HomeMy WebLinkAboutMLE 123-343 Kittitas CSO-VesselGrant� y
WASHINGTON STATE PARKS AND RECREATION COMMISSION
SUBRECIPIENT GRANT AGREEMENT
FEDERAL FINANCIAL ASSISTANCE GRANT
PATROL VESSEL REPLACEMENT GRANT
Agreement No. MLE 123-343
This Agreement is between the State of Washington, Washington State Parks and Recreation
Commission (WSPRC) acting by and through its Marine Law Enforcement Program ("MLE or
"Recipient") and Kittitas Sheriff's Office ("Subrecipient"), each a "Party" and, together, the
"Parties".
SECTION 1: AUTHORITY
Per 2 Code of Federal Regulations 200 (2CFR200), WSPRC has determined this to be a
"Subrecipient" relationship under 2 CFR 200.331. This subrecipient agreement is authorized by 2
CFR 200 and 50 CFR 80. MLE is authorized to provide grants for recreational boating enforcement
and education activities and has sufficient grant funds available within its current biennial budget
and has authorized expenditure on the Subrecipient's Project as defined below, and the
Subrecipient agrees to comply with 2 CFR 200, MLE rules and other MLE adopted policies and
procedures, and this Subrecipient Grant Agreement.
SECTION 2: PURPOSE
The purpose of this Agreement is to set forth the obligations of both Parties in the awarding of funds
for replacement of marine law enforcement patrol vessel and subsequent reporting and to set forth
the deliverables under the Federal Financial Assistance Grant, hereinafter called the "Project."
SECTION 3: COURTESY INFORMATION 8► REMINDER
Very important information is located throughout this document. The onus is on the Subrecipient
to read the entire document which may include Attachments, Exhibits, or other information
incorporated by reference.
Experience has shown that the following information seems to have the most interest for the
Subrecipient. As such, MLE is providing this nonexclusive list but cautions that other important
information does not appear in the Courtesy List.
• Term: See Section 5.1— Term
• Project Completion: See Section 5.2 — Project Completion
• Subrecipient's Authorized Representative. See Section 6.2 — Subrecipient's Authorized
Representative.
• Project completion date: See Section 7.1.1— Project Timeline
• Reimbursement Total: See Section 8.3.c [not titled].
• Grant Funds: See Section 9.2 — Grant Funds.
MLE 123-343 Subrecipient Agreement - Boating Program (Patrol Vessel Replacement Grant)Page 1 of 33
• Accident Report: See Section 12.7 — Accident Report
• Information required for Federal Subawards (2 CFR §200.331(A) (1)): See Exhibit B
• Scope of Work (SOW): Exhibit D
• Vessel Registration Fee Program Guidance for Marine Law Enforcement Programs
Subrecipient's: See Exhibit E.
• Replacement Vessel Description: See Exhibit G DEFINITIONS
3.1 Attachment: A document provided by the Subrecipient (application, budget plan, etc.) that is also
made part of this agreement and incorporated by reference. See also Exhibit.
3.2 MLE: The federally funded Marine Law Enforcement Program administered by Washington State
Parks and Recreation Commission (WSPRC). For purposes of this agreement MLE represents
the State of Washington. If MILE ceases to exist or is no longer the state program designated to
administer this federal program, then references to MLE will be understood to be the State of
Washington.
3.3 Equipment. Equipment means tangible personal property having a useful 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 non -Federal entity for financial statement purposes, or $5,000.
3.4 Exhibit: A document provided by the MILE Program that is also a part of this agreement and
incorporated by reference. See also Attachment.
3.5 RBS Officer: Recreational Boating Safety Officer is a fully commissioned law enforcement officer
in Washington State and has the authority to enforce the laws of the state of Washington and local
ordinances. The RBS Officer must have attended the Washington state Basic Marine Law
Enforcement Academy or an equivalent recognized by MLE.
3.6 Boating Safety Inspection: A full inspection for all safety equipment, vessel registration when
required and mandatory boater education compliance when required. The results of the inspection
shall be documented through Washington states Statewide Electronic Collision and Ticket Online
Records (SECTOR). This may be done at the time of the inspection or when SECTOR is available
to the RBS Officer.
3.7 Law Enforcement Vessel: A vessel used by a law enforcement agency and shall be equipped
with proper markings showing it to be an official law enforcement vessel.
3.8 Recreational Vessel: Defined in federal regulation 50 CFR 85.11 as a vessel owned and operated
primarily for pleasure; or a vessel leased, rented, or chartered to another for recreational use.
3.9 Subrecipient: 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. In this agreement, the subrecipient is the successful applicant with whom Washington
MLE awards a Federal Financial Assistance Grant (See 2 CFR 200.93).
3.10 Subrecipient Grant Agreement: Also known as a subaward. Defined in federal regulation as "an
MLE 123-343 Subrecipient Agreement -Boating Program (Patrol Vessel Replacement Grant)Page 2 of 33
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 (See 2 CFR 200.92).
3.11 Small agency: An agency which services a jurisdiction with a population below 30,000 people as
determined by the latest U.S. Census.
3.12 Medium agency: An agency which services a jurisdiction with a population of 30,000 or more and
below 100,000 people as determined by the latest U.S. Census.
3.13 Large agency: An agency which services a jurisdiction of over 100,000 people as determined by
the latest U.S. Census.
3.14 Boating Safety Program approval: means that the county or local jurisdiction has entered into
an agreement with state parks to develop and maintain a boating safety program meeting minimum
requirements established by state parks.
3.15 Useful life: means an estimate of the number of years an asset is likely to remain in service
for the purpose it was intended. For the purpose of this grant, a useful life will be determined
to be a minimum of ten years.
SECTION 4: EFFECTIVE DATE AND DURATION
4.1 Term. This Agreement is effective on the date of the last signature and terminates on September
30, 2024, or the date of final payment issuance, whichever is later, unless terminated earlier in
accordance with Section 22 - Termination. See also, Section 12.3 Useful Life.
4.2 Project Completion. The Project shall be completed, and final billing for the Project shall be
submitted to MLE on or before October 15, 2024. Unless approved in writing, MLE shall not be
obligated to disburse any payments after this date.
4.3 Closeout. (See 2 CFR § 200.343) MLE will closeout this award under this Agreement when it
determines that all applicable administrative actions and all required work of this Agreement have
been completed by the Subrecipient.
SECTION 5: AUTHORIZED REPRESENTATIVES
5.1 WSPRC MLE Program Authorized Representative is:
Matthew M. Stowers, Marine Law Enforcement Coordinator
Washington State Parks - Boating Program
1111 Israel Road SW
Tumwater, WA 98501-6512
Matt.StowersCa)-parks.wa.gov
MLE 123-343 Subrecipient Agreement -Boating Program (Patrol Vessel Replacement Grant)Page 3 of 33
Backup:
Rob Sendak, Boating Program Manager
Washington State Parks - Boating Program
1111 Israel Road SW
Tumwater, WA 98501-6512
Rob.Sendak(aD,PARKS.WA.GOV
5.2 Subrecipient's Authorized Representative is:
Sheriff Clay Myers
Kittitas County Sheriff's Office
307 W Umptanum Road
Ellensburg, WA 98926
Clay. myersCaD_co. kittitas.wa. us
(599) 962 8625 <5041) al to a - '15 ;ts
A Party may designate a new Authorized Representative by written notice to the other Party.
SECTION 6: RESPONSIBILITIES OF EACH PARTY
6.1 Responsibilities of Subrecipient:
This project itself is the sole responsibility of Subrecipient. MLE undertakes no responsibilities to
Subrecipient, or to any third party, other than as expressly set out in this document. Subrecipient
shall be solely responsible for the design, development, implementation, achievement of
deliverables and reporting of the project, as those phases are applicable to this project, and solely
responsible for any claim or suit of any nature by any third party related in any way to the project.
6.1.1 Project Timeline. The Subrecipient is responsible for maintaining the project timeline for all dates
and activities outlined as the Subrecipient's responsibility as identified in the Funding Opportunity
Exhibit "F".
The Subrecipient shall complete the purchase of the replacement vessel no later than September
30, 2023. The Subrecipient shall complete the approved project no later than October 15, 2024,
as a term of the acceptance of this grant award. The project timeline cannot be extended under
the scope of this agreement.
MLE staff shall monitor the activities conducted under the scope of this project on a quarterly basis.
Work will be considered complete, only when the following conditions are met:
• The activities described in the Scope of Work and this grant document have been
achieved.
• All request for reimbursements have been submitted.
MLE 123-343 Subrecipient Agreement -Boating Program (Patrol Vessel Replacement Grant)Page 4 of 33
• All reporting through the MLE Statement of Activity Reporting system (SOAR) and
SECTOR have been completed
• Appropriate proof of completion has been provided to MLE
If the work is not satisfactorily completed, Subrecipient will be in breach and MLE may, at its
discretion, rescind the grant and require repayment of any grant funds already disbursed.
6.1.2 Design Preparation. Not Used.
6.1.3 Purchase. The Subrecipient shall be responsible for any costs in excess of Ninety -Two Thousand,
One Hundred Sixty -Nine dollars and 81/100th dollars ($92,169.81) (including all tax, sales, tax, or
other fees) plus Thirty Thousand, Seven Hundred Twenty -Three dollars and 27/100ths
($30,723.27) in cash match. All purchases must be in the furtherance of recreational boating safety
and must adhere to the Replacement Vessel Description. (Exhibit "C").
6.1.4 Periodic Inspections. Subrecipient hereby grants to the Recipient, or its authorized
representative, a right, equal in time to six years from the date of the last signature on this
document, to enter upon Subrecipient's property as deemed necessary by the Recipient for
inspection documents and any equipment. These periodic inspections are intended to ensure
continued compliant use of the awarded funds toward recreational boating safety enforcement and
education. materials, products, and workmanship to the original approved plans and
specifications. These inspections require a 30 -day advance notification to the Subrecipient of such
inspection or access.
6.1.5 Commercial and Other Uses.
a. For purposes of this Section 7— Responsibilities of Each Party, Commercial Use means
any activity on or affecting the Project that was not described in the Subrecipient's
proposal, or not approved in writing by MLE, where the Subrecipient:
1. has financial profit as a goal,
2. charges any fees or receives any benefit to provide services, supplies or goods, or
3. allows third parties to charge any fees or receive any benefit to provide services,
supplies or goods.
b. Subrecipient must restrict use of the Project funds to only recreational boats boating safety
enforcement and education.
6.1.6 Publications & Advertising. The Subrecipient shall include the following statement if publishing
any report, news release or publication regarding this project: "Partial funding was through the
Washington State Parks and Recreation Commission Marine Law Enforcement Program, and in
cooperation with U. S. Recreational Boating Safety Act. "
6.1.7 Project Sign. The Subrecipient may post in a conspicuous location on the vessel, a sign identifying
WSPRC, may, Federal Agency's and specific federal grant program's participation in the Project.
The Subrecipient shall include the following statement if publishing any report, news release or
publication regarding this project: "Partial funding for this project was provided by the Washington
MLE 123-343 Subrecipient Agreement -Boating Program (Patrol Vessel Replacement Grant)Page 5 of 33
State Parks Marine Law Enforcement Program.
the Sport Fish Restoration and Boating Trust
motorboat fuels and fishing equipment."
6.1.8 Public Access to Project. Not used.
6.1.9 Payments. Subrecipient agrees to:
This program is funded by the U. S. C. G. through
Fund, which is financed by your purchase of
a. Make payment promptly as due to all contractors, subcontractors, vendors, or any other
persons supplying labor or materials for the Project.
b. All employers, including Subrecipient that employ subject workers shall provide workers'
compensation insurance coverage for those workers, unless they meet the requirement
for exemption. Subrecipient shall require and ensure that each of its subcontractors
complies with these requirements (unless inapplicable as a matter of federal law); and
c. Not permit any lien or claim to be filed or prosecuted against WSPRC, due to any
construction or maintenance activities at the Project.
6.1.10 Alternative Dispute Resolution. The Parties should attempt in good faith to resolve any dispute
arising out of this agreement. This may be done at any management level, including at a level
higher than persons directly responsible for administration of the agreement. In addition, the
Parties may agree to utilize a jointly selected mediator or arbitrator (for non-binding arbitration) to
resolve the dispute short of litigation.
6.1.1 Indemnification by Subrecipient's Contractors. For purposes of this Section 7.1.11 —
Indemnification by Subrecipient's Contractors the term "contractor" means, actors downstream of
the Subrecipient whether it be a contractor, a subcontractor, or downstream subrecipient of the
Subrecipient. The Subrecipient shall take all reasonable steps to cause its contractor(s) to
indemnify, defend, save and hold harmless the State of Washington and its officers, employees
and agents ("Indemnitee") from and against any and all claims, actions, liabilities, damages, losses,
or expenses (including attorneys' fees) arising from a tort caused, or alleged to be caused, in whole
or in part, by the negligent or willful acts or omissions of Subrecipient's contractor or any of the
officers, agents, employees or subcontractors of the contractor ("Claims"). It is the specific intention
of the Parties that the Indemnitee shall, in all instances, to the full extent of Washington State Law
be indemnified by the contractor from and against any and all Claims.
6.2 Responsibility of Marine Law Enforcement Program (MLE):
6.2.1 MLE shall pay Subrecipient as described in Sections 8 —Conditions to Disbursement and Section
9 — Reimbursement and Payment Terms.
SECTION 7: CONDITIONS TO DISBURSEMENT
7.1 Eligible project expenses include only those items from the list below that are in your
approved project budget:
7.1.1 Nothing beyond the purchase of a replacement marine law enforcement patrol vessel, as listed in
MLE 123-343 Subrecipient Agreement - Boating Program (Patrol Vessel Replacement Grant)Page 6 of 33
the Replacement Vessel Description (Exhibit "G")
7.2 Non -Allowable Costs and Expenditures.
7.3 Nothing beyond the purchase of a replacement marine law enforcement patrol vessel, as indicated
in the Replacement Vessel Description (Exhibit "G") shall be purchased with these grant funds and
the required cash match. All additional expenditures shall be the sole responsibility of the
Subrecipient. Conditions Precedent to Any Reimbursement. MLE shall not be obligated to
disburse any of the grant funds to reimburse the Subrecipient for Project costs hereunder unless
MLE has received from the Subrecipient:
a. Prior to Project plans, specifications, and cost estimate(s), statement of work, request
for proposal or other documentation for the Project, documents must be in form and
substance satisfactory to MLE;
b. Reimbursement Requests must be submitted on the approved MLE Grant
Reimbursement form, Exhibit H, along with all supporting documentation.
Reimbursements shall be prorated between the Parties based on the percentage of
their respective cash contributions as set forth in Section 6 — Responsibilities of Each
Party and Section 8 — Reimbursement and Payment Terms.
Supporting documents must:
• Be numbered in the upper right corner and correspond to the "Document #"
column on your Reimbursement Request Form
• Be dated. The date of the invoice must be within the period of performance of
this award
• Have Subrecipient's business name clearly identified
• Clearly identify the cost and the amount paid & show zero -balance due
If a receipt, invoice, or statement includes expenses not related to the MLE
project, those costs must be highlighted and noted as "ineligible costs".
7.4 MLE will reimburse Subrecipient for eligible activities only after MLE has accepted the work as
complete -expenditure as an allowable cost and all proper documents have been submitted with
the reimbursement request. Reimbursement requests must be submitted upon the delivery of the
vessel as described in the Replacement Vessel Description (Exhibit G) Reimbursement
Conditions Precedent to Partial Progress Payment(s). MLE shall not be obligated to make
partial progress reimbursement payment(s) hereunder until the appropriate supporting
documentation and reimbursement form has been submitted no less than on a quarterly basis of
the percentage of Project completion has been received, reviewed, and approved by MLE. In no
event shall MLE disburse more than fifty percent (50%) of the amount indicated in Section 8.2 —
Grant Funds as progress payments.
7.5 Conditions Precedent to Final Payment. MLE shall not be obligated to make final payment
hereunder until the following have been completed or supplied:
a. Supporting documentation in form and content determined by MLE, has been
received reviewed and approved by MLE; and
b. Subrecipient provides summary of work achieved pursuant to the SOW as provided
MLE 123-343 Subrecipient Agreement -Boating Program (Patrol Vessel Replacement Grant)Page 7 of 33
with the grant application to MLE with funding the Project; and
c. Inspection and approval of the Project by MLE Program staff.
