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WASHINGTON STATE PARKS AND RECREATION COMMISSION
SUBRECIPIENT GRANT AGREEMENT
FEDERAL FINANCIAL Asci TANG GRANT
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 Grant County Sheriffs Department ("Subrecipient"), each a "Party" and,
together, the "Parties".
Per 2 Code of Federal Regulations 200 (cF oo}, WSPRC has determined this to be a
"Subrecipient" relationship under 2 CFR 200.330. This subrecipient agreementis 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.
The purpose of this Agreement is to set forth the obligations of both Parties in the awarding
of funds for recreational boating enforcement and education and to set forth the deliverables
under the Federal Financial Assistance Grant, hereinafter called the "Project."
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Very 'important information, I's located throughout this document. The onus is on the
Subrecipient to read thea 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 .1-- Term
Project Completion.- See Section 5,2 — Project Completion
Subrecipient's Authorized Repro entative: See Section 6.2 — Subrecipient's
Authorized Representative.
Project completion date: See Section 7. ?.1-- Project Timeline
Reimbursement Total: See Section 8.3.c [riot titled].
Grant Funds: See Section 9.2 — Grant Funds.
Accident Report: See Section 12.7 — Accident Report
Information required for Federal Subawards (2 CFR §200.331(A) (1)): See Exhibit
B
0 Subrecipient' s Completed FFA Grant Application: See Attachment A.
MLE 123-404 Subrecipient Agreement - Boating Program (FFA Grant Award
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SECTION 4: DEFINITIONS
4.1 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,
4.2 MLE: The federally funded Marine Law Enforcement Program administered by Washington State
Parks and Recreation Commission (WSPRC). For purposes of this agreement MILE 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 MILE will be understood to be the State of
Washington.
4.3 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 $5,000.00
4.4 Exhibit: A document provided by the MILE Program that is also a part of this agreement and
incorporated by reference. See also Attachment.
4.6 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
Enforceme n't Academy or an equivalent recognized by MILE.
4.6 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.
4.7 Law Enforcement Vessel: A vessel used by a law enforcement agency and shall be equipped
with proper markings showing itto be an official law enforcement vessel.
4.8 Recreational Vessel: Defined in federal regulation. 50 CFR 8511 as a vessel owned and operated
primarily for pleasure; or a vessel leased, rented, or chartered to another for recreational use.
4.9 Subrecipiment: 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 DILE awards
a Federal Financial Assistance Grant (See 2 CFR 200.93).
4.10 subrecipient Grant Agreement: Also known as a subaward. Defined in federal regulation as "an
award provided by a pass-through entity to a subrecipient for the subrecipient to carry outp art 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).
4.11 Small agency: An agency which services a jurisdiction with a population below 30,000 people as
determined by the latest U.S. Census.
4.12 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.
MLE 123-404 Subrecipient Agreement -Boating Program (FFA Grant Award) Page 2 of 35
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4.13 Large agency: An agency which services ajurisdiction-'of over 100,000 people as determined
by the latest U.S. Census.
4.14 Boating Safety Program approval: means that the county or local jurisdiction has entered
into an agree'ment'with state parks to develop and maintain a boating safety program meeting
minimum requirements established by state parks.
SECTION 5: EFFECTIVE DATE AND DURATION
5.1 Term. This Agreement is effective on the date of the last signature and terminates on
September 30, 2023, 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.
5.2 Project Completion. Final billing for the Project shall be' submitted to ML E on or before
October 15, 2023. Unless approved in writing, MLE shall not be obligat.ed to disburse any
payments after this date.
5.3 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
Dave been completed by the Subrecipient.
SECTION 6: AUTHORIZED REPRESENTATIVES
6.1 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
M'aft.stowers@parks.wa.gov
Backup:
Rob Sendak, Boating Program Manager
Washington State Parks - Boating Program
1.111 Israel Road SW
Tumwater, WA 98501-6512
rob.sendak@parks.wa.gov
6.2 Subrecipient's Authorized Representative is:
Sheriff Tom Jones
Grant County Sheriffs Office
35 C Street
Ephrata, WA 98823
tjones@grantcountywa.gov
(509) 237-8208
6.3 A Party may designate a new Authorized Representative by written notice to the other Party.
MLE 123-404 Subrecipient Agreement - Boating Program (FFA Grant Award) Page 3 of 35
SECTION 7: RESPONSIBILITIES OF EACH PARTY
7.1 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.
7.1.1 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
Subrecipient's FFA Grant Application (Attachment "A").
The Subreciplent shall complete the approved project no later than September 30, 2023, 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.
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, Subreciplent will be in breach and MLE may, at its
discretion, rescind the grant and require repayment of any grant funds already disbursed,
7.1.2 Design Preparation. The Subrecipient shall design a project that will have a reasonably
likelihood of positively 'Impacting the reduction of boating accidents, boating injuries, and
boating fatalities. Such design shall include applicable items on the Checklist for Plans and
Specifications as provided in the Subrecipient's MLE Grant Application (Attachment "A").
7.1.3 Purchase. The Subrecipient shall make no purchases in excess of $2,500.00 without prior
written authorization by MLE. All purchases must be in the furtherance of recreational boating
safety and must adhere to the guidelines set out in the in the Allowable Costs and
Expenditures for State Vessel Registration Fees and Federal Assistance Grants manual.
(Attachment "B").
7.1.4 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 Subreciplent'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.
MLE 123-404 Subrecipient Agreement -Boating Program (FFA Grant Award) Page 4 of 35
7.1.5 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
179.1 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.
7.1.6 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 Madne Law Enforcement
Program, and in cooperation with U. S. Recreational Boating Safety Act. )I
7.1.7 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: trPartial funding for this project was provided by the
Washington State Parks Marine Law Enforcement Program. leis program is funded by the
U. S. G, G. through the Sport Fish Restoration and Boating Trust Fund, which i3 financed b
yyour purchase of motorboat fuels and fishing equipment"
7.1.8 Public Access to Project. During the term of this Agreement the Subrecipient shall allow
open and unencumbered public access to the Project to all persons without regard to race,
color, religious or political beliefs, sex, national origin, or place of primary residence.
7.1.9 Payments. Subrecipient agrees to:
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 Subreciplent 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.
7.1.10 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.
MLLE 123-404 Subrecipient Agreement - Boating Program (FFA Grant Award) Page 5 of 35
Indemnification by Subrecipient's Contractors. For purposes of this Section 7.1 .11
Indemnification by Subrecipient's Contractors the term "contractors' 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 '
except for Claims arising solely from the negligent or willful acts or omissions of the
Indemnitee, be indemnified by the contractor from and against any and all Claims.
.7.2 Responsibility of Marine Law Enforcement Program (MLE w
7.2.1 ML E shall pay Subrecipient as described in Sections 8 — Conditions to Disbursement and
Section 9 — Reimbursement and Payment Terms.
SECTION 8: CONDITIONS TO D'ISBUR'SEMENT
8.1 Eligible project expenses include only those items from the list below that are in your
approved project budget:
8.1.1 Grant funds may be used only for activities under WAC 352-65-040, the ten elements
necessary to accomplish the Recreational Boating Safety (RBS) mission,
8.1.2 RBS salaries to include time, salaries, benefits and wages for officers or deputies who possess
a Washington State Peace Officers. Certification, are fully commissioned to enforce the laws
of Washington state and who have completed an RBS course acceptable to State Parks
{BIVIL.E or equal).
8.1.3 Time, salaries, benefits and wages for officers or deputies who possess a Washington State
Peace Officers Certification, are fully commissioned to enforce the laws of Washington state,
and who have not. completed a BI LE course is acceptable ONLY when working with an RBS
trained officer AND when the agency has a written "two -officer policy for officers on marine
patrol for the purpose of officer safety.
8.1.4 Providing instructors for the Adventures in Boating course that qualifies graduates for the
required mandatory boater education card. Cost may include classroom supplies, light
refreshments, other goods, and services necessary to promote and teach classes, and officer
salaries, benefits, and wages. Officer salaries will only be reimbursed for those officers who
have successfully completed State Parks Adventures in Boating Instructor Training Class and
are listed on our files.
8.1.5 RBS training as outlined in the Allowable Costs and Expenditures for State Vessel
Registration Fees and Federal Assistance Grants (Attachment (CCII)
8.1 .6 RBS Equipment as outlined in the Allowable Costs and Expenditures for State Vessel
Registration Fees and Federal Assistance Grants (Attachment "C"). Any equipment
expenditures over two thousand two hundred and fifty dollars ($2,250.00) must receive
authorization from state parks prior to purchase.
