017-24 - WA State Parks and Recreation Commission - ContractDocuSign Envelope ID: 99398B6B-EBC5-4E1C-A438-9EC6880F1FD9
WASHINGTON STATE PARKS AND RECREATION COMMISSION
SUBRECIPIENT GRANT AGREEMENT
FEDERAL FINANCIAL ASSISTANCE GRANT
Agreement No. MLE 325-196
This Agreement is between the State of Washington, the Washington State Parks and Recreation
Commission (WSPRC) acting by and through its Marine Law Enforcement Program ("MLE or
"Recipient") and Port Orchard Police Department ("Subrecipient"), each a "Party" and, together, the
"Parties".
SECTION 1: AUTHORITY
Per 2 Code of Federal Regulations 200 (2CFR200), WSPRC has determined this to be a "Subrecipient"
relationship under 2 CFR 200.330. This subrecipient agreement is authorized by 2 CFR 200 and 50
CFR 80. MLE is authorized to provide grants for recreational boating enforcement and education
activities and has sufficient grant funds available within its current biennial budget and has
authorized expenditure on the Subrecipient's Project as defined below, and the Subrecipient agrees
to comply with 2 CFR 200, MLE rules and other MLE adopted policies and procedures, and this
Subrecipient Grant Agreement.
SECTION 2: PURPOSE
The purpose of this Agreement is to set forth the obligations of both Parties in the awarding of funds
for recreational boating enforcement and education and to set forth the deliverables under the
Federal Financial Assistance Grant, hereinafter called the "Project."
SECTION 3: COURTESY INFORMATION & REMINDER
Very important information is located throughout this document. The onus is on the Subrecipient to
read the entire document which may include Attachments, Exhibits, or other information
incorporated by reference. Experience has shown that the following information seems to have the
most interest for the Subrecipient. As such, MLE is providing this nonexclusive list but cautions that
other important information does not appear in the Courtesy List.
• Term: See Section 5.1— Term
• Project Completion: See Section 5.2 — Project Completion
• Subrecipient's Authorized Representative: See Section 6.2 — Subrecipient's Authorized
Representative.
• Project completion date: See Section 7. 1.1 —Project Timeline
• Reimbursement Total: See Section 8.3.c [not titled].
• Grant Funds: See Section 9.2 — Grant Funds.
• Accident Report: See Section 12.7—Accident Report
• Information required for Federal Subawards (2 CFR §200.331(A) (1)J: See Exhibit B
• Subrecipient's Completed FFA Grant Application: See Attachment A.
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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 MLE represents the
State of Washington. If MLE ceases to exist or is no longer the state program designated to
administer this federal program, then references to MLE will be understood to be the State of
Washington.
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.
4.4 Exhibit: A document provided by the MLE Program that is also apart of this agreement and
incorporated by reference. See also Attachment.
4.5 RBS Officer: Recreational Boating Safety Officer is a fully commissioned law enforcement officer
in Washington State and has the authority to enforce the laws of the state of Washington and
local ordinances. The RBS Officer must have attended the Washington state Basic Marine Law
Enforcement Academy or an equivalent recognized by MLE.
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 it to be an official law enforcement vessel.
4.8 Recreational Vessel: Defined in federal regulation 50 CFR 85.11 as a vessel owned and operated
primarily for pleasure; or a vessel leased, rented, or chartered to another for recreational use.
4.9 Subrecipient: A Non -Federal entity that receives a subaward from a pass -through entity to carry
out part of a federal program; but does not include an individual that is a beneficiary of such
program. In this agreement, the subrecipient is the successful applicant with whom Washington
MLE awards a Federal Financial Assistance Grant (See 2 CFR 200.93).
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 out part of
a federal award received by the pass -through entity. It does not include payments to a contractor
or payments to an individual that is a beneficiary of a federal program. A subaward may be
provided through any form of legal agreement, including an agreement that the pass -through
entity considers a contract (See 2 CFR 200.92).
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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.
4.13 Large agency: An agency which services a jurisdiction 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
agreement 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, 2024, or the date of final payment issuance, whichever is later, unless terminated earlier in
accordance with Section 22 - Termination. See also, Section 12.3 Useful Life.
5.2 Project Completion. The Project shall be completed, and final billing for the Project shall be
submitted to MLE on or before October 15, 2024. Unless approved in writing, MLE shall not be
obligated to disburse any payments after this date.
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
have been completed by the Subrecipient.
