services, too many times a decision is based on cost alone without determining the
value of the service you are paying for, or if the quality of work will meet your
expectations. Here are some things to consider when choosing an asphalt contractor;
Some things you can expect from us at Central Paving:
-Use of Washington State DOT Commercial Materials
- A written warranty/guarantee on all of our work
-Project scheduling available 7 days a week
-State-of-the-art equipment
-Job references of recent work
-Explanation of our services and the value they provide to you
-Proof of our business license, company insurance, and bond
-Free proposals and pavement management consultation
-Services that save you money
Some things that Central Paving will not do:
-Quote unnecessary work
-Quote work that is not cost-effective
-Quote or complete work below the acceptable standards of the industry
-Complete work below the agreed upon specifications
-Apply inferior materials
-Provide poor workmanship
If you decide Central Paving can provide you with the best value for your asphalt or
maintenance project, we thank you and we look forward to working with you. If not, we
encourage you to contact us in the future with any questions or concerns you may have
about past or future pavement projects. Please visit www.centralpavingl/c.com for more
information on the value we can provide to you.
Sincerely,
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Aaron, Joel, & Jeff Greear, Owners
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Central Paving, LLC
509-929-1 044
team@centralpavingllc .com
www.centralpavingllc.com CENTRAL
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www.centralpavingllc.com
PR O PO SAL
ADDRESS
Kittitas Valley Event Center
901 E 7th St
PROPOSAL # 2274
DATE 05/02/2017
EXPIRATION DATE 06/02/2017
Ellensburg, WA 98926
JOB #
171-2232
PREVAILING:
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ESTIMATOR:
Conner Wales (509) 431-7474
DESCRIPTION AMOUNT
Asphalt Repair T
Cut repair area, remove and haul failed asphalt, prepare base if necessary, place and
compact 2" average depth hot mix asphalt.
* Areas per attached map
-Includes tack and seal of all joints .
Subtotal 4,200.00T
-Proposal includes 2 mobilization/shift/day to complete work. If additional
mobilizations/shifts/days are required, please add $1 ,200/MOB.
-Proposal excludes everything not outlined in this proposal.
-Any alteration or deviation from above specifications involving extra costs, will be executed
only upon written orders, and will become an extra charge over and above this proposal
estimate.
-Central Paving, LLC will not be responsible for subgrade soft spots. In the event that areas of
the subgrade need to be removed and replaced with additional base, Central Paving, LLC will
be entitled to additional compensation.
-Unless otherwise noted, proposal excludes subgrade and base prep, surveying, testing, saw
cutting, prime coat, soil sterilant, utility adjustments , patching of utilities , traffic control, permits,
locates, fees, bond, preliminary spotting, layout, and sales tax.
-This proposal sheet and contract must be attached to and become part of any subcontract
agreement.
-Proposal is good for 30 days from above date or 10 days after execution of bid, whichever is
shorter.
4,200.00
344.40
-Central Paving, LLC is hereby authorized to furnish all materials
and labor required to complete the work mentioned above and
according to the terms thereof . Interest on any unpaid balance
over 30 days from billing date will be charged at 1.5% per month .
Central Paving, LLC reserves the right to hold owner
responsible/obligated for any damages Central Paving, LLC may
incur through collection of monies owed by owner(s) and not
constricted or limited to the following : reasonable attorney's fees,
court costs, interest, and all other legal expenses when pursuing
payment by property owner.
SUBTOTAL
TAX (8.2%)
TOTAL $4,544.40
-By accepting this proposal, the signer acknowiedges that if
payment is not received in full according to the terms of this
agreement, Central Paving, LLC has the right to a contractor's
-If you have any questions regarding this proposal or contract, please feel free to contact us.
lien in accordance with RCW 60.04. Please expect a certified
letter to the owner of the property from Central Paving, LLC,
describing the work to be performed and providing more
information on lien for non-payment.
Accepted By Accepted Date
-If you have any questions regarding this proposal or contract, please feel free to contact us.