SECTION 8: REIMBURSEMENT AND PAYMENT TERMS
8.1 Federal Fund Approval. MLE has received a grant from the United States Department of
Homeland Security, United States Coast Guard as described pursuant to 2 CFR 200.331 on Exhibit
B. In accordance with 2 CFR 200.330, MLE's determination is that the other party to this contract
is a subrecipient and is therefore a subrecipient of federal funds.
8.2 Grant Funds. Upon approval by its governing body or bodies, MLE shall provide federal grant
funds in the amount of Ninety -Two Thousand, One Hundred Sixty -Nine dollars and 81/100ths
($92,169.81) to the Subrecipient to fund the Project.
8.3 Match. The Subrecipient shall contribute at least twenty-five (25%) of the total grant award as cost
sharing or non-federal match as described in the approved project budget. Such cost sharing or
match shall be provided as cash costs only. Any vessel traded in as partial purchase of the
replacement vessel will be considered as cash for the purpose of required match funds. Vessel
Registration Fees cannot be used as match. The annual Federal Financial Assistance Grant as
awarded by MLE cannot be used as match. These are non -reimbursable items. Allowability of any
cost sharing or match shall be determined in accordance with 50 CFR Part 85; and 2 CFR Part
200 as applicable and as adopted in regulation by 2 CFR 1402.100.
8.3.1 Matching Cash Funds. The Subrecipient shall contribute the total sum of Thirty Thousand,
Seven Hundred Twenty -Three dollars and 27/100ths ($30,723.27) in -cash only. Itis understood
that cash match cannot be from the annual Federal Financial Assistance Grant as provided by
MLE. In addition, Vessel Registration Fee funds cannot be used as match.
8.3.2 Matching Non-cash Resources. Not allowed, not authorized.
8.4 Allowable Costs. All costs charged by the Subrecipient must be eligible, necessary, and
reasonable for performing the tasks outlined in the approved project work plan. The costs,
including match, must be incurred during the period of performance of the project and submitted
for reimbursement upon the delivery of the replacement vessel. The costs also must be allowable
and well documented, in conformance with specific federal requirements (50 CFR Part 85; and 2
CFR Part 200 as applicable and as adopted in regulation by 2 CFR 1402.100.
8.5 Payments. After the Subrecipient awards the contract for the Project, and activities commence,
MLE shall, upon receipt of the Subrecipient's request for reimbursement and appropriate
documentation all in form and substance satisfactory to MILE, disburse funds to the Subrecipient in
accordance with Section 7 - Conditions to Disbursement.
Subrecipient may request reimbursements only upon delivery of the replacement vessel.
Reimbursement shall take place after Subrecipient submits a properly completed A-19 Invoice
Voucher form (Exhibit H, along with required supporting documentation. Requests shall only be
allowed when requested on the proper forms provided by MLE, reference this agreement number,
and accompanied with appropriate supporting documentation.
MLE 123-343 Subrecipient Agreement - Boating Program (Patrol Vessel Replacement Grant)Page 8 of 33
Subrecipient shall be reimbursed for the actual project costs incurred, up to the total reimbursement
amount defined above as long as grant funds remain available. Accounting procedures must
provide for accurate and timely recording of receipt of funds by source, expenditures made from
such funds, and of unexpended balances. Controls must be established which are adequate to
ensure that expenditures are for allowable purposes and that documentation is readily available to
verify that such charges are accurate. The burden of proof lies with the subrecipient to provide clear
information as to the expense and form of payment.
8.6 Cost Overruns. Cost overruns are the responsibility of Subrecipient and must be borne by
Subrecipient.
8.7 Overpayment. In the event that the aggregate amount of MLE's interim progress payments to the
Subrecipient exceeds the allowable reimbursable costs of the Subrecipient for the Project, the
Subrecipient agrees to refund to MLE the amount paid in excess of such allowable expenses within
thirty (30) days of September 30, 2024.
8.8 Offset or Reduction. The Subrecipient agrees that payment(s) made by MLE under this
Agreement shall be subject to offset or reduction for any amounts previously paid hereunder that
are found by MLE not to constitute allowable costs under this Agreement based on the results of
an audit examination. If such disallowed amount exceeds the payment(s), the Subrecipient shall
pay MLE the amount of such excess within 30 days after written notice of disallowed costs is
provided by MLE.
8.8.1 Entertainment Costs. In accordance with 2 CFR 200, the cost of amusement, diversion, social
activities, ceremonials, and costs relating thereto, such as meals, lodging, rentals, transportation,
gratuities, and alcoholic beverages are not allowable expenses.
8.8.2 Prior Costs. MLE will not reimburse Subrecipient for any costs incurred prior to the duly executed
and delivery of this document.
SECTION 9: REPRESENTATIONS AND WARRANTIES
Subrecipient represents and warrants to MLE that:
9.1 Subrecipient is a law enforcement agency, duly organized and validly existing. Subrecipient has
the power and authority to enter into and perform this Agreement.
9.2 The making and performance by Subrecipient of this Agreement (a) have been duly authorized by
Subrecipient, (b) do not and will not violate any provision of any applicable law, rule, regulation, or
order of any court, regulatory commission, board, or other administrative agency or any provision
of Subrecipient's charter or other organizational document and (c) do not and will not result in the
breach of, or constitute a default or require any consent under any other agreement or instrument
to which Subrecipient is party or by which Subrecipient maybe bound or affected. No authorization,
consent, license, approval of, or filing or registration with or notification to any governmental body
or regulatory or supervisory authority is required for the execution, delivery, or performance by
Subrecipient of this Agreement, other than those that have already been obtained.
9.3 This Agreement has been duly executed and delivered by Subrecipient and constitutes a legal,
MLE 123-343 Subrecipient Agreement -Boating Program (Patrol Vessel Replacement Grant) Page 9 of 33
valid, and binding obligation of Subrecipient enforceable in accordance with its terms.
9.4 Subrecipient has the skill and knowledge possessed by well-informed members of the industry,
trade or profession most closely involved in providing the services under this Agreement, and
Subrecipient will apply that skill and knowledge with care and diligence to perform its obligations
under this Agreement in a professional manner and in accordance with the highest standards
prevalent in the related industry, trade, or profession; and
9.5 Subrecipient shall, at all times during the term of this Agreement, be qualified, professionally
competent, and duly licensed to perform its obligations under this Agreement. The representations
and warranties set forth in this Section 6- Representation and Warranties are in addition to, and
not in lieu of, any other representations or warranties provided by Subrecipient.
SECTION 10: GOVERNING LAW AND CONSENT TO JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the State of
Washington without regard to principles of conflicts of law. Any claim, action, suit or proceeding
(collectively "Claim") between MLE or any other agency or department of the State of Washington,
or both, and Subrecipient that arises from or relates to this Agreement shall be brought and
conducted solely and exclusively within the Superior Court for Thurston County, State of
Washington; provided, however, if a Claim MUST be brought in a federal forum, then it shall be
brought and conducted solely and exclusively within the United States District Court for the Western
District of Washington. In no event shall this Section 10 — Governing Law and Consent to
Jurisdiction be construed as a waiver by the State of Washington of any form of defense or
immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh
amendment to the Constitution of the United States or otherwise, to or from any Claim or from the
jurisdiction of any court. SUBRECIPIENT, BY EXECUTION OF THIS AGREEMENT, HEREBY
CONSENTS TO THE IN PERSONAM JURISDICTION OF SAID COURTS.
SECTION 11: EQUIPMENT: OWNERSHIP, MAINTENANCE, USEFUL LIFE & DISPOSAL
11.1 Ownership Of Equipment. Except as otherwise provided herein, Subrecipient shall retain
ownership of equipment purchased pursuant to the terms of the grant. Subrecipient may not,
during the term of the grant, transfer or convey its ownership interest in the equipment.
Subrecipient shall not at any time during the term of the grant convert any facility equipment which
was acquired pursuant to the grant to a use other than those for which the assistance was originally
approved.
Equipment purchased with Recreational Boating Safety Act funds shall be used only for
the purpose for which it was purchased and no other purpose, whether or not the
Subrecipient continues to be supported by Recreational Boating Safety Act grant funds.
Observed/reported incidents of unauthorized use of MLE equipment shall be addressed by the
following:
1) Any observed/reported incident of unauthorized use of MLE funded vessels will be
followed-up by MLE communication with the Subrecipient. MLE may conduct site visits or
contact area boaters for supplemental information as necessary.
MLE 123-343 Subrecipient Agreement -Boating Program (Patrol Vessel Replacement Grant) Page 10 of 33
2) In those instances where the MLE determines that an unauthorized use of a MILE funded
vessel has occurred, the MLE will provide written notification to the operator of its
determination with a warning that continued misuse or abuse of MLE-funded vessels and
equipment may result in:
a) the removal of misused equipment from the facility; and/or
b) an assessment against the operator for reimbursement of the federal contribution
against the current market value of the vessel.
11.2 Title. Title to equipment purchased under this Agreement shall vest in the Subrecipient. If the
Subrecipient determines that it cannot use the equipment for the stated grant purposes at any point
prior to the end of the equipment's useful life, but after the end of this award period and any
extensions thereof, the Subrecipient shall inform MLE in writing within 30 days of such
determination. Such equipment shall be transferred by the Subrecipient to a third party approved
by MLE for use for grant purposes in accordance with applicable provisions of state and federal
law. Should the equipment not be transferred to another state parks RBS approved law
enforcement agency in accordance with this provision, the equipment shall either be returned to
MLE for use for grant purposes, or it shall be disposed in accordance with 50 CFR Part 85; and 2
CFR Part 200.
11.3 Useful Life. Beyond the acquisition grant period of performance and throughout the duration of
the equipment's useful life, the equipment must continue to be used in the program or project for
which it was acquired, as Recreational Boating Safety Act Program. When no longer needed for
the original program or project, equipment may be used in other activities in the following order of
priority:
a. Activities supported under a Federal award from the Federal awarding agency which
funded the original program or project; then
b. Activities under Federal awards from other Federal awarding agencies; then
c. Any activities consistent with the administration of the Washington State Parks and
Recreation Commission.
11.4 Special Survivorship Note: Ownership is not absolute. Regardless of agreement's expiration,
anything tangible, intangible, or intellectual property that was purchased or created from federal
funds or funded with federal funds maintains federal and state MLE entanglements, requirements,
or conditions (conditional ownership) unless/until released by the MLE or federal government in
writing. While other conditions may apply, typically a release would occur upon the MLE, or federal
government being completely satisfied that the item in question has reached the end of its useful
life which is usually a dollar value. Determination of value is solely at the discretion of the MLE or
federal government. Should professional appraisal services be needed to determine value, these
costs shall be borne by the Subrecipient. Selection of an appraisal services firm is subject to the
written approval of the MLE or federal government.
11.5 Use and Maintenance. The Subrecipient shall operate and maintain the equipment, purchased,
constructed, installed, renovated, operated, repaired, or maintained with MLE grant funds to
MLE 123-343 Subrecipient Agreement -Boating Program (Patrol Vessel Replacement Grant)Page 11 of 33
function as intended for the full period of their useful life and in a manner that provides adequate
service, promotes use, and protects public health. Such conditions include:
11.5.1 Subrecipient shall operate and maintain grant funded equipment in accordance with all applicable
Federal, State, and local laws, orders, regulations and permits.
11.5.2 Operation shall include having trained personnel available to facilitate operation of the equipment
and a schedule for maintenance.
11.5.3 Law Enforcement vessels shall be operated by trained personnel with a valid State of Washington
Boater Education Card or equivalent and be a graduate of state parks Basic Marine Law
Enforcement Academy or equivalent.
11.5.4 Law Enforcement vessels shall be equipped with all federally required safety equipment and
provide and ensure appropriate personal flotation devices are worn at all times when on the vessel
or dock.
11.5.5 All law enforcement vessels shall have a routine schedule for maintenance.
11.5.6 As a condition of receiving the grant funds, Subrecipient shall actively maintain the vessel for the
full design life of the equipment provided from this grant.
11.5.7 Subrecipient shall be responsible for all operation, maintenance, and repair of all vessels and
equipment provided from this grant.
11.6 Equipment Replacement.
When original or replacement equipment acquired under this award is no longer needed or the
Subrecipient is no longer able to support the RBS mission and the disposition occurs during the
grant period, disposition of the equipment shall be made as follows:
The equipment may be transferred at no cost to another law enforcement agency with a
State Parks approved marine law enforcement program (e.g., city or county law
enforcement agency) if such equipment will remain in use and be dedicated to the MILE
program. The conditions for such transfer shall be stipulated by the MILE and shall include
the same requirements as those imposed in the original grant. Any cash match paid when
the equipment was originally purchased will be forfeited in total.
If the equipment cannot be transferred to another law enforcement agency with a state
approved marine law enforcement program, it must be sold at the discretion of the MILE,
and the Subrecipient shall pay MILE the proceeds of the sale or the fair market value of
the equipment, whichever is the greatest.
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11.6.1 Equipment Breakdown
Not Used.
11.7 Accident Report
Subrecipients or Subrecipient's staff involved in an accident must remain at the scene and assist
any other vessel or person involved, if possible, without endangering their safety, their own vessel,
or the people aboard.
SECTION 12: OWNERSHIP OF WORK PRODUCT
12.1 As used in this Section 12 — Ownership of Work Product and elsewhere in this Agreement, the
following terms have the meanings set forth below:
12.1.1 Project Ownership. MLE acknowledges and agrees that the Project is the exclusive property of
the Subrecipient. MLE is neither responsible nor liable in any manner for the construction,
operation, or maintenance of the Project.
12.1.2 Special Survivorship Note: Ownership is not absolute. Regardless of agreement's expiration,
anything tangible, intangible, or intellectual property that was purchased or created from federal
funds or funded with federal funds maintains federal and state MLE entanglements, requirements,
or conditions (conditional ownership), unless/until released by MLE or federal government in
writing. While other conditions may apply, typically a release would occur upon the MLE, or federal
government being completely satisfied that the item in question has reached the end of its useful
life which is usually a dollar value. Determination of value is solely at the discretion of the MLE or
federal government. Should professional appraisal services be needed to determine value, these
costs shall be borne by the Subrecipient. Selection of an appraisal services firm is subject to the
written approval of the MLE or federal government.
SECTION 13: NO DUPLICATE PAYMENT
The Subrecipient shall not be compensated for, or receive any other form of duplicate, overlapping
or multiple payments for the same work performed under this Agreement from any agency of the
State of Washington, including, but not limited to the Washington State Parks Recreation
Commission, or the United States of America or any other party.
SECTION 14: CONTRIBUTION ON THIRD PARTY CLAIMS
14.1 If any third party makes any claim or brings any action, suit or proceeding alleging against a Party
(the "Notified Party") with respect to which the other Party (the "Other Party") may have liability, the
Notified Party shall promptly notify the Other Party in writing of the Third Party Claim and deliver to
the Other Party, along with the written notice, a copy of the claim, process and all legal pleadings
with respect to the Third Party Claim that have been received by the Notified Party. Each Party is
entitled to participate in the defense of a Third -Party Claim, and to defend a Third -Party Claim with
counsel of its own choosing. Receipt by the Other Party of the notice and copies required in this
Section 14 — Contribution on Third Party Claims and a meaningful opportunity for the Other Party
MLE 123-343 Subrecipient Agreement - Boating Program (Patrol Vessel Replacement Grant)Page 13 of 33
to participate in the investigation, defense, and settlement of the Third -Party Claim with counsel of
its own choosing are conditions precedent to the Other Party's contribution obligation under this
Section 12 — Ownership of Work Product with respect to the Third -Party Claim.
14.2 With respect to a Third Party Claim for which MLE is jointly liable with Subrecipient (or would be if
joined in the Third Party Claim ), MLE shall contribute to the amount of expenses (including
attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred
and paid or payable by Subrecipient in such proportion as is appropriate to reflect the relative fault
of MLE on the one hand and of Subrecipient on the other hand in connection with the events that
resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant
equitable considerations. The relative fault of MLE on the one hand and of Subrecipient on the
other hand shall be determined by reference to, among other things, the Parties' relative intent,
knowledge, access to information and opportunity to correct or prevent the circumstances resulting
in such expenses, judgments, fines, or settlement amounts. MLE's contribution amount in any
instance is capped to the same extent it would have been capped under Washington law if the
State had sole liability in the proceeding.
