012-07 - WA State Transp. Improvement Board - Contract- Washington State Tt%rrrspwKation Improvement Board `— �--
$,�' ', Fuel Tax Grant Distribution Agreement JAN 112007
LEAD AGENCY:
PORT ORCHARD
PROJECT NUMBER:
8-2-153(001)-1 -
PROJECT TITLE:
Tremont Street -'
PROJECT TERMINI:
Port Orchard Blvd to SR 16
1.0 PURPOSE
APR 2007
7
CITY OF PORT C'
PUBLIC
The Washington State Transportation Improvement Board (hereinafter referred to as "TIB")
hereby grants funds for the project specified in the attached documents, and as may be
subsequently amended, subject to the terms contained herein. It is the intent of the parties, TIB
and the grant recipient, that this Agreement shall govern the use and distribution of the grant
funds through all phases of the project. Accordingly, the project specific information shall be
contained in the attachments hereto and incorporated herein, as the project progresses through
each phase.
This Agreement, together with the attachments hereto, the provisions of chapter 47.26 Revised
Code of Washington, the provisions of title 479 Washington Administrative Code, and TIB
Policies, constitutes the entire agreement between the parties and supercedes all previous
written or oral agreements between the parties.
2.0 PARTIES TO AGREEMENT
The parties to this Agreement are TIB, or its successor, and the grant recipient, or its successor,
as specified in the attachments.
3.0 TERM OF AGREEMENT
This Agreement shall be effective upon execution by TIB and shall continue through completion
of each phase of the project, unless terminated sooner as provided herein.
4.0 AMENDMENTS
This Agreement may be amended by mutual agreement of the parties. Such amendments shall
not be binding unless they are in writing and signed by personnel authorized to bind each of the
parties.
5.0 ASSIGNMENT
The grant recipient shall not assign or transfer its rights, benefits, or obligations under this
Agreement without the prior written consent of TIB. The grant recipient is deemed to consent
to assignment of this Agreement by TIB to a successor entity. Such consent shall not constitute
a waiver of the grant recipient's other rights under this Agreement.
6.0 GOVERNANCE & VENUE
This Agreement shall be construed and interpreted in accordance with the laws of the state of
Washington and venue of any action brought hereunder shall be in the Superior Court for
Thurston County.
TIB Form 190-500 Page 1 of 3 Rev. 2/14/2003
/3*ANme
Washington State Tr�rmspu7lation Improvement Board�-
-' ' Fuel Tax Grant Distribution Agreement
7.0 TERMINATION
7.1 UNILATERAL TERMINATION
Either party may terminate this Agreement upon 30 days' prior written notice to the other
party. If this Agreement is so terminated, the parties shall be liable only for performance
rendered or costs incurred in accordance with the terms of this Agreement prior to the
effective date of termination.
7.2 TERMINATION BY MUTUAL AGREEMENT
Either party may terminate this contract in whole or in part, at any time, by mutual
agreement with a 30 calendar day written notice from one party to the other.
7.3 TERMINATION FOR CAUSE
In the event TIB determines the grant recipient has failed to comply with the conditions
of this Agreement in a timely manner, TIB has the right to suspend or terminate this
Agreement. TIB shall notify the grant recipient in writing of the need to take corrective
action. If corrective action is not taken within 30 days, the Agreement may be
terminated. TIB reserves the right to suspend all or part of the Agreement, withhold
further payments, or prohibit the grant recipient from incurring additional obligations of
funds during the investigation of the alleged compliance breach and pending corrective
action by the grant recipient or a decision by TIB to terminate the Agreement. The grant
recipient shall be liable for damages as authorized by law including, but not limited to,
repayment of misused grant funds. The termination shall be deemed to be a
Termination for Convenience if it is determined that the grant recipient: (1) was not at
fault, or (2) failure to perform was outside of the grant recipient's control, fault or
negligence. The rights and remedies of TIB provided in this Agreement are not
exclusive and are in addition to any other rights and remedies provided by law.
7.4 TERMINATION FOR CONVENIENCE
TIB may, by ten (10) days written notice, beginning on the second day after the mailing,
terminate this Agreement, in whole or in part, because federal or state funds are no
longer available for the purpose of meeting TIB's obligations, or for any reason. If this
Agreement is so terminated, TIB shall be liable only for payment required under this
Agreement for performance rendered or costs incurred prior to the effective date of
termination.
7.5 TERMINATION PROCEDURE
Upon receipt of notice of termination, the grant recipient shall stop work and/or take such
action as may be directed by TIB.
TIB Form 190-500 Page 2 of 3 Rev. 2/14/2003
i* 4`� +
4 Washington State TrarmMrtation Improvement Board
._'' Fuel Tax Grant Distribution Agreement
8.0 AVAILABILITY OF TIB FUNDS
The availability of Transportation Improvement Board funds is a function of Motor Vehicle Fuel
Tax collections and existing contractual obligations. The local agency shall submit timely
progress billings as project costs are incurred to enable accurate budgeting and fund
management. Failure to submit timely progress billings may result in delayed payments or the
establishment of a payment schedule.
9.0 ATTACHMENTS
Attachments are incorporated into this agreement with subsequent amendments as needed.
Approved as to Form
This 14th Day of February, 2003
Rob McKenna
Attorney General
in
Signature on file
Elizabeth Lagerberg
Assistant Attorney General
Lead Agency
/�lnl' S %fW '/9 b-007-
Signature of Chairman/Mayo Date
�I(A U 0 r—
Print Name
Transportation Improvement Board
Executive Director Da e
Stevan Gorcester
Print Name
TIB Form 190-500 Page 3 of 3 Rev. 2/14/2003