MLE 123-404 Subrecipient Agreement -Boating Program (FFA Grant Award) . Page 6 of 35
8.1.7 Educational publications which promote RBS education that are already prepared or the
creation, design, and printing of publications
8.1.8 Promotion of Adventures in Boating classes, including presentation materials, light
refreshments, and room rental for classes.
8.1.9 Other items as deemed by MLE to be necessary to complete the project
8.1-10 Support of the Basic Marine Law Enforcement Academy by agencies who provided MLE
recognized 'instructors
8.2 Non -Allowable Costs and Expenditures.
8.2.1 Bullet proof vests are beneficial; however, equipment of this nature is not essential for
meeting the established criteria in WAC 352-65-040 nor is it related to the performance of
the RBS program mission and is considered a localagency responsibility I ' ns*bility to purchase.
8.2.2 Equipment used in recover oPer-ations (dive equipment, etc.) while being used in an RBS
search or investigation mode are 100% eligible. Once this equipment is used for recovery
operations it must be prorated between RBS missions and recovery missions.
8.2.3 Handheld or portable night vision, FUR or thermal imaging devices are a 100% allowable
expense while in RBS patrol, search, or investigation mode,, Once this equipment is used
for recovery operations it must be prorated. Permanently mounted and electrically wired
FUR and thermal Imaging devices are 100% allowable expenses.
8.2.4 Homeland Security missions (weapons, etc.), or any other equipment deten-nined as
unrelated by the boating program is not an allowable expense.
8.2.5 Firefighting equipment is not an allowable expense.
82.6 Any equipment or vehicles not 100% dedicated to the RBS mission must be proratedl
documenting the amount of time the equipment or vehicle was dedicated to theprogram.
8.2.7 Operating costs for law enforcement vessels boats (staff, fuel, fluids, repairs,
maintenance) or operating costs for boats used to service floating restroorns (staff, fuel,
fluids)
8.2.8 Documented staff or contract labor associated with routine custodial and non -routine
maintenance and repairs, the cost of that person operating or maintaining the system.
0. - L
8.2.9 Other items as deemed by MLE to be necessary to complete the project
8.3 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 documentatio'n for the Project, documents must
be in form and substance satisfactory to MLE.
MLE 123-404 Subred"pient Agreement -Boating Program (FFA Grant Award) Page 7 of 35
b. Reimbursement Requests must be submitted on the approved MLE Grant
Reimbursement form along with all supporting documentation.
Reimbursements shall be prorated between the Parties based on the
percentage of their respective cash or in-kind contributions as set forth in
Section 7 — Responsibilities of Each Party and Section 9 — Reimbursement
and Payment Terms.
Supporting documents must:
Be numbered in the upper right corner and correspond to the "Document #1$
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$%
c., 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 on a quarter basis and during
the quarter that the expenditure has taken place. Reimbursement from
MLE shall not exceed fifty percent (50%) of the total project cost from
eligible grant expenses. Total reimbursement under this grant agreement
shall not exceed the award amount of $14,939.49.
d. MLE will reimburse Subrecipient up to an additional $5,000.00 who supply a
recognized BALE instructor for 80 hours. For instructor services less than 80
hours, a sum of $500.00 per day will be awarded. The additional award is
available for use commencing on June 1, 2023.
e. The Subrecipient may not exceed the approved budget which was
proposed by the Su-brecipient as part of the Subreciplent's Subrecipient
Grant Application that was accepted by MLE. The Subrecipient's budget
is attached to this agreement (Attachment "B"). If the Subrecipient would
like to change the allocations of funds to the original budget, a budget
amendment request must be sent in writing via email to IVILE in advance
of the expense being incurred.
f. If a boat, a vehicle, or equipment is used partially for other purposes, costs
must be pro -rated for that portion of their use that is for Recreational
Boating Safety Act purposes.
8.4 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 9.2 — Grant Funds as progress payments,
MLE
123-404 Subrecipient Agreement - Boating Program (FFA Grant Award) Page 8 o M
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8.5 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. Subreciplent provides summary of work achieved pursuant to the SOW as
provided c with the
I grant application to MLE with funding the Project; and
c. Inspection and approval of the Project by MLE Program staff.
SECTION 9: REIMBURSEMENT AND PAYMENT TERMS
9.1 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.
9.2 Grant Funds. Upon approval by its governing body or bodies, MLE shall provide federal
grant funds in the amount of Fourteen Thousand, Nine Hundred Thirty -Nine and
49/1 00ths Dollars ($14,939.49) to the subrecipientto fund the Project.
9.3 Match. The subrecipient shall contribute at least twenty-five percent (25%) of the total
project cost as cost sharing or non-federal match as described in the approved project
budget, Such cost sharing or match may be provided as cash costs or 'in-kind services
provided such services are reasonable and necessary for grantpurposes. Vessel
Registration Fees 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.
The subrecipient shall maintain records that adequately document the valuation of non-
federal match/in-kind services in accordance with 50 CFR Part 85; and 2 CFR Part 200 as
applicable and as, adopted in regulation by 2 CFR 1402.100. The subrecipient shall submit
a summary of the valuation to MLE. Further instruction on adequate valuation of match
expenses can be provided by contacting the Marine Law Enforcement Coordinator or the
Program Manager.
9.3.1 Matching Cash Funds. The subrecipient shall contribute the total sum of (Three
Thousand, Seven Hundred Thirty -Four and 871100ths Dollars ($3,734.87) in cash or
in-kind match. It is understood that match cannot be from another federal source and are
non -reimbursable costs. In addition, Vessel Registration Fee funds cannot be used
I
as match; however, in-kind match as reported in the VRFExpenditure Report can.
9.3.2 Matching Non-cash Resources. Non-cash resources, in-kind; match is allowable under
the FFA grant, Any expenditure the subrecipient incurs in support of their recreational
boating safety program can be used as non-cash match.
9.4 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
MLE 123-404 Subrecipient Agreement - Boating Program (FFA Grant Award) Page 9 of 35
submitted for reimbursement during the quarter which the costs are incurred. 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.
9.5 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 MLE, disburse funds
to the Subrecipient in accordance with Section 8 - Conditions to Disbursement.
Subrecipient may request reimbursements no less than on a quarterly basis and during the
quarter for which the expenditures have been incurred for project expenses.
Reimbursement shall take place after Subrecipient submits a properly completed
Reimbursement, Request Form (provided by MLE), 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.
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.
9.6 Cost Overruns. Cost overruns are the responsibility of Subrecipient and must be borne
by Subrecipient.
9.7 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, 2023.
9.8 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.
9.8.1 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.
9.8.2 Prior Costs. MILE will not reimburse Subrecipient for any costs incurredprior to the
effective date of this agreement October 1, 2022.
MLE 123-404 Subrecipient Agreement - Boating Program (FFA Grant Award) Page 10 of 35
SECTION 10: REPRESENTATIONS AND WARRANTIES
Subrecipient represents and warrants to MLE that,:
10.1 Subrecipient is a law enforcement agency, duly organized and validly existing,
Subrecipient has the power and authority to enter into and perform this Agreement.
10.2 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 y 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 may be 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.
10.3 This Agreement has been duly executed and delivered by Subrecipient and constitutes a
legal, valid, and binding obligation of Subrecipient enforceable in accordance with its terms,
10.4 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, orprofession- and
y
10.5 Subrecipient shall, at all times during the term of this Agreement, bequalified,
professionally competent, and duly licensed to perform its obligations under this
Agreement. The representations and warranties set forth in this Section 10 -Representation
and Warranties are in addition to, and not in lieu of, any other representations or warranties
provided by Subrecipient.
SECTION 11: 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 ISLE 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 11 — Goveming 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, ire 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.
MLE 123-404 Subrecipient Agreement - Boating Program (FFA Grant Award) Page 11 of 35
SECTION 12: EQUIPMENT: OWNERSHIP, MAINTENANCE, USEFUL LIFE & DISPOSAL
12.1 Ownership Of Equipment. Except as otherwise provided herein, Subrecipient shall retain
ownership of equipment purchased pursuant to the terms of the. rantSubrecipient 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 the9 rant 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 IVILE funded vessels will be
followed-up by IVILE communication with the Subrecipient. MLE may conduct site visits
or contact area boaters for supplemental information as necessary,
2) In those instances where the IVILE determines that an unauthorized, use of a NILE
funded vessel has occurred, the IVILE will provide written notification to the operator of
its determination with a warning that continued misuse or abuse of NILE -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.
12.2 Title. Title to equipment purchased under this Agreement shall vest in the Subreciplent. If the
Subrecipient determines that it cannot use the equipment for the statedgrant purposes at any
point prior to the end of the equipment.) s useful life, but after the end of thi's award period and
any extensions thereof, the Subrecipient shall inform IVILE in writing within 30 days of such
determination. Such equipment shall be transferred by the Subrecipient to a thirdparty
approved by DILE 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 IVILE for use for grant purposes, or it shall be disposed in accordance with 50 CFR
Part 85; and 2 CFR Part 200.