SECTION 6: AUTHORIZED REPRESENTATIVES
6.1 WSPRC MLE Program Authorized Representative is:
Bryan Alexander, Marine Law Enforcement Coordinator
Washington State Parks - Boating Program
1111 Israel Road SW
Tumwater, WA 98501-6512
Bryan.alexander@parks.wa.gov
Backup:
Rob Sendak, Boating Program Manager
Washington State Parks - Boating Program
1111 Israel Road SW
Tumwater, WA 98501-6512
Rob.Sendak(@ PARKS.WA.GOV
6.2 Subrecipient's Authorized Representative is:
Chief Matt Brown
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Port Orchard Police Department
546 Bay Street
Port Orchard, WA 98366-5339
mbrown@cityofportorchard.us
(360) 876-1700
6.3 A Party may designate anew Authorized Representative by written notice to the other Party.
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 Subrecipient shall complete the approved project no later than September 30, 2024, as a
term of the acceptance of this grant award. The project timeline cannot be extended under the
scope of this agreement.
MLE staff shall monitor the activities conducted under the scope of this project on a quarterly
basis. Work will be considered complete, only when the following conditions are met:
• The activities described in the Scope of Work and this grant document have been
achieved.
• All request for reimbursements have been submitted.
0- All reporting through the MLE Statement of Activity Reporting system (SOAR) and
SECTOR have been completed
0- Appropriate proof of completion has been provided to MLE
If the work is not satisfactorily completed, Subrecipient will be in breach and MLE may, at its
discretion, rescind the grant and require repayment of any grant funds already disbursed.
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
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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 Subrecipient's property as deemed necessary by the Recipient for
inspection documents and any equipment. These periodic inspections are intended to ensure
continued compliant use of the awarded funds toward recreational boating safety enforcement
and education. materials, products, and workmanship to the original approved plans and
specifications. These inspections require a 30-day advance notification to the Subrecipient of
such inspection or access.
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 in the Subrecipient's
proposal, or not approved in writing by MILE, 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 Marine Law Enforcement Program, and in
cooperation with U.S. Recreational Boating Safety Act."
7.1.7 Project Sign. The Subrecipient may post in a conspicuous location on the vessel, a sign
identifying WSPRC, any Federal Agencies and specific federal grant program's participation in
the Project.
The Subrecipient shall include the following statement if publishing any report, news release or
publication regarding this project: "Partial funding for this project was provided by the
Washington State Parks Marine Law Enforcement Program. This program is funded by the U.S.
C.G. through the Sport Fish Restoration and Boating Trust Fund, which is financed by your
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;
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b. All employers, including Subrecipient that employ subject workers shall provide workers'
compensation insurance coverage for those workers, unless they meet the requirement
for exemption. Subrecipient shall require and ensure that each of its subcontractors
complies with these requirements (unless inapplicable as a matter of federal law); and
c. Not permit any lien or claim to be filed or prosecuted against WSPRC, due to any
construction or maintenance activities at the Project.
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.
7.1.11 Indemnification by Subrecipient's Contractors. For purposes of this Section 7.1.11—
Indemnification bySubrecipient's Contractors the term "contractor" means actors downstream
of the Subrecipient whether it be a contractor, a subcontractor, or downstream subrecipient of
the Subrecipient. The Subrecipient shall take all reasonable steps to cause its contractor(s) to
indemnify, defend, save and hold harmless the State of Washington and its officers, employees
and agents ("Indemnitee") from and against any and all claims, actions, liabilities, damages,
losses, or expenses (including attorneys' fees) arising from a tort caused, or alleged to be caused,
in whole or in part, by the negligent or willful acts or omissions of Subrecipient's contractor or
any of the officers, agents, employees or subcontractors of the contractor ("Claims"). It is the
specific intention of the Parties that the Indemnitee shall, in all instances, 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):
7.2.1 MLE shall pay Subrecipient as described in Sections 8 — Conditions to Disbursement and Section 9
— Reimbursement and Payment Terms.
SECTION & CONDITIONS TO DISBURSEMENT
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 maybe 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 (BMLE 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,
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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.
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 "B")
8.1.6 RBS Equipment as outlined in the Allowable Costs and Expenditures for State Vessel Registration
Fees and Federal Assistance Grants (Attachment "B"). Any equipment expenditures over two
thousand two hundred and fifty dollars ($2,250.00) must receive authorization from state parks
prior to purchase.
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 local agency responsibility to purchase.
8.2.2 Equipment used in recover 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.
8.2.3 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 FUR and
thermal imaging devices are 100% allowable expenses.
8.2.4 Homeland Security missions (weapons, etc.), or any other equipment determined as unrelated
by the boating program is not an allowable expense.
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8.2.5 Firefighting equipment is not an allowable expense.
8.2.6 Any equipment or vehicles not 100% dedicated to the RBS mission must be prorated,
documenting the amount of time the equipment or vehicle was dedicated to the program.