14.3 With respect to a Third Party Claim for which Subrecipient is jointly liable with MLE (or would be if
joined in the Third Party Claim), Subrecipient shall contribute to the amount of expenses (including
attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred
and paid or payable by MLE in such proportion as is appropriate to reflect the relative fault of
Subrecipient on the one hand and of MLE on the other hand in connection with the events that
resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant
equitable considerations. The relative fault of Subrecipient on the one hand and of MLE on the
other hand shall be determined by reference to, among other things, the Parties' relative intent,
knowledge, access to information and opportunity to correct or prevent the circumstances resulting
in such expenses, judgments, fines, or settlement amounts. Subrecipient's contribution amount in
any instance is capped to the same extent it would have been capped under Washington law if it
had sole liability in the proceeding.
SECTION 15: SUBRECIPIENT DEFAULT
Subrecipient will be in default under this Agreement upon the occurrence of any of the following
events:
15.1 Subrecipient fails to perform, observe, or discharge any of its covenants, agreements, or
obligations under this Agreement.
15.2 Any representation, warranty or statement made by Subrecipient in this Agreement or in any
documents or reports relied upon by MLE to measure the delivery of services, the expenditure of
funds or the performance by Subrecipient is untrue in any material respect when made.
15.3 Subrecipient (a) applies for or consents to the appointment of, or taking of possession by, a
receiver, custodian, trustee, or liquidator of itself or all of its property, (b) admits in writing its inability,
or is generally unable, to pay its debts as they become due, (c) makes a general assignment for
the benefit of its creditors, (d) is adjudicated a bankrupt or insolvent, (e) commences a voluntary
case under the Federal Bankruptcy Code (as now or hereafter in effect), (f) files a petition seeking
MLE 123-343 Subrecipient Agreement -Boating Program (Patrol Vessel Replacement Grant)Page 14 of 33
to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding -up,
or composition or adjustment of debts, (g) fails to controvert in a timely and appropriate manner, or
acquiesces in writing to, any petition filed against it in an involuntary case under the Bankruptcy
Code, or (h) takes any action for the purpose of effecting any of the foregoing; or
15.4 A proceeding or case is commenced, without the application or consent of Subrecipient, in any
court of competent jurisdiction, seeking (a) the liquidation, dissolution or winding -up, or the
composition or readjustment of debts of Subrecipient, (b) the appointment of a trustee, receiver,
custodian, liquidator, or the like of Subrecipient or of all or any substantial part of its assets, or (c)
similar relief in respect to Subrecipient under any law relating to bankruptcy, insolvency,
reorganization, winding -up, or composition or adjustment of debts, and such proceeding or case
continues undismissed, or an order, judgment, or decree approving or ordering any of the foregoing
is entered and continues unstayed and in effect for a period of sixty consecutive days, or an order
for relief against Subrecipient is entered in an involuntary case under the Federal Bankruptcy Code
(as now or hereafter in effect).
SECTION 16: INDEMNIFICATION
Subrecipient shall hold harmless, save harmless, indemnify, and defend at the Subrecipient's
expense the State of Washington, Commission, it officers, employees, successors and assigns
against any and all damages and/or losses arising out of Subrecipient's use of, or presence or
activity in, the facilities, including those arising out of the use or operation of equipment or facilities
or as a result of the conduct of Subrecipient's programs, or from the conduct of Subrecipient's
employees or agents, or damages or vandalism to facilities by third -parties, contracted or
participating in Subrecipient's programs, events or activities.
SECTION 17: LIABILITY INSURANCE
17.1 LIABILITY INSURANCE—If required in the special terms and conditions subrecipient shall obtain
and keep in force during the term of this Agreement, a combined single limit bodily injury and
property damage insurance policy in the minimum amount of $1,000,000 naming Washington
State Parks Commission as an additional insured against any liability arising out of Subrecipient's
or its agents, employees, or assigns. Subrecipient shall provide to Commission, a certificate
evidencing such insurance coverage and shall provide 30 days written notice prior to any changes
in the amount or cancellation of said policy.
• Subrecipient shall buy and maintain property insurance covering all real property and
fixtures, equipment, and tenant improvements and betterments. Such insurance shall be
written on an all-risk's basis and, at a minimum, cover the perils insured under ISO special
causes of loss Form CP 10 30, and cover the full replacement cost of the property insured.
Such insurance may have commercially reasonable deductibles.
• Any coinsurance requirement in the policy shall be waived.
• State shall be included as an insured and a loss payee under the property insurance
policy.
17.2 AUTOMOBILE INSURANCE– Subrecipient shall maintain business auto liability and, if necessary,
commercial umbrella liability insurance with a limit not less than $1,000,000 per accident. Such
MLE 123-343 Subrecipient Agreement -Boating Program (Patrol Vessel Replacement Grant)Page 15 of 33
insurance shall cover liability arising out of "Any Auto." Business auto coverage shall be written on
ISO form CA 00 01, or substitute liability form providing equivalent coverage. If necessary, the
policy shall be endorsed to provide contractual liability coverage. Subrecipient waives all rights
against State for the recovery of damages to the extent they are covered by business auto liability
or commercial umbrella liability insurance.
17.3 INDUSTRIAL INSURANCE COVERAGE-- Subrecipient shall provide or purchase industrial
insurance coverage for themselves their employees as required by Labor and Industries prior to
performing work under this Agreement. Commission will not be responsible for payment of
industrial premiums or for any other claim or benefit for Subrecipient, or any subcontractor or
employee of Subrecipient, which might arise under the industrial insurance laws during the
performance of duties and services under this agreement. Subrecipient, its employees and agents
performing under this contract, are not employees of Commission.
17.4 CERTIFICATE OF INSURANCE / NAMING WASHINGTON STATE AS ADDITIONAL INSURED:
A current Certificate of Insurance must be submitted with the grant application form. The certificate
must name Washington State Parks and Recreation Commission as an additional insured, and the
Certificate Holder and contain a provision that the insurance will not be canceled for any reason
except after thirty (30) days written notice. Facilities must be insured by carriers licensed in or
eligible to do business in Washington, and must maintain applicable Commercial General Liability,
Automobile Liability, and Worker's Compensation coverage. Government entities will need to
include a letter from their Chief Financial Officer stating if they are self-insured or provide a
certificate of insurance as stated below."
SECTION 18: REMEDIES
18.1 In the event Subrecipient is in default under Section 16 — Subrecipient Default MLE may, at its
option, pursue any or all of the remedies available to it under this Agreement and at law or in equity,
including, but not limited to: (a) termination of this Agreement under Section 21 - Termination, (b)
reducing or withholding payment for work or Work Product that Subrecipient has failed to deliver
within any scheduled completion dates or has performed inadequately or defectively, (c) requiring
Subrecipient to perform, at Subrecipient's expense, additional work necessary to satisfy its
performance obligations or meet performance standards under this Agreement, (d) initiation of an
action or proceeding for damages, specific performance, or declaratory or injunctive relief, or (e)
exercise of its right of recovery of overpayments under Section 19 — Recovery of Overpayments
(which is in addition to the remedies provided in Section 8.7 - Overpayment), of this Agreement or
setoff, or both. These remedies are cumulative to the extent the remedies are not inconsistent,
and MLE may pursue any remedy or remedies singly, collectively, successively or in any order
whatsoever.
18.2 In the event MLE terminates this Agreement under Section 21.1 — Termination for Convenience,
Section 21.2 Termination for Inefficiency, Section 21.3 — Termination Because of Non -
Appropriation or Project Ineligibility, or Section 21.4 — Termination for Default, Subrecipient's sole
monetary remedy will be (a) for work compensable at a stated rate, a claim for unpaid invoices for
work completed and accepted by MLE, for work completed and accepted by MLE within any limits
set forth in this Agreement but not yet invoiced, for authorized expenses incurred, less any claims
MILE has against Subrecipient, and (b) for deliverable -based work, a claim for the sum designated
MLE 123-343 Subrecipient Agreement -Boating Program (Patrol Vessel Replacement Grant)Page 16 of 33
for completing the deliverable multiplied by the percentage of work completed on the deliverable
and accepted by MLE, for authorized expenses incurred, less previous amounts paid for the
deliverable and any claims that MLE has against Subrecipient. In no event will MLE be liable to
Subrecipient for any expenses related to termination of this Agreement or for anticipated profits. If
previous amounts paid to Subrecipient exceed the amount due to Subrecipient under this Section
19.2, Subrecipient shall promptly pay any excess to MLE.
SECTION 19: RECOVERY OF OVERPAYMENTS
In addition to the remedies provided in Section 8.7 - Overpayment, if payments to Subrecipient
under this Agreement, or any other agreement between MLE and Subrecipient, exceed the amount
to which Subrecipient is entitled, MILE will not reimburse any further claims. In addition, MLE will
require repayment of any over payments as reflected in Section 8.7 of this agreement. may, after
notifying Subrecipient in writing, withhold from payments due Subrecipient under this Agreement,
such amounts, over such periods of times, as are necessary to recover the amount of the
overpayment.
SECTION 20: LIABILITY
THE SUBRECIPIENT SHALL BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER
INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT,
REGARDLESS OF WHETHER THE LIABILITY CLAIM IS BASED IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE.
NEITHER PARTY WILL BE LIABLE FOR ANY DAMAGES OF ANY SORT ARISING SOLELY
FROM THE TERMINATION, EXPIRATION, OR SUSPENSION OF THIS AGREEMENT IN
ACCORDANCE WITH ITS TERMS.
SECTION 21: TERMINATION
21.1 Termination for Convenience. The Subrecipient may terminate this Agreement at any time upon
thirty (30) days prior written notice to MLE; provided, however, that the Subrecipient shall, within
thirty (30) days of such termination, reimburse MLE for all funds contributed by MLE to the Project;
provided further that until the Subrecipient has fully reimbursed MLE for such funds, the
Subrecipient shall comply with the terms hereof. Delinquent payments shall bear interest at the
rate of 12 percent (12%) per annum, if such rate shall exceed the maximum rate allowed by law,
then as such maximum rate, and shall be payable on demand. After ninety (90) days MLE may
turn any delinquent debt over for collection.
21.2 Termination Because of Inefficiency. Use of federal funds demands good stewardship. MLE in
an ongoing basis will be monitoring the performance of the subrecipient through the subrecipient's
reporting into the MLE Statement of Activity Reporting system. If in MLE's opinion, these metrics
demonstrate poor stewardship the Agreement will be terminated. If feasible, MLE may work with
the Subrecipient and give the Subrecipient an opportunity to improve the metrics to what MLE
believes is a healthy metric.
21.3 Termination Because of Non -Appropriation or Project Ineligibility. MLE, as provided in
Section 32 - Force Majeure, may modify or terminate this Agreement and at any time upon 30 days
MLE 123-343 Subrecipient Agreement -Boating Program (Patrol Vessel Replacement Grant)Page 17 of 33
prior written notice to the Subrecipient, may modify or terminate this Agreement if:
a. MLE fails to receive funding or allotments, appropriations, limitations, or other
expenditure authority at levels sufficient to pay for the allowable costs of the Project
to be funded hereunder or should any state law, regulation or guideline be modified,
changed, or interpreted in such a way that the Project, or any portion of the Project,
is no longer eligible for facility grant funds.
b. In the event insufficient funds are appropriated for the payments under this
Agreement and the Subrecipient has no other lawfully available funds, then the
Subrecipient may terminate this Agreement at the end of its current federal fiscal year,
with no further liability to MLE. The Subrecipient shall deliver written notice to MLE of
such termination no later than 30 days from the determination by the Subrecipient of
the event of non -appropriation. MLE shall pay for all authorized Project costs
expended up to the date of written notice of termination.
21.4 Termination for Default. MLE, at any time upon 30 days prior written notice of default to the
Subrecipient, may modify or terminate this Agreement if:
a. The design and implementation, of the Project is not pursued with due diligence; or
b. The Project is not permissible under federal, state, or local law; or
c. The Subrecipient, does not abide by the nondiscrimination and affirmative action
provisions of this Agreement; or
d. The Subrecipient, without the prior written approval of MLE uses the funds provided
by MILE hereunder to pursue any project other than the Project described in the final
project approved by MLE; or
e. During the term of this Agreement, the Subrecipient fails to perform any obligation or
requirement of this Agreement.
f. The Subrecipient defaults under any other agreement between the Parties.
21.5 Rights and Remedies.
a. The Subrecipient shall, within 30 days of its receipt of a notice of default, reimburse
MLE for all funds contributed by MLE to the Project. Further, MLE shall have any and
all rights and remedies available at law or in equity.
b. In the event that Subrecipient has materially failed to comply with this Agreement and
such non-compliance has resulted in the Federal Funding Agency terminating MLE's
grant or cause or requires MLE to return funds to the Federal Funding Agency,
Subrecipient will return to MLE an amount equal to the funds which MLE is not
reimbursed for or is required to return to Federal Funding Agency.
SECTION 22: NONAPPROPRIATION
MLE's obligation to pay any amounts and otherwise perform its duties under this Agreement is
conditioned upon MLE receiving funding, appropriations, limitations, allotments, or other
expenditure authority sufficient to allow MLE, in the exercise of its reasonable administrative
discretion, to meet its obligations under this Agreement.
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SECTION 23: AMENDMENTS
The terms of this Agreement may not be altered, modified, supplemented, or otherwise amended,
except by written agreement of the Parties.
This agreement may be amended only by mutual agreement of the parties in writing. Formal written
amendment of the contract is required for changing the terms and conditions specifically stated in
the original agreement and any prior amendments, including but not limited to:
• Budget revisions
• Scope of work
• Change in due dates
• Extensions of the period of performance
• Any other revisions determined material by MLE
SECTION 24: NOTICE
Except as otherwise expressly provided in this Agreement, any notices to be given relating to this
Agreement must be given in writing by email, personal delivery, or postage prepaid mail, to a
Party's Authorized Representative at the physical address or to such other addresses as either
Party may indicate pursuant to this Section 23 -Amendments. Any notice so addressed and mailed
becomes effective five (5) days after mailing. Any notice given by personal delivery becomes
effective when actually delivered.
SECTION 25: SURVIVAL
All rights and obligations of the Parties under this Agreement will cease upon termination of this
Agreement, other than the rights and obligations arising under Section 10 — Governing Law and
Consent to Jurisdiction, Section 12 — Ownership of Work Product, Section 19 — Recovery of
Overpayments, Section 20— Limitation of Liability, and Section 25 - Survival hereof and those rights
and obligations that by their express terms survive termination of this Agreement; provided,
however, that termination of this Agreement will not prejudice any rights or obligations accrued to
the Parties under this Agreement prior to termination.
SECTION 26: SEVERABILITY
The Parties agree that if any term or provision of this Agreement is declared by a court of competent
jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions
will not be affected, and the rights and obligations of the Parties will be construed and enforced as
if the Agreement did not contain the particular term or provision held to be invalid.
SECTION 27: COUNTERPARTS
This Agreement may be executed in several counterparts, all of which when taken together shall
constitute one agreement, notwithstanding that all Parties are not signatories to the same
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counterpart. Each copy of the Agreement so executed constitutes an original.
SECTION 28: COMPLIANCE WITH LAW
28.1 Compliance with Law Generally. Subrecipient shall comply with all federal, state, and local laws,
regulations, executive orders, and ordinances applicable to Subrecipient and the
Agreement.
28.2 Penalty of Perjury. By its execution of this Agreement, Subrecipient certifies under penalty of
perjury under the laws of the state of Washington the truthfulness, completeness, and accuracy of
any statement or claim it has made, it makes, it may make, or causes to be made that pertains to
this Agreement.
28.3 Tax Compliance. Subrecipient has complied with the tax laws of this state and the applicable tax
laws of any political subdivision of this state. Subrecipient shall, throughout the duration of this
Agreement and any extensions, comply with all tax laws of this state and all applicable tax laws of
any political subdivision of this state. For the purposes of this Section 29.3—Tax Compliance, "tax
laws" includes: (i) All tax laws of this state; (ii) Any tax provisions imposed by apolitical subdivision
of this state that applied to Subrecipient, to Subrecipient's property, operations, receipts, or income,
or to Subrecipient's performance of or compensation for any work performed by Subrecipient; (iii)
Any tax provisions imposed by a political subdivision of this state that applied to Subrecipient, or to
goods, services, or property, whether tangible or intangible, provided by Subrecipient; and (iv) Any
rules, regulations, charter provisions, or ordinances that implemented or enforced any of the
foregoing tax laws or provisions.