12.3 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 orproject
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,
MLE 123-404 Subreciplent Agreement - Boating Program (FFA Grant Award) Page 12 of 35
12.4 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 TALE or federal government.
12.5 Use and Maintenance. The Subrecipient shall operate and maintain the equipment,
purchased, constructed, installed, renovated, operated, repaired, or maintained with MLE
grant funds to 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:
12.5.1 Subrecipient shall operate and maintain grant. funded equipment in accordance with all
applicable Federal, State, and local laws, orders, regulations and permits.
12.6.2 Operation shall include having trained personnel available to facilitate operation of the
equipment and a schedule for maintenance.
12.6.3 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.
12.5.4 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.
12.5.5 All law enforcement vessels shall have a routine schedule for maintenance.
12.5.6 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.
12.5.7 Subrecipient shall be responsible for all operation, maintenance, and repair of all vessels
and equipment provided from this grant.
12.6 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 MLE program. The conditions for such transfer shall be stipulated by the MLE
MLE 123-404 Subrecipient Agreement - Boating Program (FFA Grant Award) Page 13 of 3S
and shall include the same requirements as those --------- imposed in the original grant.
Any cash or in-kind 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 MLE, and the Subrecipient shall pay MLE the proceeds of the sale or the fair
market value of the equipment, whichever is the greatest.
12.6.1 Equipment Breakdown
In the event an equipment breakdown occurs during the grant period, Subrecipient shall
notify MLE within ten (1 0) working days of breakdown. The equipment must be repaired
and fully operational within thirty (30) working days after the breakdown where the
breakdown can be remedied with normal expected repairs for one thousand dollars
($1,000,,00) or less. For repairs greater than one thousand dollars ($1,000.00) the
equipment must be fully operational within sixty (60) days after the breakdown. A written
report for all breakdowns must be submitted via email to MLE within two (2) weeks of the
breakdown describing the problem(s), repair(s), and the cost(s).
A failure to notify MLE of an equipment breakdown and plan for repairs may result.
in the withholding of grant funds.
12.7 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.
Oil 1
13.1 As used in this Section 13 — Ownership of Work Product and elsewhere in this Agreement,
the following terms have the meanings set forth below:
13.1.1 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.
13.1.2 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
wr'tten approval of the MLE or federal government.
i
MUE 123-404 Subrecipient Agreement -Boating Program (FFA Grant Award) Page 14 of 35
SECTION 14: NO DUPLICATE PAYMENT
The Subrecipient shall not be compensated for, or receive any other form of duplicate, overlapping
m
or multiple payments for the same work performed under this Agreement fro . 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.
15.1 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 15 — Contribution on Third PartyCla*s and a meaningful
/M
opportunity for the Other Party 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 13 — Ownership of Work Product with respect
to the Third -Party Claim.
15.2 With respect to a Third Party Claim for which IVILE 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 IVILE 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 IVILE on the one hand and of
Subrecipient on the other hand shall be determined by reference to, among other things, the
Partiesrelative intent, knowledge, access to information and opportunity to correct or prevent
the circumstances resulting in such expenses, judgments, fines, or settlement amounts. ML'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.
15.3 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 IVILE in such proportion as is appropriate to reflect
the relative fault of Subreciplent on the one hand and of IVILE 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 nt 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.
MLE 123-404 Subrecipient Agreement - Boating Program (FFA Grant Award) Page 15 of 35
Subrecipient will be in default under this Agreement upon the occurrence of any of the following
events:
16.1 Subrecipient fails to perform, observe, or discharge any of its covenants, agreements, or
obligations under this Agreement;
16.2 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;
16.3 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 inwriting
its 'Inability, oris 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), files a petition seeking 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
16.4 A proceeding or case is commenced, without the application. or consent of Subrecipient, in
any court of competent jurisdiction, seeking (a) the liquidation, dissolution orwinding-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 17: 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.
MLE 123-404 Subrecipient Agreement - BoatngProgram (FFA Grant Award) Page 16 of 35
SECTION 18: LIABILITY INSURANCE
18.1 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$1,000,000.00
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 shallprovide 30 days
written notice prior to any changes In the amount or cancellation of saidpolicy. -
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 IS 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.
18.2 AUTOMOBILE INSURANCE— Subrecipient shall maintain business auto liability and I if
necessary, commercial umbrella liability insurance with a limit not less than $1 1000,000.00
per accident. Such 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 top rovide 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.
18.3 INDUSTRIAL INSURANCE COVERAGE— Subrecipient shallprovide 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.
18.4 CERTIFICATE OF INSURANCE / NAMING WASHINGTON STATE AS ADDITIONAL
INSURED: A current Certificate of Insurance must be submitted with thegrant 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 forany 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 Workers
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.,'
MLE 123-404 Subreciplent Agreement - Boating Program (FFA Grant Award) Page 17 of 35
19.1 In the event Subrecipient is in default under Section 16 — Subrecipient Default IVILE 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 22 -
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 20 — Recovery of Overpayments (which is in addition to the remedies provided in
Section 9.7 - Overpayment), of this Agreement or setoff, or both. These remedies are
cumulative to the extent the remedies are not inconsistent, and IVILE may pursue any remedy
or remedies singly, collectively, successively or in any order whatsoever.
19.2 In the event MLE terminates this Agreement under Section 22,1 — Termination for
Convenience, Section 22.2 Termination for Inefficiency, Section 22.3 — TerminatiOn Because
of Noy Appropriation or Project Ineligibility, or Section 22.4 — Termination for Default,
Subreciplent'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 IVILE, forwork completed and accepted
by IVILE within any limits set forth in this Agreement but not yet invoiced, for authorized
expenses incurred, less any claims IVILE has against Subrecipient, and (b) for deliverable -
based work, a claim for the sum designated for completing the deliverable multiplied by the
percentage of work completed on the deliverable and accepted b' IVILE, for authorized
0 y
expenses incurred, less previous amounts paid for the deliverable and zany claims that IVILE
has against Subrecipient. In no event will IVILE 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 IVILE.
Rib so 16 A
In addition to the remedies provided in Section 9.7 - Overpayment, if payments to Subrecipient
under this Agreement, or any other agreement between MLE and Subrecipient, exceed the amount
to which Subrecipient is entitled, MLE will not reimburse any further claims. In addition, MLE will
require repayment of any over payments as reflected in, Section 9.7 of this agreement. may, after
notifying Subrecipient in writing, withhold from payments due Subreciplent under this Agreement,
such amounts, over such periods of times, as are necessary to recover the amount of the
overpayment.
SECTION 21: 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.
- ------------ -
MLE 123-404 Subrecipient Agreement - Boating Program (FFA Grant Award) Page 18 of 3S
22.1 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.
22.2 Termination Because of Inefficie 'ncy. 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 IVILE Statement of Activity Reporting system. If in ML '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,
22.3 Termination Because of Non -Appropriation or Project Ineligibility. NILE, as provided in
Section 33 - Force May*eure, may modify or terminate this Agreement and at any I time upon 30
days 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 orguideline 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
Subreciplent 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.
22.4 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 MLE hereunder to pursue any project other than the Project described
in the final project approved by IVILE; or
e. During the term of this Agreement, the Subrecipient fails toperform any obligation
or requirement of this Agreement.
f. The Subrecipient defaults under any other agreement between the Parties.
MLE 123-404 Subreciplent Agreement - Boating Program (FFA Grant Award) Page 19 of 35
22.5 Rights and Remedies.
a. The Subreciplent 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
ML'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 23: 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.
SECTION 24: AMENDMENTS
6*01,
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
0 Scope of work
0 Change In due dates
0 Extensions of the period of performance
0 Any other revisions determined material by MLE
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 24 -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 26: 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 I I — Goveming Law and
Consent to Jurisdiction, Section 13 — Ownership of Work Product, Section 20 — Recovery of
Overpayments, Section 21 — LI'mitation of Liability, . and Section 26 - 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.
MLE 123-404 Subrecipient Agreement - Boating Program (FFA Grant Award) Page 20 of 35
SECTION 27: 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 28: 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
counterpart. Each copy of the Agreement so executed constitutes an original.
.......... , ''
29.1 Compliance with Law Generally. Subrecipient shall comply with all federal, state, and
local laws, regulations, executive orders, and ordinances applicable toSubrecipient and
the
Agreement.
29.2 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.