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EXHIBIT B
CHIHSltNE O. Gk[CO!!~E
OFFICE or THE GO\/ERNCW
EXECUTIVE ORDER 05-05
ARCHEOLOGICAL AND CULTURAL RESOURCES
WHEREAS Washington has a rich and diverse cuJtural heritage, as represented
by the numerous archaeological and historic sites that have been identified and located
throughout OUT state; and
WHEREAS preservation and protection of these sites provides educational and
cultural values for all citizens and leads to better understanding between cultures of our
shared history; and
WHEREAS many citizens of Washington contribute their time and efforts to
preserve and protect Washington's unique archaeological and historic sites, and
traditional cultural places; and
WHEREAS these sites and places hold special cuI rura l, historical, and spiritual
significance for both tribal members and citizens of Washington ; ~md
WHEREAS the Department of Archaeology and Historic Preservation (DAHP)
and the Governor's Office of Indian AITairs (GOIA) bave key statewide responsibility
to enhance the public's awareness of the need and value of protecting Washington's
heritage and establish effective consultation with Native American tribal governments.
NOW, THEREFORE, I, Christine O. Gregoire, Governor of the state of
Washington, hereby order all state age·ndcs to:
1, Review capital cOIlstruction projects and land acquisitions for the
purpose of a capital construction project, not undergoing Section 106 review under the
National Historic Preservation Act of 1966 (Section 106). with the DAHP and affected
Tribes to detennine potential impacts to cultural resources. This review shall be
required on all capital construction projects unless they are categorically exempted by
DAHP. Culturel resources are defined as archeological and historical sites and artifacts,
and traditiol lal areas or items of religious, ceremonial and social uses to affected tribes.
This review shou.ld be done a early in the proj ect planning process as possible. Should
DAHP identify a known culturally significanL site in the area of a project or should
DAHP infonn the agency of the potential that such a significant site is likely to be
found in a project locale, the agency shall:
A. Work with DAHP and affected Tribes on appropriate
archaeological survey and mitigation strategies consistent with state and federal
laws.
B. Consult with affected Tribe in a way that includes a face-to-face
meeting or other agreed upon method to disclIss the project before a state agency
completes the project design. The agency will work with GOlA and DAHl? to
identify affected Tribes and, if needed, eek their help to arrange a meeting to
discuss the project in question. If an agency is unabJ e to arrange such a meeting,
it will promptly n01ify GOlA and DAl-IP of the situation.
C. Take reasonable action to avoid, minimize or mitigate adverse
effects to the archeological or cultural resource.
D. NotifY DAHP and GOIA in advance, of any meeting with
affected Tribes during wlrich 'matters concerning cultural resources related to a
capital construction project will ge discussed and extend invitations to both
agencies to attend any such meetings. If representatives from DAHP or GOIA
cannot attend, the agencies will provide DAHP and GOIA with detailed meeting
notes.
2 . Submit all agreements between state agencies and affected Tribes
concerning cultural resources that are developed outside the Section 106 process for
review and comment to DAHP. DAHP's review and conunent on any such agreement
must occur before the agency can sign such agreement. Consult with DAHP and
affected Tribes during project design and prior to construction on projects not
undergoing Section 106 review, as a condition to receiving state grants or loans for the
purposes of a capital construction project. Should eitlter DAHP or the affected Tribes
identify cultural resources affected by the proposed project, th state agency or agencies
wiH ensure that the grant recipient 'finds rea sonable ways to avoid, minimize or mitigate
impacts to the resource before state fundin g is disblU'sed. State agencies shall take steps
to insW'e that thi s type of review is incorporated into their grant and loan management
process.
3. The omce of Financial Management is directed to include in its capital
budget instruction a requirement that agencies consult with DAHP and GOIA, as
appropriate, as part of the budgeting process for pre-design, design and construction .
4: To the extent that they have not already received training, all appropriate
state agency employees managing capital construction projects or pass through capital
grants will attend Government-to-Government training and Cultural Resource training
provided by GOIA and DAHP.
5. By January] 5,2007, DAHP shall report back to the Governor's Office
and the Office of Financial Management on the implementation of this executive order
including any recommendations on ways of improving implementation.
2
I invite institutions of hi g ber education, public .schools, statewide elected
officials, boards, commissions, and others to implemenllhc practices herein described
within their agencies.
Ibis executive order takes effect immediately.
BY THE GOVERNOR:
3
IN WITNESS WHERE OF, I have
hereunto set my hand and caused the seal
of the s late of Washin g tOil to be affixed at
Olyrnpio this 10th day o f ovember , Two
Thousand and Five.
~ CHRISTINE O. GRE OIRE
Governor of Washington