Any failure to comply with the provisions of this Section 28 — Compliance with Law constitutes a
material breach of this Agreement. Any failure to comply with Subrecipient's certifications shall
constitute a material breach of this Agreement. Any failure to comply shall entitle MLE to terminate
this Agreement, to pursue and recover any and all damages that arise from the breach and the
termination of this Agreement, and to pursue any or all of the remedies available under this
Agreement, at law, or in equity, including but not limited to:
28.3.1 Termination of this Agreement, in whole or in part, this is in addition to any remedies available
under Section 21- Termination.
28.3.2 Offsetting against any amount owed to Subrecipient, and withholding of amounts otherwise due
and owing to Subrecipient, in an amount equal to State's setoff right, without penalty; and
28.3.3 Initiation of an action or proceeding for damages, specific performance, declaratory or injunctive
relief. MLE may recover any and all damages suffered as the result of Subrecipient's breach of
this Agreement, including but not limited to direct, indirect, incidental, and consequential damages,
costs of cure, and costs incurred in securing replacement Services and applications.
The state of Washington may take any and all actions permitted by law relative to the collection of
taxes due to the state of Washington or a political subdivision, including (i) garnishing the
Subrecipient's compensation under this Agreement or (ii) exercising a right of setoff against
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Subrecipient's compensation under this Agreement for any amounts that may be due and unpaid
to the state of Washington.
These remedies are cumulative to the extent the remedies are not inconsistent, and MLE may
pursue any remedy or remedies singly, collectively, successively, or in any order whatsoever.
SECTION 29: INDEPENDENT CONTRACTORS
The Parties agree and acknowledge that their relationship is that of independent contracting parties
and that Subrecipient is not an officer, employee, or agent of the state of Washington.
SECTION 30: PERSONS NOT TO BENEFIT
No member of or delegate to Congress, resident commissioner, officer, agent or employee of the
United States of America, member of the Washington Legislative Assembly, elected official of the
state of Washington, or official, agent, or employee of the state of Washington, or elected member,
officer, agent, or employee of any political subdivision, municipality or municipal corporation of the
state of Washington shall be admitted to any share or part of this Agreement or derive any financial
benefit that may arise therefrom.
SECTION 31: INTENDED BENEFICIARIES
MLE and Subrecipient are the only parties to this Agreement and are the only parties entitled to
enforce its terms. Nothing in this Agreement provides, is intended to provide, or may be construed
to provide any direct or indirect benefit or right to third persons unless such third persons are
individually identified by name herein and expressly described as intended beneficiaries of this
Agreement.
SECTION 32: FORCE MAJEURE
Neither Party is responsible for any failure to perform or any delay in performance of any obligations
under this Agreement caused by fire, civil unrest, labor unrest, natural causes, or war, which is
beyond that Party's reasonable control. Each Party shall, however, make all reasonable efforts to
remove or eliminate such cause of failure to perform or delay in performance and shall, upon the
cessation of the cause, diligently pursue performance of its obligations under this Agreement. MLE
may terminate this Agreement upon written notice to Subrecipient after reasonably determining
that the failure or delay will likely prevent successful performance of this Agreement.
SECTION 33: ASSIGNMENT AND SUCCESSORS IN INTEREST
Subrecipient may not assign or transfer its interest in this Agreement and any attempt by Subrecipient
to assign or transfer its interest in this Agreement will be void and of no force or effect: The
provisions of this Agreement will be binding upon and inure to the benefit of the Parties hereto, and
their respective successors. Any sub grant entered into under this Agreement shall contain terms
and conditions substantially similar to this Agreement, including Federal provisions contained in
Exhibit A and the sub grant shall:
a. If the contract is not to a unit of Washington State government, the contract shall require the
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Subrecipient to indemnify, defend, save and hold harmless the state of Washington and its
officers, employees, and agents ("indemnitee") from and against any and all claims, actions,
liabilities, damages, losses or expenses arising from a tort, caused or alleged to be caused, in
whole or in part, by the negligent or willful acts or omissions of Subrecipient's contractor or any
of the officers, agents, employees or subcontractors of the contractor ("claims"). It is the specific
intentions of the parties that the Indemnitee shall, in all instances, except for claims arising solely
from the negligent orwillful acts or omissions of the Indemnitee, be indemnified by the contractor
from and against any and all Claims.
SECTION 34: SUBCONTRACTS & SUB -AWARDS
Subrecipient shall not, without MLE's prior written consent, enter into any subcontracts or follow-
on sub -recipient sub -awards (work carried out by parties other than the Subrecipient) for any of the
work required of Subrecipient under this Agreement. Subrecipient's consent to any contract,
subcontract, sub -award will not relieve Subrecipient of any of its duties or obligations under this
Agreement.
SECTION 35: TIME IS OF THE ESSENCE
Time is of the essence in Subrecipient's performance of its obligations under this Agreement.
SECTION 36: MERGER AND WAIVER
This Agreement and all Exhibits and Attachments, if any, constitute the entire agreement between
the Parties on the subject matter hereof. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this Agreement. No waiver or
consent under this Agreement binds either Party unless in writing and signed by both Parties. Such
waiver or consent, if made, is effective only in the specific instance and for the specific purpose
given.
Failure by MLE to insist upon the strict performance of any provision of this agreement shall not
affect MLE's right to require strict performance of the same provision in the future or any other
provision. Failure by MLE to exercise any right based upon a breach, or acceptance by MLE of
performance during such breach, shall not constitute a waiver of any of its rights or remedies with
respect to such breach.
EACH PARTY, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY
ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND
AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
SECTION 37: RECORDS MAINTENANCE AND ACCESS
Subrecipient shall maintain all financial records relating to this Agreement in accordance with
generally accepted accounting principles. In addition, Subrecipient shall maintain any other
records, books, documents, papers, plans, records of shipments and payments and writings of
Subrecipient, whether in paper, electronic or other form, that are pertinent to this Agreement in
such a manner as to clearly document Subrecipienfs performance. All financial records, other
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records, books, documents, papers, plans, records of shipments and payments and writings of
Subrecipient, whether in paper, electronic or other form, that are pertinent to this Agreement, are
collectively referred to as "Records." Subrecipient acknowledges and agrees that Washington
State Parks and Recreation Commission and the federal government and their duly authorized
representatives will have access to all Records to perform examinations and audits and make
excerpts and transcripts. Subrecipient shall retain and keep accessible all Records for a minimum
of six (6) years, or such longer period as may be required by applicable law, following termination
of this Agreement, or until the conclusion of any audit, controversy or litigation arising out of or
related to this Agreement, whichever date is later.
SECTION 38: HEADINGS
The headings and captions to sections or subsections of this Agreement have been inserted for
identification and reference purposes only and may not be used to construe the meaning or to
interpret this Agreement.
SECTION 39: INCORPORATION BY REFERENCES AND ORDER OF PRECEDENCE
The table below reflects the documents that are incorporated by reference (whether attached or
not) and the order of precedence should there be a conflict between the parts of document or other
documents incorporated by reference. The lower the number, the higher the precedence. Where
two or more documents address a point or concept but are not in conflict, they should be read as
supplemental, additive, and/or cumulative.
Precedence
Document
1 (highest)
United State of America Laws or Rules AND Washington State Laws and Rules
2
Amendments to any of the documents listed below shall control over the earlier
version of that same document or earlier amendment to that same document.
3
EXHIBIT A - FEDERAL COMPLIANCE TERMS
4
EXHIBIT B - INFORMATION REQUIRED BY 2 CFR §200.331(A) (1)
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5
EXHIBIT C — 2 CFR 200, Appendix II - TERMS
6
EXHIBIT D — Statement of Work (SOW)
7
EXHIBIT E - VESSEL REGISTRATION FEE PROGRAM GUIDANCE FOR
MARINE LAW ENFORCEMENT PROGRAMS
EXHIBIT F - 2023 MARINE LAW ENFORCEMENT PATROL VESSEL
8
REPLACEMENT GRANT, NOTICE OF FUNDING OPPORTUNITY NUMBER:
2022-01, FEDERAL PROGRAM: STATE RECREATIONAL BOATING
SAFETY GRANT PROGRAM
9
EXHIBIT G — REPLACEMENT VESSEL DESCRIPTION
10
EXHIBIT H — A-19 INVOICE VOUCHER FOR MARINE LAW ENFORCMEENT
PATROL VESSEL REPLACEMENT GRANT
MLE 123-343 Subrecipient Agreement -Boating Program (Patrol Vessel Replacement Grant) Page 24 of 33
SECTION 40: SIGNATURES
This Agreement, which includes incorporated documents, is executed by the persons signing
below who warrant under penalty of perjury under the laws of the State of Washington that they
have read and understood the document and find it to be legal, valid, and a binding obligation,
enforceable according to its terms, and have the authority to execute the contract.
MLE 123-343 Subrecipient Agreement - Boating Program (Patrol Vessel Replacement Grant)Page 25 of 33
Washington State
Agency KMASOMM SHEM,sOFFIE
Parks & Recreation Commission
Address W? W. UMPTANUM RD.
EU ENSBURG, WA 989¢8
PO Box 42650
Olympia, WA 98504-2650
Sign:
Sign:
Title:
Title: Contracts, Grants, Procurement
SVIC6
Manager
Email:
Email:
(,Idt - m CrS c, CO. 6S. u)ct wS
ContractsAndProcurement(cDparks.wa.gov
Date: /O _ 017 - IQ
Date:
Place: QlmAu-raj WA
Place: Tumwater, WA
MLE 123-343 Subrecipient Agreement - Boating Program (Patrol Vessel Replacement Grant)Page 25 of 33
EXHIBIT A: FEDERAL COMPLIANCE TERMS
I. Grant Subrecipient Compliance Requirements:
A. Subrecipient is responsible to ensure compliance with the federal implementing
regulations for (Clean Vessel Act 50 CFR Part 85 or Boating Infrastructure Grant Program
50 CFR Part 86).
B. Subrecipient to comply with Assurances — Construction Programs (Standard Form
424D)
C. Pursuant to 2 CFR Part 170, MLE will enter grant information into the Federal Funding
Accountability and Transparency Act (FFATA).
Il. Federal Terms and Conditions:
Subrecipient is responsible to comply with the following Federal Terms and Conditions,
as applicable:
A. Uniform Administrative Requirements, 2 CFR Part 200, Subparts A through D or the
equivalent applicable provision adopted by the awarding federal agency in 2 CFR Subtitle
B. including but not limited to the following:
1. Property Standards. 2 CFR 200.313, or the equivalent applicable provision
adopted by the awarding federal agency in 2 CFR Subtitle B, which generally
describes the required maintenance, documentation, and allowed disposition of
equipment purchased with federal funds.
2. Contract Provisions. The contract provisions listed in 2 CFR Part 200, Appendix
II, or the equivalent applicable provision adopted by the awarding federal agency
in 2 CFR Subtitle B, that are hereby incorporated into this Exhibit. These are, to
the extent applicable, obligations of Subrecipient, and Subrecipient shall also
include these contract provisions in its contracts with non -Federal entities.
3. Audits. Subrecipient shall comply, and require all subcontractors to comply, with
applicable audit requirements and responsibilities set forth in this Agreement and
applicable state or federal law. If Subrecipient expends $750,000 or more in federal
funds (from all sources) in a fiscal year beginning on or after December 26, 2014,
Subrecipient shall have a single organization -wide audit conducted in accordance
with the provisions of 2 CFR Subtitle B with guidance at 2 CFR Part 200. Copies
of all audits must be submitted to MLE within 30 days of completion.
B. Cost Principles 2 CFR Part 200, Subpart E
C. Central Service Cost Allocation Plans Appendix V to Part 200
D. Indirect Cost Proposals Appendix VII to Part 200
E. Audit Requirements 2 CFR Part 200, Subpart F
F. Federal Non-discrimination Statutes. Subrecipient is responsible to comply with all
MLE 123-343 Subrecipient Agreement - Boating Program (Patrol Vessel Replacement Grant) Page 26 of
33
federal statutes relating to non-discrimination, including but not limited to: Title VI of the
Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race,
color or national origin; Title IX of the Education Amendments of 1972 (20 USC §§ 1681-
1683; 1685-1686) which prohibits discrimination on the basis of gender; Section 504 of
the Rehabilitation Act of 1973 (29 USC § 794) which prohibits discrimination on the basis
of handicaps; Age Discrimination Act of 1975 (42 USC §§ 6101-6107) which prohibits
discrimination on the basis of age; Drug Abuse Office and Treatment Act of 1972 (PL 92-
255) which prohibits discrimination on the basis of drug abuse; the Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL
91-616) regarding non-discrimination on basis of alcohol abuse or alcoholism; Sections
523 and 527 of the Public Health Services Act of 1912 as amended (42 USC §§ 290 dd-
3 and 290 ee-3) regarding confidentiality of alcohol and drug abuse patient records; Title
VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.) regarding nondiscrimination
in the sale, rental or financing of housing; any other nondiscrimination provisions of the
specific statutes under which this agreement is being made; and the requirements of any
other nondiscrimination statute(s) which apply to the federal financial assistance award
received by MILE.
G. Eligible Workers. Subrecipient shall ensure that all employees complete the 1-9 Form
to certify that they are eligible for lawful employment under the Immigration and
Nationality Act (8 USC 1324a). Subrecipient shall comply with regulations regarding
certification and retention of the completed forms.
MLE 123-343 Subrecipient Agreement - Boating Program (Patrol Vessel Replacement Grant) Page 27 of
33
EXHIBIT B: INFORMATION REQUIRED BY 2 CFR §200.211 (B)
Federal Award Identification:
Subrecipient name (which must match registered name in DUNS): Kittitas County
Sheriff's Office
ii. Subrecipient's UEI number: WQ23XPBSAU44
iii. Federal Award Identification Number (FAIN): 3322FAS220153
iv. Federal Award Date: 09/01/2022
V. Sub -award Period of Performance Start and End Date: From 09/01/2022 to
9/30/2024
vi. Total Amount of Federal Funds Obligated by this Agreement: $92,169.81
vii. Total Amount of Federal Award committed to the Subrecipient by the pass-through
entity: $92,169.81
viii. Federal award project description: Marine Law Enforcement Federal Financial
Assistance Grant
a. Name of Federal awarding agency, pass-through entity, and contact
information for awarding official of the Pass-through entity: Name of Federal
awarding agency: United States Coast Guard.
b. Name of pass-through entity: Washington State Parks and Recreation
Commission.
c. Contact information for awarding official of the pass-through entity:
boatingprogram@parks.wa.gov
ix. CFDA Number and Name: Federal Boat Safety Act 92-75
X. Is Award R&D? No
xi. Indirect cost rate for the Federal award: NA%
*For the purposes of this Attachment, the term "pass-through entity" refers to
Washington MLE Grant Program.
MLE 123-343 Subrecipient Agreement - Boating Program (Patrol Vessel Replacement Grant) Page 28 of
33
EXHIBIT C: 2 CFR 200, APPENDIX II - TERMS
Provisions for Non -Federal Entity Contracts Under Federal Awards (current as of
20200717)
In addition to other provisions required by the Federal agency or non -Federal entity, all
contracts made by the non -Federal entity under the Federal award must contain
provisions covering the following, as applicable.
(A) Contracts for more than the simplified acquisition threshold currently set at
$150,000, which is the inflation adjusted amount determined by the Civilian Agency
Acquisition Council and the Defense Acquisition Regulations Council (Councils) as
authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal
remedies in instances where contractors violate or breach contract terms, and
provide for such sanctions and penalties as appropriate.
(B) All contracts in excess of $10,000 must address termination for cause and for
convenience by the non -Federal entity including the manner by which it will be
affected and the basis for settlement.
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR
Part 60, all contracts that meet the definition of "federally assisted construction
contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided
under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal
Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p.
339), as amended by Executive Order 11375, "Amending Executive Order 11246
Relating to Equal Employment Opportunity," and implementing regulations at 41
CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor."