29.3 Tax Co ' mpliance. Subrecipient has complied with the tax laws of this state and the
applicable tax laws of any political subdivision of this state. Subrec I ipient 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 cal subdivision of this state. For the purposes of this
Section 29.3 — TaxCompliance, "tax laws" includes: (i) All tax laws of this state; (ii) Any
tax provisions imposed by a political 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 29 — 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 MILE 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:
29.3.1 Termination of this Agreement, in whole or in part, this is in addition to any remedies
available under Section 22 - Termination.
PALE 123-404 Subrecipient Agreement - Boating Program (FFA Grant Award) Page 21 of 35
29. 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
29.3.3 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 relativeto the collection
of taxes due to the state of Washington or a political subdivision, including (iI) garnishing the
Subrecipient's compensation under this Agreement or (ii) exercising a right of setoff against
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 30: INDEPENDENT CONTRACTORS
The Parties agree and acknowledge that their relationship is that of independent contracting parties
and that Subreciplent is not an officer, employee, or agent of the state of Washington.
SECTION 31: 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 32: 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 33: 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.
MLE 123-404 Subreciplent Agreement - Boating Program (FFA Grant Award) Page 22 of 35
SECTION 34: ASSIGNMENT AND SUCCES'SORS 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 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 or willful acts or omissions of the Indemnitee, be
indemnified by the contractor from and against any and all Claims.
SECTION 35: 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 36: TIME IS OF THE ESSENCE
Time is of the essence in Subrecipient's performance of its obligations under this Agreement.
SECTION 37: 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.
- ------------
LE 123-404 Subrecipient Agreement - Boating Program (FFA Grant Award) Page 23 of 35
SECTION 38: RECORDS MAINTENANCE AND ACCESS
ubrecipient shall maintain all financial records relating to this Agreement in accordance with
generally accepted accounting principles. In addition, Subrecipient shall maintain any other
records, boobs, documents, papers, plans, records of shipments and payments and writings of
Bubrecipient, whether in paper, electronic or other form, that areertinent to this A 'Agreement .
p � nt to
such a manner as to clearly document ubrecipient`s performance. All financial records, other
records, boos, documents, papers, plans, records of shipments and payments and writings of
ubr cipient, whether in paper, electronic or other form, that are pertinent to this Agreement,
are collectively referred to as "Records." ubrecipient 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
x
audits and rake excerpts and transcripts. Bubrecipient shall retain and keep accessible all
Records for a minimum of six (6) years, or such longer period as may � pp be required b 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.
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 gar
to interpret this Agreement.
SECTION 40an INCORPORATION BY REFERENCE'S 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 paint or concept but are not in conflict,
they should be read as supplemental, additive,: and/or cumulative.
recedence
Document
1 (highest)
United Mates of America Lags or Rules AND Washington Mate Laws and
Mules
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.
EXHIBIT A - FEDERAL COMPLIANCE TERMS
EXHIBIT B - INFORMATION REQUIRED BY 2 CFR 200.211 b
EXHIBIT c — 2 CFR 200, Appendix II - TERM
MLE 123-404 Subrecipient Agreement - Boating Program (EEA Grant Award) Page 24 of 35
6
ATTACHMENT - SUBRECIPIENT'S MLE GRANT APPLICATION
7
ATTACHMENT B -- ALLOWABLE COSTS & EXPENDITURES FOR STATE
5 C Street NW
VE BEL REGISTRATION FEES ANIS FEDERAL ASSISTANCE RANTS
8
ATTACHMENT C -- VESSEL REGISTRATION FEE PROGRAM GUIDANCE
FOR MARINE LAW ENFORCEMENT PROGRAM
SECTION 41: SIGNATURES
This Agreement, which include incorporated documents, is executed by the persons signing
below who warrant under penalty of perjury under the laws of the State of Washington that the
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 123-404 Subrecipient Agreement - Boating Program (FFA Grant Award) Page 25 of 35
Washington State
Grant County
Parks and Recreation
5 C Street NW
Commission
Ephrata, WA 98823
1111 Israel Road SW
PCS Bax 42650
Olympia, WA 98504-2650
ign-
sign:
Tale.
Tale. Chief Financial Officer
Email:
Email:
01raA4coun4L
mentft) v
Data,
Date.
'lace.
6,3b fad
Place. Tunnwater, WA
MLE 123-404 Subrecipient Agreement - Boating Program (FFA Grant Award) Page 25 of 35
1. 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
42410
C. Pursuant to 2 CFR Part 170, MLE will enter grant . information into the Federal Funding
Accountability and Transparency Act (FFATA).
11. 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 aaencv in 2 CFR Subtitle
B. including but not limited to the following:
1. Propertv Standards. 2 CFR 200.313, or the equivalent applicable provision
adopted by the awarding federal agency in 2 CFR Subtitle B, whichgenerally
describes the required maintenance, documentation, and allowed disposition of
equipment purchased with federal funds.
2. Contract Provisions. The contra ' ct provisions listed in 2 CFR Part 200, Appendix
11, 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 $750,000.00 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 ISLE 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
ML E 123-404 Subrecipient Agreement - Boating Program (FFA Grant Award) Page 26 of 35
F. Federal [ion -"discrimination Statutes. Subrecipient is responsible to comply with all 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 M.E.
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.
H. To the extent applicable to this award, Subrecipient is responsible to comply with
1. National Environmental Policy Act; E.O. 11514 (which requires s, the Subrecipient
to comply with environmental standards which may be prescribed pursuant to
institution of environmental quality control measures under the National
Environmental Policy Act of 1969 (42 USC Chapter 55, [Pub. L. 91-190]) and
Executive Order 11514.
2. E.O. 11990: Protection of Wetlands (which requires the Subrecipient to comply
with environmental standards for the protection of wetlands)
3. E.O. 11988: Floodplain Management; E.O. 11988 (which requires the
Subrecipient to comply with environmental standards for the evaluation of flood
hazards in floodplains)
4. Coastal Zone Management Act (which requires Subrecipient to ensure that the
work performed will not violate State managementprograms developed under the
Coastal Zone Management Act of 1972) (16 USC Chapter 33, Sections 1451 et
seq.).'
5. Wild and Scenic Rivers Act (which requires the Subrecipient to protect
components or potential components of the national wild and scenic rivers
system). (16 USC Chapter 28, Sections 1271 et seq.)
MLE 123-404 Subreciplent Agreement - Boating Program (FFA Grant Award) Page 27 of 35
6. Historic Preservation Act, E.O. 11593 (which requires Subrecipient to assist the
awarding agency in assuring compliance with Section 106 of the National Historic
Preservation Act of 1966, as amended (16 USC 470), E.O. 11593 (identification
and protection of historic properties), and the Archaeological and Historic
Preservation Act of 1974 (16 USC. Sec. 469a-1 et seq.).
7. Endangered Species Act (which requires the Subrecipient to comply with
environmental standards for the protection of endangered species) 16 USC
Chapter 35, Sections 1531ff [Pub. L. 93-205]).
8, Marine Mammal Protection Act (which Requires permits and reports for research
projects that will involve the taking or importation of protected marine mammals or
marine mammal products) (16 U.S.C. Chapter 31, Subchapter I, Sections 1361 ft).
1. Other Requirements (USFWS specific)
1. Universal Identifier and Central Contractor Registration 2 CFR Part 25
2. Reporting Sub -awards and Executive Compensati on 2 CFR Part 170
3. Award Term for Trafficking in Persons (applicable to private entity subrecipients)
2 CFR Part 175
4. Government -wide Debarment and Suspension (Non -procurement) 2 CFR Part
1400
5. Requirements for Drug -Free Workplace (Financial Assistance) 2 CFR Part 1401
6, 43 CFR 18 New Restrictions on Lobbying: Submission of an application also
represents the applicant's certification of the statements in 43 CFR Part 18,
Appendix A, Certification Regarding Lobbying.
7. 41 U.S.C. 4712 Enhancement of Recipient and Subrecipient Employee
Whistleblower Protection:
a. This award, related sub -awards, and related contracts over the simplified
acquisition threshold and all employees working on this award, related s' ub-
awards and related contracts over the simplified acquisition threshold are
subject to the whistleblower rights and remedies established at 41 USC
4712b. Subrecipient, Subrecipient's contractor, or Subrecipient's sub-
recipient(s) (however many levels), and their contractors award contracts
over the simplified acquisition threshold related to this award, shall 'Inform
their employees in writing, in the predom inant language of the workforce, of
the employee whistleblower rights and protections under 41 U.S.C. 4712.
1�
c. The Subrecipient shall insert this clause, including this paragraph (c) in
all sub awards and in contracts over the simplified acquisition threshold
related to this award.