(D) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal
program legislation, all prime construction contracts in excess of $2,000 awarded by
non -Federal entities must include a provision for compliance with the Davis -Bacon
Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of
Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to
Contracts Covering Federally Financed and Assisted Construction"). In accordance
with the statute, contractors must be required to pay wages to laborers and
mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be
required to pay wages not less than once a week. The non -Federal entity must place
a copy of the current prevailing wage determination issued by the Department of
Labor in each solicitation. The decision to award a contract or subcontract must be
conditioned upon the acceptance of the wage determination. The non -Federal entity
must report all suspected or reported violations to the Federal awarding agency. The
contracts must also include a provision for compliance with the Copeland "Anti -
Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor
regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or
Public Work Financed in Whole or in Part by Loans or Grants from the United
States"). The Act provides that each contractor or subrecipient must be prohibited
MLE 123-343 Subrecipient Agreement - Boating Program (Patrol Vessel Replacement Grant) Page 29 of
33
from inducing, by any means, any person employed in the construction, completion,
or repair of public work, to give up any part of the compensation to which he or she
is otherwise entitled. The non -Federal entity must report all suspected or reported
violations to the Federal awarding agency.
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where
applicable, all contracts awarded by the non -Federal entity in excess of $100,000
that involve the employment of mechanics or laborers must include a provision for
compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor
regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must
be required to compute the wages of every mechanic and laborer on the basis of a
standard work week of 40 hours. Work in excess of the standard work week is
permissible provided that the worker is compensated at a rate of not less than one
and a half times the basic rate of pay for all hours worked in excess of 40 hours in
the work week. The requirements of 40 U.S.C. 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in
surroundings or under working conditions which are unsanitary, hazardous or
dangerous. These requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award
meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the
recipient or subrecipient wishes to enter into a contract with a small business firm or
nonprofit organization regarding the substitution of parties, assignment or
performance of experimental, developmental, or research work under that "funding
agreement," the recipient or subrecipient must comply with the requirements of 37
CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding agency.
(G) Clean Air Act (42 U.S.C. 7401-7671 q.) and the Federal Water Pollution Control
Act (33 U.S.C. 1251-1387), as amended - Contracts and subgrants of amounts in
excess of $150,000 must contain a provision that requires the non -Federal award to
agree to comply with all applicable standards, orders or regulations issued pursuant
to the Clean Air Act (42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control
Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency
(EPA).
(H) Debarment and Suspension (Executive Orders 12549 and 12689) - A contract
award (see 2 CFR 180.220) must not be made to parties listed on the
governmentwide exclusions in the System for Award Management (SAM), in
accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders
12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p.
235), "Debarment and Suspension." SAM Exclusions contains the names of parties
debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549.
MLE 123-343 Subrecipient Agreement - Boating Program (Patrol Vessel Replacement Grant) Page 30 of
33
(1) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid
for an award exceeding $100,000 must file the required certification. Each tier
certifies to the tier above that it will not and has not used Federal appropriated funds
to pay any person or organization for influencing or attempting to influence an officer
or employee of any agency, a member of Congress, officer or employee of Congress,
or an employee of a member of Congress in connection with obtaining any Federal
contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also
disclose any lobbying with non -Federal funds that takes place in connection with
obtaining any Federal award. Such disclosures are forwarded from tier to tier up to
the non -Federal award.
(J) See § 200.322 Procurement of recovered materials.
[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014
MLE 123-343 Subrecipient Agreement -Boating Program (Patrol Vessel Replacement Grant) Page 31 of
33
EXHIBIT "D": SCOPE OF WORK AND MATERIALS/DOCUMENTS INCORPORATED BY THE SCOPE OF
WORK.
SCOPE OF WORK
For
The Kittitas County Sheriff's Office
Marine Law Enforcement Patrol Vessel Replacement Grant
The Washington State Parks and Recreation Commission Boating Program Marine Law
Enforcement Program, recipient (MLE) has the responsibility to administer federal financial
assistance grants as provided by the Department of Homeland Security through the United
States Coast Guard. Those grant funds may be used for recreational boating safety
activities to include enforcement of recreational boating safety laws, marine law enforcement
patrols as well as educational outreach projects. This grant contract is for the purchase of a
marine law enforcement patrol vessel replacement. The grant award is based on the
Replacement Vessel Description as described in Exhibit E (Kittitas County Sheriffs Office
Replacement Vessel Description) with a purchase price of $122,893.08. The grant award
amount will be $92,169.81 with a match requirement of $30,723.27.
In return, State Parks requires the Kittitas County Sheriffs Office (Subrecipient) to meet the
goals as stated in Exhibit D (Exhibit D Vessel Registration Fee Program Guidance for Marine
Law Enforcement Programs). In addition, the Agency is required to provide a 25% cash
match. Further, the Agency is required to obtain delivery of the replacement vessel as
described in Exhibit F (Kittitas County Sheriffs Office, Replacement Vessel Description) by
the end of federal fiscal year 2023, September 30, 2023, in order to seek reimbursement
under this grant.
The agency must also provide financial reports, performance reports, quarterly reports and
significant development reports as described in Exhibit E (Appendix 2023 Marine Law
Enforcement Patrol Vessel Replacement Grant, Notice of Funding Opportunity Number: 2022-01,
Federal Program: State Recreational Boating Safety Grant Program). These reporting
requirements will be in place through September 30, 2024. Failure to provide required reports
could result in reimbursement by the Agency to State Parks for any grant funds expended.
Reimbursement is to be made on an Exhibit G (Kittitas SO A-19 Invoice Voucher for Marine Law
Enforcement Patrol Vessel Replacement Grant) form as provided. If you have questions regarding
this agreement, contact Matt Stowers at (360) 791-4668 or matt.stowers@parks.wa.gov.
MLE 123-343 Subrecipient Agreement -Boating Program (Patrol Vessel Replacement Grant) Page 32 of
33
THE FOUR DOCUMENTS IDENTIFIED IMMEDIATELY BELOW ARE PRESENTED AS AN
EMBEDDED FILE. SIMPLY DOUBLE-CLICK ON THE EMBEDDED FILE TO REVEAL THE
FILE'S SUBSTANCE.
IF UNABLE TO OPEN THE FILE, PLEASE CONTACT THE WA STATE PARKS
PROGRAM MANAGER IDENTIFIED IN SECTION 6.1 ABOVE AND A COPY WILL BE
PROVIDED.
EXHIBIT E
Attached and made part of this agreement as Exhibit E -Vessel Registration Fee Program
Guidance for Marine Law Enforcement Programs
R,-i_"i
2021 Vessel
Registration Fee Pro
EXHIBIT F
Attached and made part of this agreement as Exhibit EF -2023 Marine Law Enforcement Patrol
Vessel Replacement Grant
Notice of Funding Opportunity Number: 2022-01
Federal Program: State Recreational Boating Safety Grant Program
Marine Law
Enforcement Patrol'
EXHIBIT G
Attached and made part of this agreement as Exhibit G-Kittitas County Sheriff's Office, Marine
Law Enforcement Patrol Vessel Replacement Grant, Vessel Description (one worksheet is in this
workbook)
F�
KITTITAS CSO
VESSEL DESCRIPTIO
EXHIBIT H
Attached and made part of this agreement as Exhibit H -A-19 Voucher for reimbursement (four
worksheets are in this workbook)
0�
Kittitas CSO A-19
Invoice Voucher MLE
MLE 123-343 Subrecipient Agreement - Boating Program (Patrol Vessel Replacement Grant) Page 33 of
33
WASHINGTON
F1..
\TF QPI
Washington State Parks & Recreation Commission
Introduction
The purpose of the Vessel Registration Fee (VRF) program is to focus local jurisdiction marine programs
on injury prevention activities around recreational boating safety. These activities include enforcing
RCW 79A.60: Regulation of Recreational Vessels and providing emergency response to boating
accidents. Each marine patrol unit should strive to serve and protect the lives and property of
Washington's recreational boaters. All VRF Funds are awarded based on the potential success and ability
of the local agency to provide such service to the boating community. Recreational Boating Safety (RBS)
programs are evaluated using the criteria published in this document, as well as its ability to meet the
requirements and assurances of WAC 352-65: Boating Safety Program Approval.
This guidance document is intended to help local marine law enforcement programs understand the
minimum qualifications and requirements to receive vessel registration fees. The document has been
laid out to explain this as simply as possible. The beginning section provides a brief list of the
qualifications and requirements, and the remainder of the document explains each component in more
depth.
The Washington State Parks Boating Program (State Parks) has established different operational goals
for agencies dependent on the population within their jurisdiction (based on 2019 census data).
• Small Agencies — Under 30,000 population
• Medium Agencies — Population between 30,000 and 100,00
• Large Agencies — Populations exceed 100,000.
Page 2 of 18
Washington State Parks & Recreation Commission
State Parks Boating Program Contacts
Washington State Boating Law Administrator Marine Law Enforcement Coordinator
Rob Sendak Matt Stower
Office: 360-902-8836 Office: 360-902-8835
Mobile: 360-628-1876 Mobile: 360-791-4668
Rob.Sendak@parks.wa.gov Matt.Stowers@Parks.wa.gov
Education & Outreach Coordinator Accidents & Reporting
Derek Van Dyke Sherri Sweeney
Office: 360-902-8842 Office: 360-902-8845
Mobile: 360-628-3260 Sherri.Sweeney@parks.wa.Pov
Derek.VanDyke@parks.wa.gov
Communications Consultant MLE Program Coordinator & SOAR Reports
Christina Fremont Cheri Peel
Office: 360- 902-8837 Office: 360-902-8846
Mobile: 360-522-0744 Cheri.Peel@parks.wa.gov
Christina. Fremont@parks.wa.gov
Fiscal Analyst
Mailing Address
Corey Tolar
Washington State Parks Boating Program
Office: 360-902-8843
Attn: MLE Program
Corev.Tolar@parks.wa.gov
1111 Israel Rd SW
P.O. Box 42650
Administrative Assistant
Olympia, WA 98504-2650
Kendra Harris
Office: 360-902-8832
Physical Address
Kendra lee. Harris@Parks.wa.pov
11834 Tilley Road South
Olympia, WA 98512
Customer Service Specialist
Nick Walsh
Phone: 360-902-8555
Office: 360-902-8849
Fax: 360-586-6602
Mobile: 360-890-2908
Website: GoBoatingWA.com
Nick.Walsh@parks.wa.gov
Page 3 of 18
Washington State Parks & Recreation Commission
Table of Contents
Introduction......................................................................................................................................2
StateParks Boating Program Contacts................................................................................................3
Overview of Agency Eligibility Requirements and Qualifications..........................................................5
Summary of Required Documents and Due Dates....................................................................................................6
Administrative and Financial Requirements........................................................................................7
Annual Agreement — The A-299 Application Form...................................................................................................7
Designated Marine Lead / Conference Attendance / Surveys..................................................................................7
Reporting Recreational Boating Activities and Financial Data..................................................................................8
SOAR—Summary of Activity Reports...................................................................................................................8
Vessel Registration Fee Expenditure Report ........................................................................................................8
SupportingFinancial Documents..........................................................................................................................8
Dedicated Account / Limitations on the Use of Funds / Accountability...............................................................8
Linksto local ordinances...........................................................................................................................................9
Operational Requirements ..................
....................................................................9
Officer / Deputy Qualifications / Training / Training Currency.................................................................................9
Vesselsand Equipment...........................................................................................................................................10
BoatingAccident Reporting.....................................................................................................................................11
BoaterAssistance....................................................................................................................................................12
BoatPatrol (Boat Log Hours)...................................................................................................................................12
Minimum Patrol Hour Goals Based on Agency Size............................................................................................13
Enforcement............................................................................................................................................................13
BoatingSafety Inspections......................................................................................................................................14
Suggested Written Inspections — Minimum Goals.............................................................................................14
Boating Safety Education/ Designated Education Officer/ Deputy.......................................................................14
Education and Outreach Tactics and Suggested Goals.......................................................................................15
WaterwayMarking..................................................................................................................................................17
Accountability..................................................................................................................................17
Audits......................................................................................................................................................................17
Compliance..............................................................................................................................................................18
Page 4 of 18
Washington State Parks & Recreation Commission
Overview of Agency Eligibility Requirements and
Qualifications
Only counties or local public agencies having jurisdiction over waters used for recreational boating and
possessing the authority to enforce the Revised Code of Washington and the Washington Administrative
Code are eligible to apply to receive vessel registration fees. Participating agencies must:
Administrative & Financial Requirements
1. Sign an annual agreement with State Parks.
2. Designate a "Marine Lead": A single point of contact that oversees the day-to-day program
operations, commits to attend the annual marine law enforcement conference, and responds to
surveys sent by State Parks.
3. Designate a "Marine Supervisor": A single point of contact that has administrative authority
over the marine program for the agency.
4. Report recreational boating safety activities and certain financial data to State Parks.
S. Place all vessel registration fees into a dedicated account, agree to spend them only on eligible
expenses and agree to accountability requirements.
6. Provide digital links to all local ordinances regulating recreational boating.
Operational Requirements
7. Employ Officers / Deputies commissioned to enforce Washington state law.
8. Send all marine Officers / Deputies through the Washington State Parks Basic Marine Law
Enforcement Academy.
9. Maintain annual training qualification currency for each participating Officer / Deputy.
10. Provide the appropriate vessels and equipment to carry out the operational requirements.
11. Report all boating accidents that occur within the jurisdiction (that meet minimum criteria)
pursuant to RCW 79A.60.2001 RCW 79A.60.220 and WAC 352-70.
12. Respond and provide assistance to boaters for on -water emergencies, complaints, and
accidents.
13. Commit to a minimum number of hours patrolling the waters used by recreational boaters
during peak boating season.
14. Actively enforce Washington's boating safety laws and regulations.
15. Conduct vessel safety inspections for recreational boaters.
16. Provide a boating safety education and outreach program and designate at least one Officer/
Deputy to receive the Adventures in Boating Instructor training and to manage the program.
17. Place and maintain aids to navigation as legislated buy local ordinances.
Page 5 of 18
Washington State Parks & Recreation Commission
Summary of Required Documents and Due Dates
Document Name
Form Number
Date Due
Request for Boating Program Approval
A-299 / Web form
15 Oct each year
Federal Financial Assistance Grant
Application (If applying)
A-300/Web form
15 Oct each year
B.O.A.T Currency Report
Web form
15 Oct each year
Summary of Activity Report (SOAR)
Web form
Quarterly *
Boating Accident Report (BAR)
A-440
10 days following
accident
Boating Accident Investigation Report
(BAIR)
A-425 (Rev 08/2009)
10 days following
accident / fatality
meeting report criteria
Washington State Vessel Inspection
P&R A-274
Quarterly*
VRF Expenditure Report
Web form
1 Nov each year
Financial System Report
Agency generated
1 Nov each year
VRF Fund Balance Report
Agency generated
1 Nov each year
Boating Safety Surveys
N/A
Varies
* Document is due quarterly and must be submitted by the 15th of the month following the last month of
the quarter (1st Qtr -04/15, 2nd Qtr -07/15, 3rd Qtr -10/15, 4th Qtr. 01/16).
Page 6 of 18
Washington State Parks & Recreation Commission
Administrative & Financial Requirements
Annual Agreement — The A-299 Application Form
Each agency is required sign an agreement with State Parks by submitting a complete A-299 application
form. The A-299 contains several informational fields that must be filled out completely to be
considered and aids in the continued approval of the agency's program. These forms are due each year
by October 15. Agencies must provide information on their current staff, training, an inventory of
vessels, and the anticipated patrol schedule. The form also defines the specific requirements your
agency is committing to in exchange for vessel registration fees. This form, and instructions on how to
fill it out, is located at http://mle.parks.wa.gov/.
Designated Marine Lead / Conference Attendance / Surveys
Each agency has a unique and different operational environment that offer a variety of solutions to
ensure Marine Law Enforcement (MLE) unit operations, enforcement, fiscal and administrative functions
are conducted according to best practices. Some agencies may have a Lieutenant serving the MLE Unit
Supervisor and crew member conducting vessel operations and patrols. Other agencies may have a
Sergeant as a supervisor and different crew member conducting vessel operations.
Recognizing this, State Parks requires each agency to designate a "Marine Lead", which is the person
responsible for the day-to-day operations of its marine program and acts as the point -of -contact with
State Parks on all issues and matters related to that agency's MLE unit. While the Sheriff or Chief of
Police is ultimately responsible for ensuring their agency is meeting all the program requirements, the
Marine Lead is the person implementing their guidance and communicating that to other Marine Unit
members, State Parks, and the public.
The Marine Lead is responsible to:
• Ensure all required reports are completed and submitted to State Parks within due date
guidelines.
• Submit personnel names to attend training courses and conferences.
• Attend the annual fall conference.
• Ensure that B.O.A.T. Currency training is conducted and reported to State Parks.
• Utilize Marine SECTOR within their agency.