MLE 123-404 Subrecipient Agreement - Boating Program (FFA Grant Award) Page 28 of 35
8. Prohibition on Members of Congress Making Contracts with Federal
Government: No member of or delegate to Congress or Resident Commissioner
shall be admitted to any share or part of this award, or to any benefit that may arise
therefrom; this provision shall not be construed to extend to an award made to a
corporation for the public's general benefit 41 USC § 6306.
9. Federal Leadership on Reducing Text Messaging while Driving: Subrecipients
are encouraged to adopt and enforce policies that ban text messaging while
driving, including conducting initiatives of the type described in Section 3(a) of the
Order Executive Order 13513.
MLE 123-404 Subrecipient Agreement - Boating Program (FFA Grant Award) Page 29 of 35
EXHIBIT B: INFORMATION REQUIRED BY 2 CFR §20Q.211(b)
Federal Award Identification:
Vii) Subrecipient name (which must match registered name in DUNS): Grant Count
Sheriffs Office
(ii) Subrecipient's UEI number: #ZL6WM26K8KR5
(iii) Federal Award Identification Number (FAIN): #3322FAS220153
(iv) Federal Award Date: 10/1/2022
(v) Sub -award Period of Performance Start and End Date: From 10/112022 to
9130/2023
(vi) Total Amount of Federal Funds Obligated by this Agreement: 1,14,939.49
NO Total Amount of Federal Award committed to the Subrecipient by the pass-through
entity.: $14,939.49
(ix) Federal award project description: Marine Law Enforcement Federal Financial
Assistance Grant
(ix) Name of Federal awarding agency, pass-through entity, and contact information for
awarding official of the Pass-through entity:
(a) Name of Federal awarding agency: United States Coast Guard
(b) Name of pass-through entity: Washinqton State Parks and Recreation
Commission
(c) Contact 'Information for awarding official of the pass-through entity:
boatingprogram@parks.wa.gov
(x) CFDA Number and Name: Federal Boat Safety Act 92-75
(xi) Is Award R&D? No,
(xii) Indirect cost rate for the Federal award.- NA %
*For the purposes of this Attachment, the term "pass-through entiV'refers to
Washington MLS` Grant Program.
MLE 123-404 Stibrecipient Agreement - Boating Program (FFA Grant Award) Page 30 of 35
Provisions for Non -Federal Entity Contracts Under Federal Awards (current as of
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 $150,000.00,
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 $10,000.00 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.
0.
(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 Fly 123191
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
prociram legislation, all prime construction contracts in excess of $2,000.00 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 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.&C. 3701-3708). Where
applicable, all contracts awarded by the non -Federal entity in excess of $100,000.00 that
MLLE 123-404 Subreciplent Agreement -Boating Program (FFA Grant Award) Page 31 of 35
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, 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended - Contracts and subgrants of amounts in excess of
$150,000.00 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. 7401-7671q) 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.
(1) Byrd Anti -Lobbying Amendment (31 U.Q.C. 1352) - Contractors that apply or bid for an
award exceeding $100,000.,00 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 123-404 Subrecipient Agreement - Boating Program (FFA Grant Award) Page 32 of 35
Adobe Acrobat
Document
MLE 12 3-404 Subrecipient Agreement - Boating Program (FFA Grant Award) Page 33 of 35
Washington State Parks & Recreation Commission - Recreational Boating
Program
Federal Financial Assistance Grant Program Application
Application Year: 2023
Agency Name: Grant County Sheriff's Office
PREVENTION PLAN PART 1 - ASSESSMENT, IDENTIFICATION, GOALS
High Priority Boating Risks and Hazards
High Priority Boating.Risks &
Data / Professional Judgement
Comments
Hazards
knowledge of water depths and
develop some maps of areas
Hidden Hazards/ Water
Collision reports/ calls of
with fluctuatingriverlevels and
Fluctuations
groundings
lake levels on Pot Holes
Patrols
reservoir, we have numerous
boats striking shallow areas
High Priority Audiences
Description of Audience
Why is this Audience a Priority?
Comments
Visitors
knowledge of water depths and
develop some maps of areas
Summer
hazards
that are routinely hit and post
Safety Inspection
on our web site
PREVENTION PLAN PART I - TASKS., TACTICS, MEDIA
Patrol Plans / Emohasis Patrols / Enforcement Policies
Activity
Time Frame
Patrol Hour Goal
Inspection Goal
Comments
Ty0e
Summer
Summer
Safety Inspection
afety
Safety
Patrols
Inspection
Operatio
June 30-
48.00
Patrol
Patrol
n Dry
July2
Plan/Emphasis
Plan/Empha
Water
Patrol/Enforcem
sis
ent Policy
Patrol/Enfor
cement
Policy
Regular
April-
400.00
Patrol
We have a lot
Patrol
patrol
September
Plan/Emphasis
of time taken
Plan/Empha
Patrol/Enforcem
by travel/
sis
ent Policy
trailering our
Patrol/Enfor
vessels. Hours
cement
will be
Policy
State Approved Boater Education Classes & Commtinitv F\ipntc,
Activity
Date
----------
Attendance
seasonal and
---- Type
Planned
on a part-
5/20/2023
10.00
15.00
time bases.
SAGEC
6/17/2023
10.00
15.00
We have a
SABEC
7/15/2023
'.0.00
15.00
high volume
SABEC
Sportsman
1/27/2023
30.00
of call out for
Community
Show/Tri-
boater In
Events
-Cities
distress.
Fishing
Spring/Fall
20.00
Safety Inspection
2 separate
Safety
L -season
J-
- -----
I
Inspection
State Approved Boater Education Classes & Commtinitv F\ipntc,
Activity
Date
Hours ------------ -
Attendance
Comments --------------
---- Type
Planned
5/20/2023
10.00
15.00
SAGEC
6/17/2023
10.00
15.00
SABEC
7/15/2023
'.0.00
15.00
SABEC
Sportsman
1/27/2023
30.00
3 day event
Community
Show/Tri-
Events
-Cities
National
8/1/2023
20.00
2 separate
Community
Night Out
nights
events
Sportsman
2/1/2023
80.00
5 day event
Community
Show/
Events
-Puyallup
Grant
8/15/2023
60.00
5 days long
Community
County
Events
Jair
6.00
----------
Date Pending
Presentation
to Schools
0.50
Date Pending
Presentation
to Schools
0.50
Date Pending
Presentation
to Schools
6.00
Date Pending
Presentation
to Schools
0.50
Date Pending
Presentation
to Schools
6.00
Date Pending
Presentation
to Schools
0.50
Date Pending
Presentation
---- --
to Schools
0.50
Date Pending
Presentation
to Schools
6.00
Date Pending
Presentation
I to Schools
6.00
Date Pending
Presentation
to Schools
0.50
Date Pending
Presentation
to Schools
0.50
Date Pending
Presentation
to Schools
0.50
Gate Pending
Presentation
to Schools
6.00
Gate Pending
Presentation
to Schools
0.50
Gate Pending
Presentation
to Schools
0.50
Gate Pending
Presentation
to Schools
0.50
Date Pending
Presentation
to Schools
6.00
Date Pending.:
Presentation
to Schools
0.50
Gate Pending
-------------
Presentation
to Schools
0.5
Gate Pending
Presentation
to Schools
.5
Date Penning
Presentation
to Schools
2.00
Date Pending
Presentation
to Groups
1.00
Date Pending
Presentation
to Groups
1.00
Date Pending
Presentation
to Groups
1.00
Date Pending
Presentation
to Groups
1.00
Date Pending
Presentation
to Groups
1.00
Gate Pending
Presentation
to Groups
2.00
Date Penning,
Presentation
to Groups
2=00
Date Pending
Presentation
to Groups
Vessel Dealer/Rental Site Visits
Dealers
Hours Spent
Comments
Type
-Targeted
Visiting
Posts
Posts
Experience
4.00
Only Dealership
Dealer
Powersports
Day Weekend.
Water
Pro Touch
1.00
Rental
-Rental ML
Crescent Bar
1,00
Rental
Charters
Crescent Bar
1.00
Rental
-Excursions LLC
Sun Lakes
1.00
Rental
Resort
Ki
1.00
Rental
Watersports
Pro Touch
1.00
Rental
Rental
-Mardon
Mardon,
1.00
Rental
Resort
Affordable
1.00
Rental
Jetski and Boat
Rental
Blue Lake
1.00
Rental
Resort
LandUake
1.00
Rental
Powersports
-Rentals
Columbia
1.00
Rental
Jetskis
Professional Prevention Partners
-Name of Partnering Orgs
Hours Planned Coordinating
Comments
Safe Kids Grant County
40.00
We maintain numerous Life Jacket
Posts
Posts
Loaner boards.
USCG Auxiliary
1.00
We use their assistance on Memorial
4.00
Day Weekend.
Campaign
Owned Media
Earned Media
Events
Comments - --------
Posts
Posts
Operation Dry
4.00
4.00
Water
I
I J
N
National Safe
4.00
4.00
Phone
Email
-Boating Week
Name
-Spring Aboard
4.00
4.00
Chris
McClanahan
Paddle Safety
4.00
4.00
-Week
7651
Other (please
Pitt
509-760-
ppi*tt@grantcountywa.gov
No
.describe)
1 -1
2274, ----
I
INSTRUCTOR INFOR.MATION
SAW ID
First
Last Name
Phone
Email
Development
Name
Complete?
Chris
McClanahan
509-7150-
camcclanahan@grantcountywa.gov
No
7651
Patrick
Pitt
509-760-
ppi*tt@grantcountywa.gov
No
1 -1
2274, ----
I
I
PREVENTION GOALS SUMMARY
Total Patrol Hour Goal: 448.00
Total Inspections Goal: 500.00
Count of State Approved Boater Education Classes Planned: 3.00
Sum, of Hours for State Approved Boater Education Classes: 30.00
Sum of State Approved Boa -ter Education Classes Planned Attendance: 45.00
Count of Community Events: 4.00
Surra of Community Events Hours.: 190.00,
Count of Presentations to Schools: 21.00
Sum of Presentation to Schools Hours: 49.00
Count of Presentations to Groups: 8.00
Sum of Presentations to Groups Hours: 11.00
Count of Dealer Visits Planned: 1.00
Sum of Dealer Visits Hours: 4.00
Count of Rental Sites Planned: 11.00
Sum of Rental Site Visits Hours: 11.00
Owned Media Posts: 16.00
Earned Media Posts-, 16.00
Count of Partnering Organizations: 2.00
Sum of Partnering Organization Hours: 41.00
Printed On: October 26, 2022
ATTACHMENT B ALLOWABLE COSTS & EXPENDITURES FOR STATE VESSEL
REGISTRATION FEES & FEDERAL ASSISTANCE GRANTS
an
2-1
2021 Allowable
Expenses,pdf
- - ------ ----- -------------------- --- --- -------
MLE 123-404 Subrecipient Agreement - Boating Program (FFA Grant Award) Page 34 of 35
Washington State Parks & Recreation Commission
IIIIIII��p�� MOM
Allowable Costs & Expenditures
For State Vessel Registration Fees
& Federal Assistance Grants
Updated June 2021
Page 1of9
Washington State Parks & Recreation Commission
---- -----------
C
VESSEL REGISTRATION FEES & GRANT
UNIT COST APPROVAL .--~--------'.''--..---.--~.^---'—^--''~'—~~—'-----'3
COSTPRORATION ......................................... ............................................... ---..—..~...........3
ADMINISTRATIVECOSTS ................................. ........................................................................................... S
ALLOWABLE EXPENDITURES ..................... ,....—.--.—..----.—_—,~,...,~..~,,,~.~,,.,,.
RBSSALARIES ....................................................................
.......................................................................... S
RBS EDUCATION AND INSTRUCTION .......................................... ............................................................. 4
RBSTRAINING .............................................................................. ...~....'~.......~.~—.....'.--4
RBSEQUIPMENT: .00.~^~^~~~~~^~me*No '^wo^~~~'^~`^'^~~~^'~~^'^~^~~—~~~~^^~~`~ 5
PATROLVESS EL8.._..,'~..—.~of* ---'—.—''— too ^^.—'~—'~'''~'—~.—'~^--~—'--'---5
ASSOCIATED EQUIPMENT FOR PATROL VESSELS ................................ .~.......~..,.~...........~ got ,.6
PATROLVESSEL TRAILERS ........... ................................................................................................................. 7
—
BOAT EQU|PME0T.—...—.-----.---'..—..----~-'—~—.--.'.'~^--^—'~'--'—~.7
NAVIGATION AIDS & BUOYS ................ ...—.--.......—.~..~.—.—'~..~..—...~. ......~.—.8
EDUCATION...................................... .......... .—._---..--__—__'~-8
Page 2 of 9
Washington State Parks &Recreation Commission
---- --------- ---- -
�M� �619 191 A E 111� q III
Any item not listed below must be reviewed and found acceptable by the Washington State
Parks Boating Program (Boating Program) before it isidered a valid Recreational Boatin
consi 9
Safety (RBS) -expenditure.
UNIT COST APPROVAL
Items with a unit cost of $5,000 or more under the VRF funds and $2500 or more under the FFA
grant must have the prior written approval of Washington State Parks and Recreation
Commission Marine Law Enforcement (MLE) Coordinator.
COST PRORATION
W
If a cost benefits both your RBS program and other work of your agency, the cost should be
allocated to. the IDBS .Program based on theroportional benefit to the program. The costs may
p ogr
be allocated using any reasonable documented method.
ADMINISTRATIVE COSTS
Agencies that receive Vessel Registration Fees (VRF) are not allowed to charge flat
administrative costs for the administration of the VRF funds as is often doneifth federalarants,
However, agencies may charge the salaries and benefits costs of actual hours worked by staff
associated with the administration of their dedicated account.
Agencies that receive federal assistance _grants from the Boating Program are allowed to charge
indirect (administrative) costs for those funds. If the agency has a federally negotiated indirect
cost rate, they are permitted to charge that against the total salaries + benefits charged to the
federal assistance grants. They must first provide a copy of their current rate agreement to
Parks, If not, then they may charge a de minimums flat rate of 10% or elect not to charge
indirect at all (2 QFR 200.414(f)).
ALLOWABLE EXPENDITURES
Grant funds may be used only for activities under WAC 352-65-040, the ten elements necessary
to accomplish the Recreational Boating Safety (RBS) mission. If it is unclear if an expense
meets these criteria, contact State Parks at (360) 902-8845 or Cheri, peel @,parks.wa.qov to
discuss the item before proceeding.
Allowable expenses include but are not limited to:
RBS SALARIES
o Time, salaries, benefits and wages for officers or deputies who possess a
Washington State Pbace Officers Certification, are fully commissioned to
enforce the laws of Washington State and who have completed an RBS
course acceptable to State Parks (BMLE or equal).
Page 3 of 9
Washington State Parks & Recreation Commission
------------- - - ---------------
o Time, salaries, benefits and wages for officers or deputies who possess a
Washington State Peace Officers Certification, are fully commissioned to
enforce the laws of Washington State, and who have not completed a. BMLE
course is acceptable ONLY when working with an RBS trained officer AND
when the agency has a written 'two -officer' policy for officers on marine patrol
for the purpose of officer safety.
RBS EDUCATION AND INSTRUCTION
Providing instructors for the Adventures in Boating course that qualifies graduates for
the required mandatory boater education card. Costs may include classroom
supplies, light refreshments, other goods and services necessary to promote and
teach classes, and officer salaries, benefits and wages. Officer salaries will only be
reimbursed for those officers who have successfully completed a State Parks
Adventures in Boating Instructor Training class and are listed on our files.
Life jackets (USCG approved only) for the state Adventures in Boating course and
other RBS presentations, such as: throw rings or cushions for loaners and the cost to
print only the agency's name or RBS safety messages.
0 RBS TRAINING
Grant or VRF funds can be used to pay for full-time and reserve officers who are fully
commissioned to enforce the laws of the State of Washington to attend training
provided by the Boating Program or courses approved by the Boating Program.
Note: Approval from State Parks is mandatory if an officer or deputy is
applying for a non -Washington RBS course. Examples of approved courses
include:
* MLE Instructor Meeting
* Basic Marine Law Enforcement/Boat Crew Member or equivalent (BMLE)
* Boat Operator Search and Rescue (BOSAR}
* Boating Under the Influence —Basic (BUI-Basic)
* Boating Under the Influence -Advanced (BUI-Adv)
* Personal Watercraft for Law Enforcement (PWCLE)
* Enhanced Vessel Operator Course (EVOC)
* Fall Marine Law Enforcement Conference
* Boating Accident I nvestigati on- Level I
* Officer Water Survival
* Boater Education Instructor Training (BEIT)
* Designated Education Officer Training (DEOT)
* Adventures in Boating Instructor Training
Page 4 of 9
* Other USCG training courses with prior approval
* Other NASBLA training courses with prior approval
Per Diem travel expenses at state per them rate in effect for the destination RBS
training, conferences, and meetings. Cost i1s,,prorated for percentage of travel /per
them for RBS purposes /missions only.
RBS EQUIPMENT
Allowable expenses may 'Include the purchase, maintenance and operation of patrol boats and
patrol boat equipment to perform the RBS mission as defined in WAC 352-65-040 only. Any
purchase exceeding $5,000 under the V funds must receive prior approval from the
Boating Program. Any purchases exceeding $2,600 under the FFA grant must receive
prior approval from the Boating Program. All decisions by the Boating Program for
equipment purchases are final.