• Communicate with State Parks on all matters and issues which may arise around recreational
boating safety and marine law enforcement.
• Respond to surveys from State Parks.
State Parks also requires the agency to designate a "Marine Supervisor", which is the person with
administrative supervision of the agency's MLE program.
Page 7 of 18
Washington State Parks & Recreation Commission
Reporting Recreational Boating Activities and Financial Data
SOAR — Summary of Activity Reports
A Summary of Activities Report (SOAR) form must be submitted at least quarterly to State Parks.
However, agencies are invited to report activities daily, weekly, or monthly. This form, and instructions
on how to fill it out, is located at http://mle.parks.wa.gov/.
Vessel Registration Fee Expenditure Report
This annual report form must be submitted by October 15 each year to State Parks. The form fulfills the
requirements of WAC 352-65-040(9) which requires each participating agency to submit an annual
account of program expenditures showing the amount of vessel registration fees received, spent, and
remaining in their dedicated account. They must also show the amount of "local spending" on
recreational boating safety activities. "Local spending" is the amount agencies spend on the RBS mission
and cannot come from other grant sources. Local spending is required because RCW 88.02.650 specifies
that "[VRF] Funds may not supplant local funds used for boating safety programs". This form, and
instructions on how to fill it out, is located at http://mle.parks.wa.gov/.
Supporting Financial Documents
Every Vessel Registration Fee (VRF) Expenditure Report must be accompanied with the following
reports:
• Financial System Report: A report from the agency financial system (not Excel) showing a
dedicated account for the deposit of state VRF funds received from the Office of State Treasurer
(Enclosure 4).
• VRF Fund Balance Report: A report showing the fund balance of the dedicated account
(Enclosure 5). The VRF fund balance on this system -generated report should match the bottom
line on the VRF report ("Total Remaining Balance of State VRF funds for Fiscal Year")
Dedicated Account / Limitations on the Use of Funds / Accountability
Participating agencies must deposit VRF funds allocated by the state treasurer, under RCW 88.02.650,
into an account dedicated solely for boating safety purposes, which include all activities or expenditures
identified in this section. See the document "Allowable Costs & Expenditures for State Vessel
Registration Fees & Federal Assistance Grants" for a thorough explanation of eligible expenses located
at http://mle.parks.wa.gov/.
Vessel Registration Fees are intended to increase the education and enforcement efforts of local
agencies and stimulate greater local participation in boating safety. They cannot be used to fund any
activities except those that are part of the recreational boating safety mission.
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Agencies may charge actual, direct administrative costs to the VRF account - such as staff hours it takes
to fill out forms, or to maintain the dedicated account - but may not charge administrative fees based on
an estimated percentage.
Participating agencies must maintain accurate annual records of activities and expenditures of their
boating safety programs. Those records must be provided to State Parks consistent with their
agreement, or upon request. The agency must also permit State Parks to audit the use of funds in
accordance with generally accepted audit practices and standards.
Links to local ordinances
When the local jurisdiction adopts ordinances governing recreational boating, the ordinances must be at
least as restrictive, but may be more restrictive than Washington state boating laws and regulations.
Participating agencies must submit a web link to all such ordinances to State Parks using the designated
field in the A-299 Form.
Operational Requirements
Officer / Deputy Qualifications / Training / Training Currency
Participating agencies must provide Officers / Deputies with law enforcement certificates from the
Criminal Justice Training Commission which authorizes them to enforce all boating laws and regulations.
All Officers / Deputies must maintain a current Washington State Peace Officers Certification.
Participating agencies are responsible for acquiring the required training for all RBS Officers / Deputies.
Washington State Parks provides two or more Basic Marine Law Enforcement Academies each year to
help agencies fulfill this requirement. These courses are provided at no charge. They are taught in the
spring - usually one in Western Washington and one in Eastern Washington. Officers / Deputies may
attend other basic boating safety training, if approved by State Parks. Those approved courses are the
Federal Law Enforcement Training Center's (FLETC), Marine Law Enforcement Training Program
(MLETP), or National Association of Boating Law Administrator's (NASBLA) Boat Crewman course (BCM).
Such training must be acquired within one year of initiating a new boating safety program and within
one year for each newly assigned boating safety Officer / Deputy.
Washington State Parks' Marine Law Enforcement Training Academy is accredited through the NASBLA's
Boat Operation and Training (BOAT) Program. As a term of accreditation, State Parks must ensure that
all active marine Officers / Deputies maintain proficiency in basic RBS skills. This is important because
these skills are perishable but critical to operate in a marine environment. All agencies must submit a
BOAT Currency Requirements Report Form for all active personnel listed in the A-299. These reports are
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Washington State Parks & Recreation Commission
submitted at least annually with the A-299 but may be updated throughout the year. This form, and
instructions on how to fill it out, is located at http://mle.parks.wa.gov/.
Agencies which have not completed all currency training tasks required may submit a statement of
explanation and attach it to the A-299 form. State Parks recognizes that many different circumstances
could prevent training from being completed (wildfires, maintenance issues, staffing shortfalls, etc.).
Each circumstance will be evaluated on its own merits.
Agencies are required to list any additional training courses their personnel have completed on the A-
299 web form. This helps State Parks in maintaining an up-to-date database of marine law enforcement
capabilities across the state and helps identify training subjects and courses that are needed, but not
offered within the state.
Vessels and Equipment
Agencies must supply the necessary boating safety patrol equipment, including vessels capable of
serving the minimum requirements outlined in this guidance. Patrol vessels must be properly marked
and properly equipped as provided in chapter 88.02 RCW and chapter 352-60 WAC. Agencies are also
required to provide State Parks with an inventory of all vessels along with details for how they are
equipped each year by filling out the A-299 form. Information required on that form includes:
• Vessels: State Parks requires the following data on each vessel:
o Vessel name
o Manufacturer
o Radio equipped (Y/N): Radio equipped means the vessel has an agency radio installed
or "hardwired". Non -radio equipped boats are vessels that do not have radios installed.
Portable radios may be carried on these boats, but they would be considered non -radio
equipped. Examples include personal watercraft, drift boats, Jon boats, kayaks, and
inflatable rafts (motorized or non -motorized).
o SECTOR equipped (Y/N): SECTOR equipped boats are the patrol vessels in your agency
that are SECTOR equipped with a computer or tablet plus printer and scanner (installed
or "hardwired" to include portable cased units). Non -SECTOR equipped boats are
vessels that do not have a computer, tablet, printer installed or if these are not carried
aboard as a cased kit.
o Model
o Length
o Propulsion type
o Horsepower
o Year
o Funds used to purchase the vessel (local, state, or federal)
o Percent of time employed for the RBS mission.
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Washington State Parks & Recreation Commission
NOTE: Vessels purchased with state or federal dollars must be sold at the end of their useful life,
consistent with the local agency's policies and procedures. Once a vessel is sold it should be
removed from the Patrol Vessel list as quickly as possible. If the agency is selling a vessel that
was purchased with federal grant dollars provided by State Parks you must notify State Parks
60 days in advance of the sale date.
• Vehicles (trucks, cars, SUVs, ATVs): The number of other patrol vehicles assigned to the marine
services unit and the percentage they are used for RBS activities.
o Vehicle type
o Manufacturer
o SECTOR/Radio equipped
o Model
o Year
o Funds used for purchase.
o Percent of time employed for the RBS mission.
• Aircraft: The number of aircraft in your agency and the percentage they are used for RBS
activities.
o Aircraft type
o Manufacturer
o SECTOR/Radio equipped
o Model
o Year
o Funds used for purchase.
o Percent of time employed for the RBS mission.
• Equipment valued at $5000.00 (i.e., engines, electronics, etc.): Agencies are required to update
their inventory of durable items defined as having a cost or value of $5000.00 or more. Only
items listed under "allowable expenses" are permitted (see "Allowable Expense Guidance"
document for full details).
o Type of equipment
o Manufacturer
o Model
o Year
o Funds used for purchase (local, state, federal)
Boating Accident Reporting
Participating agencies are required to submit accident reports to State Parks in compliance with RCW
79A.60.200, RCW 79A.60.220 and WAC 352-70.
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Washington State Parks & Recreation Commission
For any boating accident resulting in a death or injury requiring hospitalization, each participating
agency must:
• Notify State Parks within 48 hours of becoming aware it.
• Fill out and submit a complete Boating Accident Investigation Report (BAIR — form number A-
425) within ten days of the occurrence.
• Include the results of any other investigation conducted by the agency.
• Submit any coroner's reports concerning the death of any person resulting from the boating
accident, within one week of completion.
Participating agencies must also submit a Boating Accident Report (BAR —form number A-440) within 10
days of the occurrence to State Parks for any boating accident:
• Resulting in a death, OR
• An injury requiring hospitalization, OR
• Damage to any vessel or property of two thousand dollars or more, OR
• A vessel is a complete loss, OR
• A person disappears from the vessel under circumstances that indicate death.
Boater Assistance
The local municipality will have the ability to respond or coordinate response to boating emergencies
which occur within their jurisdiction. Furthermore, agencies must document each occurrence and report
it to State Parks through the Summary of Activity Report (SOAR) at least quarterly using the following
definitions:
• Search and Rescue/Recovery—Search and rescue (SAR) is defined as a water -borne response
(including aircraft) involving a person or vessel in peril. Agencies should only report SAR cases
on the Summary of Activity Report (SOAR) that were assigned a case number by their agency or
a USCG MISLE Case ID Number and an Urgent Marine Information Broadcast (UMIB) initiated by
the USCG. Agencies should not report assists (defined below) as SAR cases.
• Assist — An "Assist" is defined as aid where there is no immediate danger to the vessel or its
occupants. This includes vessels involved in boating accidents, disabled, aground, out of fuel, or
otherwise unable to reach a safe mooring under their own power. Assistance may include
providing a tow, jump start, re -floating, re -righting, fuel, repair, repair parts, assisting persons in
the water, etc. This does NOT include the salvage of a vessel once abandoned or commercial
vessels. Report the number of vessels assisted and the number of persons assisted on the SOAR
report.
Boat Patrol (Boat Log Hours)
Boat patrol (Boat Log Hours) are those hours that the patrol vessel was actually on the water patrolling.
Participating agencies must submit a patrol schedule (with the A-299) that demonstrates they are
patrolling waters within their jurisdiction during peak recreational hours. They must also patrol a
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Washington State Parks & Recreation Commission
minimum number of hours per year. See the note below.
Minimum Patrol Hour Goals Based on Agency Size
• Small agencies - 133 hours
• Medium agencies - 255 hours
• Large agencies - 436 hours
NOTE: State Parks recognizes that Washington State experiences a diverse boating season. Various areas
of the state have increased boating activities due to recreation fishing, hunting and pleasure crafting.
Because of its diverse landscapes and seasons, State Parks acknowledges that the traditional peak
boating season remains during the time between Memorial Day and Labor Day but is not exclusive to
that time frame. State Parks has collected data for patrol hours performed by all participating over a
period of years and has established the average boat log hours for agencies based on jurisdiction
population size according to the U.S. Census. Patrol hours can be a combination of Boat Log and Ramp -
side hours.
Patrol hours is considered a critical metric. It is used by State Parks to determine if an
agency is complying with the minimum requirements. Failing to achieve the minimum
number of hours of patrol (based on size) could be a factor in determining ineligibility for
vessel registration fees.
Example patrol schedule
Boat Patrol Schedule
Mon
Tue
Wed
Thur
Fri
Sat
Sun
Patrol
Hours
# of
Officers /
Deputies
# of
Vessels
Patrol Season Beginning Date
Patrol Season Ending Date
Enforcement
Participating agencies must enforce safety equipment, vessel operation, noise level, navigation, harbor
improvements (as authorized and placed through local ordinances), and registration laws as specified in
Title 88 RCW, and as specified in local codes or ordinances. Agencies must also document and report the
numbers of warnings and citations they issue for each type of boating violation in the Summary of
Activity Report — except those issued through SECTOR.
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Washington State Parks & Recreation Commission
State Parks recommends zero tolerance policy in the enforcement of mandatory boater education card
carriage, life jacket wear/carriage, boating under the influence and rules of the road violations. Officers /
Deputies should strongly consider issuing citations for violations of these laws in all circumstances.
The SECTOR system should be used to issue boating citations and warnings. State Parks will no longer
accept mailed -in paper inspection forms, although State Parks will continue to provide paper inspection
forms to agencies for internal use.
Boating Safety Inspections
Participating agencies must complete written boating safety inspections during enforcement and
informational contacts when considered safe and appropriate to document boater compliance with
state boating laws. State Parks will provide boating safety inspection forms. Copies of the completed
inspections must be submitted to State Parks for statistical purposes. Inspections conducted in SECTOR
do not have to be reported to State Parks.
NOTE: We will not accept paper inspection forms after January 1, 2019. All inspections must be
submitted using SECTOR.
State Parks has calculated suggested minimum goals for the number of boating safety inspections an
agency performs in a boating season based on size.
Suggested Written Inspections — Minimum Goals
• Small, 92
• Medium, 283
• Large, 372
Boating Safety Education / Designated Education Officer / Deputy
Participating agencies must have a boating safety education and information program. At a minimum,
they must designate an Officer / Deputy, trained by State Parks, to coordinate the activities of boating
safety education instructors, act as liaison to boating education organizations and to coordinate:
• Boating safety presentations, which may include presentations to primary and secondary school
children, boating organizations, or youth groups.
• Boating safety instruction meaning a public course of instruction using the Adventures in
Boating materials from State Parks, or other state or nationally recognized curriculum approved
by State Parks.
• Distribution of boating safety information, including materials provided by State Parks, to
boating and outdoor recreation organizations, the boating public, public agencies, and local
media.
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Washington State Parks & Recreation Commission
NOTES
• Any Officers/ Deputies designated as Certified Boating Education Instructors must be listed as
Instructors qualified for the Adventures in Boating course by the State Parks Education and
Outreach coordinator.
• State Parks considers education and outreach activities a key component of preventing boating
injuries and fatalities. Classroom instruction, school presentations and participation in
community events, Dealer and Rental site visits, and effective use of media are crucial to
preventing boating accidents and fatalities. Agencies are not required to engage in all education
and outreach activities described below but should pursue a mix of tactics appropriate for their
area of operation.
Education and Outreach Tactics and Suggested Goals
• Education Classes: Classroom instruction of the Adventures in Boating course sanctioned by
Washington State Parks that qualifies passing students to obtain a Mandatory Boater Education
Card.
■ Small = 15 students, 1 Class
■ Medium = 20 students, 1 Class
■ Large = 50 students, 1 Class
• Boating Safety Presentations to Groups: Presentations to various groups such as yacht clubs,
kayak clubs, anglers, and any groups that use boats on the water.
■ Small = 10 hours
■ Medium = 15 hours
■ Large = 25 hours
• Boating Safety Presentations to Schools: Presentations to local public and or private schools K-
12, and colleges / universities.
■ Small =10 hours
■ Medium = 15 hours
■ Large = 25 hours
• Vessel Rental Site Visits: Visits to local vessel rental sites intended to ensure employees and
renters are following guidance on the Motor Vessel Rental Safety Checklist. These can also be
site visits to businesses that rent out kayaks, canoes, stand-up paddleboards, or other small non -
motorized craft. The intent of visits in this case is to emphasize basic safety behaviors such as
encouraging renters to always wear a life jacket and encouraging boating in low hazard areas.
■ Small = 2
■ Medium = 4
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Washington State Parks & Recreation Commission
■ Large = 6
• Participation in Community Events: Events like county fairs, parades, and night outs that reach
large numbers of community members. A qualified event requires face-to-face interaction with
community members. Participation in regattas, races, or opening days where there is little or no
face-to-face interaction between Officers / Deputies and community members does not count
as a "Community Event". Also, maintaining a screen line or security area at an on -water event
does not count for reporting event hours on the SOAR.
■ Small = 40 hours
■ Medium = 150 hours
■ Large = 275 hours
• Vessel Dealer Site Visits: Visits to vessel dealerships and brokers to ensure they are following
dealer registration laws, educate them on any safety issues with type of vessels they sell, and
checks that required safety equipment is on board during test rides and sea trials. Dealers
should also be encouraged to remind their customers of the mandatory boater education
requirement.