PATROL VESSELS
0 Motors and hardware
0 Props
0 Trailers and maintenance of trailers (repair, tires, winch, cables, power take -off)
Patrol vessel and engine drive system repairs
Repair and replacement of equipment on boat (includes de -watering pumps which can
also be used as fire -fighting equipment)
• Tow vehicles (dedicated for 100% RBS use, or prorated for the percentage of time used
for RBS activities)
Hitch assemblies and installation cost for tow vehicles that are dedicated for 100% RBS
use, or prorated for the percentage of time used for RBS activities
Anti -freeze fluid
Batteries and fluid; maintenance and replacement
Costs related to the maintenance and repair of the vessel
Costs related to marking and identifying patrol vessels as government owned, which
includes painting, decals and cost of removal and application
Vessel electrical system repairs and replacement
• Electronic devices: parts and labor for maintenance, repairs to maintain, or
replacement when devices fail, or are no longer serviceable, or when upgrades
are required to meet customary and current standards for law enforcement work
• Devices dedicated to the program such as agency & VHF radios
• Radar units
Page 5 of 9
Washington State Parks & Recreation om'mis ion
• Sirens
• Blue lighting equipment
• Hailers
• Global positioning system (GPS) units
• Personal breath testers (PBT)
• Cell phones used 100% RBS only, or prorated for a percentage of time used on
boat
• Battery chargers and computers dedicated to program use
• Includes brackets and fittings for installation and use
Fluids for hydraulic system
Fuel, fuel additives and filters; associated disposal fees
• Gear oil for lower units
• Glass replacement. and costs to install, associated disposal fees
• Grease and lubricants
Oil and. oil filters; associated disposal fees
Parts and labor for regular scheduled maintenance and scheduled replacement
Parts for replacement on the vessel when failure occurs or when damaged and labor,
which includes engine, lower unit and cooling system repairs and replacement
Vessel canvas tops and side covers; includes repairs and replacement of
canvas/vinyl/plastic material and framing structures
Vessel hull and structural repairstreplacement of railings, pilot house, decks, cleats,
ladders, swim platforms, Sampson posts, fittings, towing equipment, davits, anchors,
chain, and associated hardware and fittings I
ASSOCIATED EQUIPMENT FOR PATROL VESSELS
• Cost of emergency response and rescue equipment repair, replacement and
maintenance, including: stretchers, first aid/first responder kits and materials, fire
suppression equipment and supplies.
• Cost of fees related to cell phone charges, annual registration charges, renewal fees,
and insurance are prorated for percentage of time used performing RBS missions.
• Cost of haul -outs and associated costs with cleaning and maintenance of hull, fixtures
and drive systems, and associated disposal fees,
• Costs related to moorage, including cost of water/electricity associated with maintenance
and moorage.
• Cost of required safety equipment on the vessel when replacement, repair, or regular
maintenance is needed to meet state/federal regulations and maintain USCG standards,
For example:
Page 6 of 9
Washington State Parks &.Recreation Commission
o Life jackets, replacement parts (clips, hooks, CO2 cartridges and re -arm kits) and
stencil 1 ng/screening of agency name or law enforcement
a Exposures suits
o Fire extinguishers/extinguishing systems
o Visual distress signals
a Navigation lights
• Sounding devices
o Ventilation systems
o Backfire flame arrestor
Cost of replacement, repair, or regular maintenance of equipment used during operation
and moorage. For example:
o Fenders
o Lines for towing and mooring
o Chafing gear
o Boathooks
o Towing equipment
o Bilge pumps
o Batteries
o Navigation charts
o Piloting equipment
o Helm fixtures and seats
o Logbooks
o Depth sounders & radar, does not include FUR systems
o Portable fuel tanks and hoses
PATROL VESSEL TRAILERS
0 Costs related to maintenance and repair of patrol vessel trailer(s)
0 Cost of tires and wheels, including: installation, repair, and balancing; associated
disposal fees
0 Electrical system maintenance, repair and replacement
Hitch and ball repair or replacement
Hydraulic or electric brake system maintenance, repair and replacement
011, grease and lubricants, and associated disposal fees
Winch maintenance, repair and replacement
BOAT EQUIPMENT
Page 7 of 9
Washington State Parks &Recreation Commission
Anchors
• Line for towing and mooring
• Chain or shackles and attachment hardware
Carabineers
Boat hooks
Fire extinguishers (only USCG approved)
Fenders
Depth finders
Radar units, does not 'Include FUR systems
Radios and computers, dedicated for 100% RBS use or prorated for the percentage of
time used for RBS activities
Lines for tie up
Light bars — blue lights only (no red, white or yellow lights)
Search lights dedicated for 100% RBS use or prorated for the percentage of time used
for RBS activities
FUR System (mounted on and wired to the vessel)
Sirens
Cost of installation and servicing of electronic components
Canvas and siding for weather protection
Haul out for cleaning/painting/servicing patrol vessels
First-aid kits dedicated for 100% RBS use or prorated for the percentage of time used for
RBS activities
Rescue throw bags for use on boats only
NAVIGATION AIDS & BUOYS
Navigation. signs & markers (to meet RCW 79A.60.500 and WAC 352)
-Decals for buoys
Chain
Cable and connectors
Weights
• Equipment to maintain buoys and signs to remain effective
EDUCATION
Publications to promote RBS education that are already prepared or the creation, design
and printing of publications
Page 8 of 9
N
Washington State Parks &Recreation Commission
all III ; j I I i i il m III alls 1 11111311 IN I 111111 RON I gi
Education equipment related to required boating safety equipment for recreational boats
Promotion of Adventures in Boating classes (including presentation materials, light
refreshments and room rental for classes)
NON -ALLOWABLE COSTS AND EXPENDITURES
Bullet proof vests are beneficial, however equipment of this nature is not essential for
meeting the established criteria in WAC 352-65-040 nor is it related to the performance -
of an RBS program mission and is considered a local agency responsibility to purchase.
0 Equipment used in recovery operations (dive equipment, etc.) while being used in an
RBS search or 'Investigation mode are 100% eligible. Once this equipment is used for
recovery operations it must be prorated between RBS missions and recovery missions.
0 Handheld or portable night vision, FUR or thermal imaging devices area 100%
allowable expense while in RBS patrol, search or investigation mode. Once this
equipment is used for recovery operations it must be prorated. Permanently mounted
and electrically wired FLI R and thermal Imaging devices are 100% allowable expenses.
0 Homeland security missions (weapons, etc.), or any other equipment determined as,
unrelated by the Boating Program is not an allowable expense.
0 Firefighting equipment is not an allowable expense.
EXHIBIT C - VESSEL REGISTRATION FEE PROGRAM GUIDANCE FOR MARINE LAW
ENFORCEMENT PROGRAMS
2021 Vessel
Registration Fee Prog
MLE 123-404 Subrecipient Agreement - Boating Program (FFA Grant Award) Page 35 of 35
WASHINGTON
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 -de i cl enforcing
J inclu=de n
RCW 79A.60-, Regulation of Recreational Vessels and providing emerge . ncy 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,aswell s its abilitytomeet the
a I I
requirements and assurances of WAC 352-65: Boatin
&Saft v Pro gyarn ,Apgroyal.
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 t . he population within their jurisdiction (based on 2019 census data).
• Small Agencies — Under 30,000 population
on
• Medium Agencies —Population between 301000 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,Sendakeparks.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.gov
Derek.Va n Dyke!2 pa rks.wa.gov
Com-munications Consultant MLE Program Coordinator & SOAR Reports
Christina Fremont Cheri Peel
Office., 360- 902-8837 Office: 360-902-8846
It 360-522-0744 Cheri.Peel@Darl<s.wa.gov
Christi*na.Fremont@i2arks.W2.gov
Fiscal Analyst
Mailing Address
Corey Tolar
Washington State Parks Boating Program
Office: 360-902-8843
Attn: MLE Program
Core .ToIar@parks.wa.g a
1111 Israel Rd SW
P.O. Box 42650
Administrative Assistan , t
Olympia.. WA 98504-2650
Kendra Harris
Office: 3.60-902-8832
Physical Address
Kendralee.Harrisgl2.arks.w,a.gov
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: GoBoatin.gWA.com
Nick.Walsh,@j)arks. wa..g
Page 3 of IS
Washington State Parks & Recreation Comm-ission
SIMON ----------
~_bleQfContents
Introduotiom....~..~...~~..^,..~ ~__,~~see ,,.,.~,,,,,, ism `~" a a,,**.^,,,,`~~a,_,^,,_~~,.~~,,~~~,~~~
State Parks Boating Program Contacts~~.Sea ..,.~.,,~.,^_~ Sea
,,^~~~,�
Overview mfAgency Eligibility Requirements and QuoUfbations.~~Seen
.-~'�,~~~.~,.~....~�~.^~._�_.-.��
Summary ofRequired Documents and Due Dates ..................... ....... ,~.0*#*00,~,........