■ Small = 5
■ Medium = 10
■ Large = 15
• Professional Prevention Partners (Safe Kids, Power Squadron, USCG Auxiliary, etc.): Engaging
partners can multiply the effectiveness of a marine law enforcement program's by increasing
their area of influence and leveraging the resources of partners. Partnering activities include
meetings, conference calls, event participation, and actual on -water time. Agencies should
report the hours that Prevention Partners spend conducting RBS activities.
■ Small = 1
■ Medium = 3
■ Large = 5
Media Contacts: (This section only applies to Federal Financial Assistant Grant recipients). The intent is
for agencies to distribute recreational boating safety content through their own social media channels,
the social media channels of their partners, or the news media.
• Owned Media: This is the number of hours spent on this activity and the number of posts or
articles distributed through communication channels that are owned and managed by the
agency like the agency website, social media channels (Facebook, Twitter), newsletters, etc.
■ Small = 4
■ Medium = 8
■ Large = 16
• Earned Media: This is the number of hours spent on this activity and the number of articles
broadcast through media channels that are not managed by the agency. Examples include
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Washington State Parks & Recreation Commission
stories in the newspaper, radio, and television. Agencies should also count the number of
recreational boating safety posts on the social media channels of partner organizations when
the agency can show that the posts are the result of interaction with that partner.
■ Small = 4
■ Medium = 8
■ Large = 16
Campaigns: See SOAR for reporting requirements. Goals for all agencies, regardless of size, is
participation in these campaigns. The State Parks Recreational Boating Safety communications staff will
distribute content to all agencies for each of the campaigns making participation quick and simple.
These campaigns can have a powerful impact if all agencies participate.
■ Operation Dry Water campaign is a national campaign focused on the deterrence of
boating under the influence. Participation in this campaign is mandatory for all agencies
that receive a federal assistance grant. It is a combination of emphasis patrols and
media the weekend before the Fourth of July.
■ Spring Aboard Campaign was a national campaign but is now a state campaign designed
to encourage all boaters to take a recreational boating safety class. It occurs in late
March.
■ National Safe Boating Week is a nationally observed week focused on encouraging all
boaters to wear their lifejackets and other best practices for optimal safety. In addition
to media posts, agencies are encouraged to participate in "Wear IT" events. This
campaign is sponsored by the National Safe Boating Council.
■ Safe Paddling Week is a campaign sponsored by the Washington State Parks
Recreational Boating Safety Program. The purpose of the week is to elevate awareness
around basic paddling safety behaviors such as always wearing a PFD, obtaining training,
etc.
Waterway Marking
Participating agencies should report the total number of Aids to Navigation (ATONs) that they are
responsible for within their jurisdiction on the SOAR. Do not count ATON's emplaced / maintained by
the USCG, Corps of Engineers or other Federal agencies. The county or local jurisdiction will use only
those waterway markers which conform to the uniform state waterway marking system as identified,
found in chapter 352-66 WAC.
Accountability
Audits
All agencies will be audited on a periodic rotating basis. When your agency is slated for an audit, the
State Parks Marine Law Enforcement Coordinator will contact your agency to schedule a time. You will
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Washington State Parks & Recreation Commission
be sent a list of documents and questions that you will need to prepare before the audit. Audits are a
review of the performance and accomplishments to measure and evaluate compliance with the terms of
the agreement with State Parks.
Compliance
If it is determined that a participating agency is not in compliance with the minimum requirements of
the agreement, the State Parks Marine Law Enforcement Coordinator will notify the agency through a
Non -Compliance Warning Letter and cite the wording of the agreement. The letter will request the
agency responds with a plan to remedy the deficiency per WAC 352-64-060 (3): Revocation of approval
"Those counties or local jurisdictions unable to demonstrate compliance with minimum approval
requirements will have forty-five days to submit a plan satisfactory to state parks to remedy the
deficiencies. if, after forty five days, a county or local jurisdiction is unable to demonstrate its ability to
meet minimum requirements, state parks may revoke the program approval after the county or local
jurisdiction has had an opportunity for a hearing under chapter 34.05 RCW, the Administrative
Procedure Act."
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Exhibit F
2023 Marine Law Enforcement Patrol Vessel
Replacement Grant
Notice of Funding Opportunity Number: 2022-01
Federal Program: State Recreational Boating Safety Grant Program
Authorizing Legislation: Code of Federal Regulations 2 CFR, and Washington Administrative Code.
Paperwork Reduction Act Statement: We are collecting this information in accordance with the
authorizing legislation identified above. Your response is required to obtain or retain a benefit. We will
use the information you provide to conduct a review of the applications and select projects for funding
and, if awarded, to evaluate performance. We estimate that it will take you on average about 40 hours
to complete an initial application, 8 hours to revise the terms of an award, and 8 hours per report to
prepare and submit financial and performance reports, including time to maintain records, and gather
information. Actual time for these activities will vary depending on program -specific requirements.
SUBMISSION DEADLINE: June 30,2022; 5:OOPM Pacific Standard Time
Notice of Funding Opportunity
1. Program Description
The Department of Homeland Security, through the United States Coast Guard (USCG)
administers the State Recreational Boating Safety Grants (RBS Grants) to state agencies for the
purpose of furthering recreational boating safety. Washington State Parks and Recreation
Commissions (WSPRC ) is a pass-through agency for those grant funds and is seeking proposals
and applications from Washington State approved Marine Law Enforcement programs to
strengthen Washington State Parks and USCG strategic recreational boating safety mission. A key
part of that mission is marine law enforcement. The Marine Law Enforcement Patrol Vessel
Replacement Grant Program is a competitive grant that is directed at providing funding for marine
law enforcement agencies to purchase a primary patrol vessel replacement with the intent of
increasing the organizations' ability to provide reliable and regular marine law enforcement
patrols. This Notice of Funding Opportunity is a onetime competitive grant through which four (4)
awards will be made.
Submission Instructions
All proposals and required information from the Application Checklist are to be submitted to the
Washington State Parks Boating Program by June 30, 2022, 5:OOPM Pacific Standard Time to:
Cheri Peel, 1111 Israel Road SW, Olympia, WA 98504. Applicants are encouraged to submit
complete proposal packages early. In order to be considered for funding, all documents must be
received USPS posted marked by the deadline.
Minimum
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If you have any issues with the electronic documents, please contact Cheri Peel at
cheri.12eelgi2arks.wa.gov.
The objective of the funding is to meet the United States Coast Guard financial assistance priorities
a. Creating a safe recreational boating environment.
i. Utilize available data and area activity identify marine law enforcement best
practices to achieve WSPRC and USCG recreational boating safety missions.
ii. The Marine Law Enforcement Patrol Vessel Replacement Grant (MLEPVRG)
program will fund the purchase of a primary patrol vessel replacement up to
$150,000.00 of the purchase price. The replacement is based in part on the age of the
current primary patrol vessel, maintenance and operational costs, area of
responsibility as well as the specific needs of the law enforcement agency.
b. Restoring trust with local communities
i. Be a better neighbor with those closest to our recreational boating resources
by improving dialogue and relationships with persons utilizing those
resources.
ii. Expand the lines of communication with neighboring marine law enforcement
agencies and work together to promote recreational boating safety.
iii. The intent of the MLEVRG program is to provide marine law enforcement
agencies a new and up-to-date platform from which to conduct marine patrols and
interact with the boating public.
iv. Partnerships are designed to build positive interactions and to enhance compliance
with recreational boating laws. Using the new patrol vessel, marine law
enforcement agencies are encouraged to conduct educational outreach and solicit
support for the program. Partnerships will facilitate open communication and the
exchange of information while respecting one another's values and knowledge.
v. Develop and maintain creditability and open communication with partners in
recreational boating safety compliance.
vi. Provide outreach and education to facilitate working together with stakeholders to
bettereducate them in their knowledge of recreational boating safety.
vii. Strengthen existing or develop new collaborative management
relationships between stakeholders.
viii. Provide and promote opportunities for youth awareness and engagement in
recreational boating safety.
2. Minimum Requirements for Replacement Vessel
a. Hull must be made of welded aluminum
b. Vessel must be equipped with inboard/outboard or outboard propulsion in either jet or
propeller drive. Inboard propulsion is prohibited
c. Maximum vessel length no longer than twenty-nine feet, six inches (29.5')
d. Minimum vessel length no less than eighteen feet (18')
e. Vessel must be fully equipped with police radio communications
L Vessel must be fully equipped to operate a laptop, tablet, or other device capable of running
Statewide Electronic Collision & Ticket Online Records (SECTOR)
g. Vessel must be fully signed as a law enforcement vessel and equipped with blue emergency
lights and siren
h. Applicants must be in good standing with Washington State Parks Boating Program
3. Federal Award Information
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a. The WSPRC Boating Program will award four (4) Federal Financial Assistance pass-
through grants because of selections made from this request for proposals. The anticipated
start date is October 1, 2022 but may be later depending on the project. Approved Marine
Law Enforcement programs are eligible to compete for new awards. These awards will be
in additional to any other Federal Financial Assistance Grant the approved program is
entitled to. Up to $150,000.00 will be awarded per grant on or about October 1, 2022.
This is a onetime grant opportunity and is not reoccurring. A minimum of 25% of the total
award amount is required as match. This award includes only those costs related to the
purchase and equipping of a new patrol replacement for the agencies primary patrol
vessel. The grant is not intended to increase the agencies fleet but to replace the primary
patrol vessel.
b. Awards will be made as Federal Financial Assistance pass-through grants to meet federal
and state guidelines:
c. Responsibilities will include:
i. Evaluate applications submitted by approved marine law enforcement programs.
ii. Participate and collaborate jointly with the recipient in carrying out the scope of
work.
iii. Aid in guidance of approved law enforcement applicants to meet the
requirements of the application process.
iv. Help present program accomplishments to the WSPRC, USCG and the public.
v. Site visits will be performed to ensure program objectives are being met.
4. Eligibility Information
a. Eligible Applicants:
i. Applications must be a Washington State Parks approved marine law enforcement
program as required by the Washington Administrative Code, 352-65. Eligible
applicants submitting proposals should have the necessary technical and
administrative abilities and resources to ensure successful execution of the
program. The marine law enforcement patrol vessel replacement grant funding is
intended to provide approved marine law enforcement agencies the opportunity to
replace an aged or high cost to operate patrol vessel. It is also intended to provide a
funding source for agencies that might not otherwise have the financial resources
to secure a new replacement patrol vessel. This funding opportunity is intended to
replace an agency's primary patrol vessel and not add to the agency's patrol fleet.
5. Cost Sharing or Matching:
a. Cost sharing or matching of twenty-five percent (25%) is required for this funding
opportunity. Applicants must demonstrate the ability to match up to $37,500.00 in actual
monetary resources. "In-kind" donations will not satisfy the match requirement.
6. Other Eligibility Criteria:
a. Unique Entity Identifier Registration: All applicants are required to obtain a Data
Universal Numbering System (DUNS) number from Dun & Bradstreet to submit a grant
application. See the "Submission Requirements" section of this document below for more
information on DUNS numbers and how to obtain them. Agencies may use a Unique
Entity Identifier (UEI) that is created through SAM. Agencies can create their UEI
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through the following link: https://www.gsa.gov/about-us/organization/federal-
acquisition-service/office-of-systems-management/integrated-award-environ ment-
iae/iae-systems-information-kit/unique-entity-identifier-update
b. Prohibition on Issuing Awards to Entities that Require Certain Internal
Confidentiality Agreements: Domestic (U.S.) non -Federal entities requiring their
employees or contractors to sign internal confidentiality agreements or statements that
prohibit, or otherwise restrict, such employees or contractors from lawfully reporting waste,
fraud, or abuse to a designated investigative or law enforcement representative of a federal
department or agency authorized to receive such information are not eligible to compete for
or receive a federal award. See Pub. L. 113-235, Title VII, Division E, Section 743 for more
information.
c. Excluded Parties: Law enforcement agencies who are not an approved marine law
enforcement program as authorized by Washington State Parks Boating Program are not
eligible to apply for this grant.
7. Application Requirements:
DO NOT MERGE INDIVIDUAL DOCUMENTS INTO A SINGLE PDF FILE
8. Application Form and Content Requirements
a. Applicants must submit the following:
i. Applicants must submit the Marine Law Enforcement Patrol Vessel Replacement,
Federal Financial Assistance Grant Application as provided with this funding
announcement. All required attachments must accompany the grant application.
9. Project Narrative
a. Public Need - Recreational Boating Safety Need Narrative: Describe how the
replacement of your primary patrol vessel will assist your program in addressing
recreational boating safety This narrative should at a minimum address 1) a -f on the
application form. It is recommended that any additional information you want the
reviewing committee to use in the evaluation of your application to be included in the
narrative. Information on past program performance or lack thereof because of the
primary patrol vessel's operability would be beneficial.
b. Public Benefit - Recreational Boating Safety Benefit Narrative: Describe how your
project will result in measurable benefits for the recreational boating community. Items 2)
a -c must be addressed in the Recreational Boating Safety Benefit Narrative. Supporting
data should be included to help evaluate the application and support your estimates. In
addition, the applicants plan of action regarding staffing shortages and the effect they have
on marine patrols should be explained in this section. The applicant must demonstrate
that despite manpower shortages, marine patrols will continue to meet the minimum
standards as established through the Intergovernmental Agreement establishing the
agency as an approved marine law enforcement program.
c. Cost Benefit - Cost Benefit Narrative: Describe how your project will be implemented
to provide the greatest cost benefit ratio. The applicant's narrative should include an
explanation of how the use of federal funds will benefit the recreational boating
community. How will the use of federal and local matching funds be utilized to ensure a
financially feasible investment into recreational boating safety in Washington state. The
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narrative should also explain the how the applicant will be good stewards of public funds
to include long term goals for the replacement vessel and the commitment to recreational
boating safety.
d. Partnerships and Project Support - Partnership and Project Support Narrative:
Describe the monetary and non -monetary support secured to help implement your
project. Describe the commitments from the local government for the application and
acceptance of the grant application, conditions, and financial obligations. Explain how
the applicant engaged with local community groups and partners to support the purchase
of a replacement patrol vessel. Explain if the applicant secured additional funding, other
than governmental funding, to enhance this project. In addition, address 4) a -c in the
narrative. Supporting documents are a requirement of this funding opportunity and are
described in part VI of the application.
e. Program Monitoring and Evaluation - Program Monitoring and Evaluation
Narrative: Detail the monitoring and evaluation plan for the program. Building on the
stated program objectives, sections 1)-4), describe tactics to be used to measure and
evaluate the effectiveness of the project by identifying what you will measure (i.e.,
quantitative/quantifiable indicators) and how you will measure (i.e., methods, sample
size, survey tools). Detail the expected direct effect(s) of the program on the recreational
boating public.
10. Timeline & Approach:
a. Describe the overall approach to who, what, where, when and how of the actions your
project will require. Be as specific, measurable and time bound as possible. It is helpful to
provide a list of key milestones (e.g., official quotes, match commitment letter, agency head
commitment letter, delivery timeline, invoicing deadlines, etc.). A bulleted list is acceptable
for this section. Be sure to address:
i. Your target date to start the project
ii. Your target date to complete the project
iii. What week(s) or month(s) purchases and construction will occur
iv. Expected delivery date of the new vessel
v. When do you anticipate securing a quote
11. Budget Narrative:
a. Submit a detailed budget using the Excel budget table template provided with this funding
opportunity and application packet. In a separate narrative titled "Budget Narrative",
explain, and justify all requested budget items/costs. Detail how the Marine Law
Enforcement Patrol Vessel Replacement, Federal Financial Assistance Grant budget
worksheet totals were determined and demonstrate a clear connection between costs and
the proposed program activities. For personnel salary costs, include the base -line salary
figures and the estimates of time (as percentages) to be directly charged to the program.
b. Itemize all budget items in sufficient detail to enable reviewers to evaluate the
appropriateness of the funding requested. Budget items should be characterized as direct
(such as salary, benefits, travel, vessel purchase costs, equipment costs).
12. Conflict of Interest Disclosure
a. Applicants must state in their application if any actual or potential conflict of interest
exists at the time of submission. Conflicts of interest include any relationship or matter
that might place the recipient, including their employees and subrecipients, in a position of
conflict, real or apparent, between their responsibilities under the award and any other
outside interests. Conflicts of interest include direct or indirect financial interests; close
personal relationships; positions of trust in outside organizations; consideration of future
Page 5 of 17
employment arrangements with a different organization; and decision-making authority
related to the proposed project. Conflicts of interest are those circumstances real or
perceived that would cause a reasonable person with knowledge of the relevant facts to
question the impartiality of the applicant, or the applicant's employees or subrecipients, in
matters pertaining to the proposed project. Applicants must notify the Washington State
Parks Boating Program in writing in their application if any employees, including
subrecipient and contractor personnel, are related to, married to, or have a close personal
relationship with any state employee in the state program receiving this application or who
otherwise may be involved in the review and selection of their proposal. The term
employee means any individual to be engaged in the performance of work pursuant to the
Federal award application. Failure to disclose and resolve conflicts of interest in a manner
that satisfies the Washington State Parks Boating Program may result in the rejection or
disqualification of the application.