Ad m-inistrative _��
and Financial Requiremmenta.~~..~..~.^..~..~~.0 ~~~^~~~^~~~'7
Annual Agreement -The A-299 Application Form ......................... '~~�...... ^'�~----�
.............. 7
Designated Marine Lead /Conference Attendance/Surveys ......~_.~,.~__~__�_~..~�_
Reporting Recreational Boating Activ/Itiemand Financial Data ........ Not Not ...,,._-~~.._~_.,- Net .~..,. see* ..,8
SOAR- Summary of ' Reports ................................. __,.~^,.~_................. ~~,,.~^,.~.,......... ,
Vessel Registration Fee Expenditure Repmrt...see Ott -~~... we ..__~~..,~~~-...... ..............
_-.~~~,—~��
�nenda|�o�umemt
Supporting �.~-^~_~...~....~~~.._~~..~....~~....._....-.,_-."..~.....-~..~..~108
Dedicated Account / Limitations wnthe Use ofFunds /Accountability ........................... ~,..^....._.~~........ 8
Linksto local ordinances....,...-...~_~_~set.~...~~.~_-__.____.__._~.~,__,.�
OperationalRequirements ... .~~~*so a_.~note ~~~^., MISS ~~~..,~~.~-~10 ~~.. -moil ~60-'~`~.~-..,~~.**~.~~_��...B
Officer / Deputy Qualifications yTraining /Training Currency ............................... ........ .,^,~^..~.~.-.____,,9
Vesselsand Equipment .......................... ................... Ott ~.'~..............
..~..�O
Boating Accident Reporting ..--',_~~~~~_,,_,,,~_~,,_~,,,~,~~,__,,,~.~~,.,,,.,.~,~_.____��
Boater Assistance ~,...~,..,',_-'.~~~~~~,,__,_,,,~_~, ~.,.,,,,~_,.~,_,,_,,.~,~..__,,~�.��
Boatpetnn (3oa Log Hours) ........ ...................... ~_~ owe. ,_,,,__~`~,,,._,,,~___,,.^~,.~,~._~,,,_
Mini -mum Hour Goals Based �Agency �_��_-.-.~�...~..~*so —_~~��
Enforcement........................................................................... '-~'^'-.--'.._~.~~~....~~~._--.....z�
BoatingSafety Inspections ... sot .—.......... -.,,,..~..~_-,_,.,_,~~~,,.,,,^^,~,-._~_-._~,_~_,.,~
Suggested Written Inspections -Minimum Goals ................................................................................................. 14
Boating Safety Education / Designated Education Officer / Deputy, -....-.--_-.~. see .,.........-.~_..z4
Education and Outreach Tactics and Suggested Goals ........ ..~.~..-.._...... ,~,..,.,-...-.......... .... -.z5
WaterwayMarking ---....^.~-.-----..~.~~..~^-~--.~--- see. ....~..._-Note ... ....... ......^....17
Amcountebi(itV,~..~~^..~..^^^^^~~~.^~^~.~..~..^~...~...^~,.~~^~~~-,...~,..`~sees Ott ..~~.~~._''~^''---- some* ... moo .l7
Audits...................................................................................................................................................................... 17
Page 4 of 18
Washington State Parks &Recreation Commission
Overviewof 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 & Finandal Requirements
is 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.
5. 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.60.200, IAC W 79A.60-220 and WAC 352-70.
12. Respond and provide assistance to boaters for on -water emergencies, complaints, and
accidents,
cd
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
I MM,
Summary of Required Documents and Due Dates
_5
bVOf. M." b -W -H,
D
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
-Surnmary of Activity Report (SOAR}
Web form
Quarterly *
Boating Accident Re -port (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
I Nov each year
-Financial System Report
Agency generAted
1 Nov each year
_TRF Fund Balance Report
Agency generated
I Nov each year
Boating Safety Surveys
N/A I
Varies
"I Liucuffienr a cue quarrerty arra musr ve.suvmitteaby the 15th of the month following the lost month of
the quarter (1st Qtr -04115, 2nd Qtr -07115, 3rd Qtr -10115, 4th Qtr. 01116).
Page 6 of 18
Washington State Parks &Recreation Commission
a &Financial Administrative 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:/
Irnle.narks..wa.gov/.
Designated Marine Lead / Conference Atte hdance / Surreys
Each agency has a unique and different operational environment that offer a variety of solutions to
ensure Marine Law Enforcement (NILE) unit operati I ons, enforcement, fiscal and administrative e functions
t
are conducted accordingto best practices. Some agencies may have a Lieutenant serving the NILE Unit
e i
Supervisor and crew member cond,uct*jng 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
responsibleprogram and for the day-to-day operations of its marine prograand acts as the point -of -contact with
State Parks on all issues and matters related to that agency's NILE 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.
ul
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,
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Washington State Parks &Recreation Commission
Reporting Recreational Boating Activities and Financial Data
SOAR — Summary of Activit v 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
I u ions
on how to fill it out, is located at http://mle.p�rks.wa.g
Vessel Req-1stration 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 penditures showing the amount of
vessel registration fees received, spent, and
s
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 RC . W 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 httr)://mle.parks,wa.gov/..
0
Sumorti,n9_ 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 Balan.ce. Re ort.. 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 I Accountabilit
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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Washington State Parks &Recreation Commission
----------- -- -
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 Fregulations.
Participating agencies must submit a web link to all such ordinances to State Parks using the designated
field in the A-299 Form,
Officer I 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
pin 11
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 h-ttp::I/mle.12arks.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 irements outlined in this guidance. Patrol vessels must be properly marked
and properly equipped as provided in chapter 88.02 RC 1! 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:
• Vessel name
• Manufacturer
• Radio equipped tY/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.
Port -able 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).
• 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.
• Model
• Length
• Propulsion type
• Horsepower
• Year
• Funds used to purchase the vessel (local, state, or federal)
• 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 thea enc is selling a vessel that
was purchased with federal grant dollars provided by State Parks -you must notify State Parks
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.
* Vehicle type
* Manufacturer
* SECTOR/Radio equipped
* Model
* Year
* Funds used for purchase,
* 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,
• Aircraft type
• Manufacturer
• SECTOR/Radio equipped
• Model
• Year
• Funds used for purchase.
• Percent of time employed for the RBS mission.
Equipment valued at $5000.00 (Le., 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).
* Type of equipment
* Manufacturer
* Model
* Year
* 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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WashingCon 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.
cc[
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.
IS ot , 11 11
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
re po rt.
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
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minimum number of hours per year. See the note below.
Minimum Patrol Hour Goals Based on Aqencv Size
0 Small agencies -.133 hours
0 Mediu m.agencies - 255 hours
0 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 atr I 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.
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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 RCK 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.
Suac it
iested Written Inst)ections — Minimum Goals
• Small, 92
• Medium, 283
• Large,. 372
Boating Safety Education I Designated Education Officer I 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,.,
0 Boating safety presentations, which may include presentations to primary and secondary school
children, boating organizations, or youth groups.
0 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,
0 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 Suqqested 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
Ca rd.
K Small =1,5 students, I Class
a Medium = 20 students, 1 Class
a 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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Washingion State Parks &Recreation Commission
- - - - - - - - - - - - - - -
a 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 =x.50 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 ty0e 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.
X Small = 5
a Medium =10
0 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,
a 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.
9 Small = 4
X
Medium -8
0 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.
K Small = 4
N Medium = 8
x 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 ,paigns making participation quick and simple.
These campaigns can have a powerful impact if all agencies participate.
-peration Dry Water carn ai n 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.
S12ri.,ng, board 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 BoatinWeek s a nationally observed week focused on encouraging all
g i
boaters to wear their lifejackets and other best practices for optimal safety. In addition
to media posts, agencies are encouraged to participate in "Wear 11' 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
deficien *cies. If
, after forty ;dive days, a county or loca-Ijurisdiction 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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MLE Sub -Recipient Agreement �-404 For Marine Law Enforcement
ATTEST:
Approved as to form:
Kevin McCrae, WSBA #43087
Grant County Prosecuting Attorney
Date: I /'. 3 f ol. ) _, 2023.
GRANT COUNTY BOARD
OF COUNTY COMMISSIONERS
Rob Jones,Chair
A
Ci Carter, Vice Chair
Danny S ne, Member