13. Single Audit Reporting Statements:
a. All U.S. states, local governments, federally recognized Indian tribal governments, and
non- profit organizations expending $750,000 USD or more in Federal award funds in the
applicant's fiscal year must submit a Single Audit report for that year through the Federal
Audit Clearinghouse's Internet Data Entry System. U.S. state, local government,
federally recognized Indian tribal government, and non-profit applicants must state if
your organization was or was not required to submit a Single Audit report for the most
recently closed fiscal year. If your organization was required to submit a Single Audit
report for the most recently closed fiscal year, provide the EIN associated with that report
and state if it is available through the Federal Audit Clearinghouse website.
14. Certification Regarding Lobbying
a. Applicants requesting more than $100,000 in Federal funding must certify to the
statements in 43 CFR Part 18, Appendix A -Certification Regarding Lobbying If this
application requests more than $100,000 in Federal funds, the Authorized Official's
signature on the appropriate Marine Law Enforcement Patrol Vessel Replacement, Federal
Financial Assistance Grant application form also represents the entity's certification of the
statements in 43 CFR Part 18, Appendix A.
15. Application Checklist
DO NOT MERGE THE BELOW LISTED (❑) DOCUMENTS INTO A SINGLE PDF FILE
a. Marine Law Enforcement Patrol Vessel Replacement, Federal Financial Assistance Grant
Application
b. Budget Worksheet
c. Photograph of Proposed Vessel
d. Vicinity Map
e. Optional
i. Maps or photographs of
ii. Intended patrol area
iii. Marinas, boat launches, boating campgrounds
Page 6 of 17
iv. Mooring buoys
v. Bodies of water with a high concentration of boating accidents
E Letter of commitment from local governing authority indicating the availability of monetary
resources
g. Letter of commitment from agency head
h. Letter of commitment to accept grant by local governing authority
i. Quotes
j. Failure to provide complete information may cause delays, postponement, or
rejection of the application.
16. Submission Requirements
a. Unique Entity Identifier Registration
i. All applicants are required to obtain a Data Universal Numbering System (DUNS)
number from Dun & Bradstreet and provide that number in the application; There
is NO COST to register with Dun & Bradstreet. There are third -party vendors
who will charge a fee in exchange for registering entities with Dun & Bradstreet.
Applicants may also obtain and use the Unique Entity Identifier (UEI) in lieu of
the DUNS number.
b. Obtain a DUNS Number
i. Request a DUNS Number through the Dun & Bradstreet website. The official
website address is http://fedgov.dnb.com/webform. For technical difficulties, send
an email to the D&B SAM Hela Desk. Grants.gov "Obtain a DUNS Number"
webpase also provides detailed instructions. Once assigned a DUNS number,
your organization must maintain up-to-date information with Dun & Bradstreet.
This process does not apply to those applicants who already have a DUNS
number. Applicants must enter their DUNS number in the "DUNS #" field the
application form
ii. A UEI number may be obtained through the following link:
https://www.gsa.gov/about-us/organization/federal-acquisition-service/office-of-
system s-management/integrated-award-env ironment-iae/iae-systems-information-
kit/un ique-entity-identifier-update
17. Submission Dates and Times: June 30,2022; S:OOPM Pacific Standard Time
18. Submission Instructions:
a. A series of informational teleconferences will be held for all interested individuals. The
teleconferences will provide an opportunity to learn more about the program, application
process and funding agreement. A schedule of teleconferences will be provided via email
with the appropriate links. The aim of the teleconferences will be to:
i. Introduce the Marine Law Enforcement Patrol Vessel Replacement, Federal
Financial Assistance Grant Program
ii. Review the application process and requirements
iii. Eligible Costs
iv. Review Panel and Evaluation Criteria
19. To submit an application:
a. Format all your documents to print on Letter size (8 'Yz" x I I") paper. Scanned documents
Page 7 of 17
should be scanned in Letter format, as black and white images only. Where possible, save
scanned documents in pdf format. All applications and supporting documents must be
mailed via USPS. Mail your submission package to: Washington State Parks Boating
Program, Attention Cheri Peel, 1111 Israel Road SW, Olympia, WA 98504
b. The required Marine Law Enforcement Patrol Vessel Replacement, Federal Financial
Assistance Grant Application and any other required standard forms MUST be signed by
your organization's authorized official.
20. Proof of Timely Submission
a. All applications must be USPS post marked no later than June 30, 2022, at 5:00 p.m.
Pacific Standard Time. Any application received after that time will not be considered.
21. Application Review Information
a. Criteria: To be considered for funding, applications will be evaluated on how the
proposal program addresses the five following criteria:
i. Proposed Work — evaluate the adequacy of the proposal, including the
goals, objectives, timelines, milestones, and deliverables.
ii. Strategic Priority — evaluate how the proposed work addresses significant
federal and state recreational boating safety priorities.
iii. Capacity to complete work — evaluate administrative and technical capacity of
the applicant to successfully accomplish the objectives.
iv. Cost/Price Factors — proposals will be evaluated for reasonableness. Total costs
will be taken into consideration and those proposals found to be most
advantageous to the Government will be rated higher.
v. Sustainability — applicant organization's ability to continue the program goals
beyond the grant funding and to accomplish long-term meaningful participation
in state and federal recreational boating safety missions.
vi. Previous performance on current or past cooperative agreements with the
Washington State Parks Boating Program. Applicants that have received funding in
the past will be evaluated and ranked on their past performance including fulfillment
of meeting the deliverable deadlines.
22. Review and Selection Process:
a. Proposals will be reviewed and evaluated by a six to ten professionals from government,
non-government, marine law enforcement professionals, grant review professionals and
non-profit organizations with a history of partnerships and capacity building. This panel
will provide evaluation, technical oversight, and strategic direction to the Marine Law
Enforcement Patrol Vessel Replacement, Federal Financial Assistance Grant Program.
Based on the above criteria, funding recommendations will be made for each proposal.
b. Due to limited funding or for other reasons, the program may negotiate selected project
scopes of work and budgets prior to award. If negotiations are initiated, applicants will
have to submit a revised application form and narratives prior to award. The Washington
State Parks Boating Program will make awards based on final, approved applications that
parallel their awards in scope and funding amount.
c. The Washington State Parks Boating Program may not make a federal award to an
applicant that has not completed the DUNS registration or the UEI registration. If an
Page 8 of 17
applicant selected for funding has not completed their DUNS number registration or UEI
registration by the time they submit their application to the Washington State Parks
Boating Program, the application will not be considered. The program can use that
determination as a basis for making an award to another applicant.
d. Prior to award, the Washington State Parks Boating Program will evaluate the risk posed by
applicants as required in 2 CFR200.205. The Washington State Parks Boating Program uses
the results of the risk evaluation to establish monitoring plans, recipient reporting frequency
requirements, and to determine if one or more of the specific award conditions in 2 CFR
200.207 should be applied the award.
23. Federal Award Administration
a. Award Notices: Following review, applicants may be requested to revise the project
scope and/or budget before an award is made. Successful applicants will receive written
notice in the form of a notice of award document. Notices of award are typically sent to
recipients by e-mail. If e-mail notification is unsuccessful, the documents will be sent by
USPS. Award recipients are not required to sign/return the Notice of Award document.
The recipient will receive a contractual agreement from the Washington State Parks
Contracts Department. The recipient will be required to sign two contractual agreements
and return both to the contracts department pursuant to their instructions. Awards are
based on the application submitted to, and as approved by, the Washington State Parks
Boating Program. The notice of award document will include instructions specific to each
recipient on how to request payment. If applicable, the instructions will detail any
additional information/forms required and where to submit payment requests.
NOTE: Applicants whose projects are not selected for funding will receive written notice by e-mail,
within one month of the final review decision.
24. Award Terms and Conditions: See the Washington State Parks Boating Program "Federal
Financial Assistance Grant Award Contract" for the administrative and governing policy
requirements applicable to Washington State Parks Boating Program awards.
25. Payments:
a. This grant operates on a reimbursement basis for approved expenditures. The recipient
has indicated that they have the ability to make any purchases through their own budget
resources. The recipient will be required to complete form A-19 Invoice Voucher and
attach the appropriate invoices. Those documents will then be sent to the Boating
Program for review and authorization. Once authorized, the requests will be forwarded to
the Boating Programs Fiscal Lead and then to Washington State Parks accounts payables.
26. Reporting Requirements:
a. Financial Reports
i. All recipients must use form A-19 to request reimbursement for allowable
expenditures under this grant. The request for reimbursement must also include an
invoice of purchase from the vendors. All recipients must submit their final A-19
and invoices no later than October 31, 2023. Reimbursement requests submitted
after that date without prior authorization will not be considered.
b. Performance Reports
i. Performance reports must contain a comparison of actual accomplishments with the
established goals and objectives of the award; a description of reasons why
established goals were not met, if appropriate; and any other pertinent information
Page 9 of 17
relevant to the project results. The Performance reports must be submitted in
narrative form and agency letterhead and are to be submitted on a quarterly basis.
The performance report must be submitted within 15 days of the quarter's end date
of the quarter they are being submitted for. All recipients must submit a final
performance report. Final reports are due no later than 90 calendar days after
September 30, 2024.
c. Quarterly Technical Reports
i. Quarterly technical reports are primarily used to brief the Washington State Parks
Boating Program Marine Law Enforcement Coordinator on project progress,
accomplishments, and lessons learned as related to the goals stated in the project
proposal. These are submitted in narrative form on agency letterhead. They are
required to be submitted within 15 days of the end of the quarter for which they
are being submitted and are required through the end of federal fiscal year 2024.
d. Significant Developments Reports
i. Events may occur between the scheduled performance reporting dates that have
significant impact upon the supported activity. In such cases, recipients are
required to notify the Washington State Parks Boating Program in writing as soon
as the recipient becomes aware of any problems, delays, or adverse conditions that
will materially impair the ability to meet the objective of the Federal award. This
disclosure must include a statement of any corrective action(s) taken or
contemplated, and any assistance needed to resolve the situation. The recipient
should also notify the Washington State Parks Boating Program in writing of any
favorable developments that enable meeting time schedules and objectives sooner
or at less cost than anticipated or producing more or different beneficial results
than originally planned.
27. Conflict of Interest Disclosures
a. Recipients must notify the Washington State Parks Boating Program immediately in
writing of any actual or potential conflicts of interest that arise during the life of their
federal award. Conflicts of interest include any relationship or matter that might place the
recipient, including their employees and subrecipients, in a position of conflict, real or
apparent, between their responsibilities under the award and any other outside interests.
Conflicts of interest include direct or indirect financial interests; close personal
relationships; positions of trust in outside organizations; consideration of future
employment arrangements with a different organization; and decision-making authority
related to the award. Conflicts of interest are those circumstances real or perceived that
would cause a reasonable person with knowledge of the relevant facts to question the
impartiality of the recipient or the recipient's employees or subrecipients in matters
pertaining to the award.
b. Recipients must notify the Washington State Parks Boating Program in writing if any
employees, including subrecipient and contractor personnel, are related to, married to, or
have a close personal relationship with any state or federal employee in the federal
funding program or who otherwise may have been involved in the review and selection
of the award. The term employee means any individual engaged in the performance of
work pursuant to the federal award. Failure to disclose and resolve conflicts of interest
in a manner that satisfies the Service may result in any of the remedies described in 2
CFR 200.338 Remedies for Noncompliance, including termination of the award.
28. Other Mandatory Disclosures
a. The non -Federal entity or applicant for a federal award must disclose, in a timely manner,
Page 10 of 17
in writing to the Federal awarding agency or pass-through entity all violations of Federal
criminal law involving fraud, bribery, or gratuity violations potentially affecting the
Federal award. Non- Federal entities that receive a Federal award including the term and
condition outlined in 2 CFR 200 Appendix XII—Award Term and Condition for
Recipient Integrity and Performance Matters are required to report certain civil, criminal,
or administrative proceedings to SAM. Failure to make required disclosures can result in
any of the remedies described in 2 CFR 200.338 Remedies for Noncompliance, including
suspension or debarment.
Federal Pass -Through Awarding Agency Contacts
Matthew M. Stowers
Marine Law Enforcement Coordinator
Washington State Parks Boating Program
1111 Israel Road SW
Olympia, WA 98504
Phone: 360-791-4668 / Email: matt. stowers&arks.wa.gov
Page 11 of 17
Exhibit G
Kittitas County Sheriff's Office, Marine Law Enforcement Patrol Vessel Replacement Grant
Kittitas CSO
Boat
$
82,652.00
Bottom
$
1,186.00
Swim step
$
543.00
Recessed bow
$
664.00
Rails
$
397.00
Welded top
$
4,910.00
Engine
$
4,429.00
Wiper
$
583.00
Ski tow
$
107.00
Mufflers
$
679.00
Batteries/Switch
$
537.00
Transom OB Fuel
$
224.00
Heater
$
850.00
Bilge pump
$
90.00
Paint
$
2,857.00
Trailer
$
10,233.00
Seating
$
1,286.00
Carpet
$
786.00
Hydro -Turf
$
357.00
Purchase price
$ 113,370.00
Tax (8.4%)
$
9,523.08
Total
$ 122,893.08
Requested
$
72,000.00
Match
$
18,000.00
adjusted award
$
92,169.81
Adjusted match
$
30,723.27
Exhibit H
Recreational Boating Safety Federal Financial Assistance Grant FORM A19-1AState of Washington
..,.
Invoice Voucher (Rev S/91) Invoice Voucher
Award Amount I Contract Number Contract Term
$ 92,170 n/a Sept 1, 2022 -Sept 30, 2024
CFDA 97.012
AGENCY NAME
Washington State Parks and Recreation Commission
Boating Program
PO Box 42650
Olympia, WA 98504
VENDOR OR CLAIMANT (Warrant is to be oavable to)
Kittitas County Sheriff's Office
307 W Umptanum Road
Ellensburg, WA 98926
Contact for billing questions
Title
Corey Tolar
Fiscal Analyst
Email Address
Phone
core .tolar arks.wa. ov
360-902-8595
INSTRUCTIONS TO VENDOR OR CLAIMANT..
Submit this form to claim payment for materials, merchandise or services.
Use the worksheets in tabs 2-3 to auto complete this form.
Vendor's Certificate: I hereby certify under penalty of perjury that the items and
totals listed herein are proper charges for materials, merchandise or services
furnished to the State of Washington, and that all goods fumished and/or services
rendered have been provided without discrimination because of age, sex, marital
status, race, creed, color, national origin, handicap, religion, or Vietnam era or
disabled veterans status.
Signature
Print Name
Date
Title
Quarter
Description Units Amount Agency Only
Rec. Boating Safety Officer Patrol Hours see attached $
The total hours for all RBS trained officers far on -the -water patrol; allowable reimbursement includes salaries, benefits and wages.
Adventures in Boating Safety Education
I see attached
$ -
Adventures in Boating classes instructor time, advertising, supplies, rent etc. and boating safety materials.
Equipment
I see attached
$
a
Purchase, maintenance and operation of patrol boats and patrol boat equipment to perform the RBS mission - DOES NOT include equipment for recovery
operations or homeland security missions.
Rec. Boating Safety Officer Training
see attached
$
Courses offered to officers to complete the RBS mission which are sponsored by State Parks
Other Expenditures
see attached
$
Use the "Reimbursement Worksheet" tab to explain other allowable expenditure(s).
total this billing
$ -
Do not write below this shaded line
(unless entering State -Wide Vendor Number)
Prepared by
Telephone number
Date Agency Approval
Date
Doc Date
Pmt due date
Current Doc. No.
Ref.
Vendor Number
Vendor Message
UBI Number
Ref Doc
Trans
Code
MOD
Fund
Master Index
Sub
Ob'
S -S
object
MOS
Project
Sub Proj
Amount
Invoice Number
APPROVAL FOR PAYMENT
DATE
A19 -1A
1/1