8.2.7 Operating costs for law enforcement vessels boats (staff, fuel, fluids, repairs, maintenance) or
operating costs for boats used to service floating restrooms (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.
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 MILE has received
from the Subrecipient:
a. Prior to Project plans, specifications, and cost estimate(s), statement of work,
request for proposal or other documentation for the Project, documents must be in
form and substance satisfactory to MILE.
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 #" 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 $10,671.91.
d. MLE will reimburse Subrecipient up to an additional $5,000.00 who supply a
recognized BMLE 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
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commencing on June 1, 2024.
e. The Subrecipient may not exceed the approved budget which was proposed by
the Subrecipient as part of the Subrecipient's Subrecipient Grant Application
that was accepted by MLE. The Subrecipient's budget is attached to this
agreement (Exhibit "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 MLE 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 MILE. In no event shall MLE
disburse more than fifty percent (50%) of the amount indicated in Section 9.2 — Grant Funds as
progress payments.
8.5 Conditions Precedent to Final Payment. MILE shall not be obligated to make final payment
hereunder until the following have been completed or supplied:
a. Supporting documentation inform and content determined by MLE, has been
received reviewed and approved by MILE; and
b. Subrecipient provides summary of work achieved pursuant to the SOW as provided
with the grant application to MLE with funding the Project; and
c. Inspection and approval of the Project by MILE 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, MILE shall provide federal grant
funds in the amount of Ten Thousand Six Hundred Seventy -One and 91/100ths Dollars
($10,671.91) to the Subrecipient to 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 grant purposes. Vessel Registration Fees cannot be used as match.
These are non -reimbursable items. Allowability of any cost sharing or match shall be determined
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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 Two Thousand Six
Hundred Sixty -Seven and 98/100ths Dollars ($2,667.98) 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 as match; however, in -kind match as
reported in the VRF Expenditure 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 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
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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 MILE the amount paid in excess of such allowable expenses
within thirty (30) days of September 30, 2024.
9.8 Offset or Reduction. The Subrecipient agrees that payment(s) made by MILE 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. MLE will not reimburse Subrecipient for any costs incurred prior to the effective
date of this agreement October 1, 2023.
SECTION 10: REPRESENTATIONS AND WARRANTIES
Subrecipient represents and warrants to MILE 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'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, or profession; and
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10.5 Subrecipient shall, at all times during the term of this Agreement, be qualified, professionally
competent, and duly licensed to perform its obligations under this Agreement. The
representations and warranties set forth in this Section 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 MLE or any other agency or department of the State of Washington, or
both, and Subrecipient that arises from or relates to this Agreement shall be brought and conducted
solely and exclusively within the Superior Court for Thurston County, State of Washington; provided,
however, if a Claim MUST be brought in a federal forum, then it shall be brought and conducted solely
and exclusively within the United States District Court for the Western District of Washington. In no
event shall this Section 11— Governing Law and Consent to Jurisdiction be construed as a waiver by the
State of Washington of any form of defense or immunity, whether sovereign immunity, governmental
immunity, immunity based on the eleventh amendment to the Constitution of the United States or
otherwise, to or from any Claim or from the jurisdiction of any court. SUBRECIPIENT, BY EXECUTION
OF THIS AGREEMENT, HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF SAID COURTS.
SECTION 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 grant. Subrecipient may not,
during the term of the grant, transfer or convey its ownership interest in the equipment.
Subrecipient shall not at any time during the term of the grant convert any facility equipment
which was acquired pursuant to the grant to a use other than those for which the assistance was
originally approved.
Equipment purchased with Recreational Boating Safety Act funds shall be used only for the
purpose for which it was purchased and no other purpose, whether or not the Subrecipient
continues to be supported by Recreational Boating Safety Act grant funds.
Observed/reported incidents of unauthorized use of MILE equipment shall be addressed by the
following:
1) Any observed/reported incident of unauthorized use of MLE funded vessels will be
followed -up by MLE communication with the Subrecipient. MLE may conduct site visits
or contact area boaters for supplemental information as necessary.
2) In those instances where the MILE determines that an unauthorized use of a MLE funded
vessel has occurred, the MILE will provide written notification to the operator of its
determination with a warning that continued misuse or abuse of MILE -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.
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12.2 Title. Title to equipment purchased under this Agreement shall vest in the Subrecipient. If the
Subrecipient determines that it cannot use the equipment for the stated grant purposes at any
point prior to the end of the equipment's useful life, but after the end of this award period and
any extensions thereof, the Subrecipient shall inform MLE in writing within 30 days of such
determination. Such equipment shall be transferred by the Subrecipient to a third party
approved by MLE for use for grant purposes in accordance with applicable provisions of state and
federal law. Should the equipment not be transferred to another State Parks RBS approved law
enforcement agency in accordance with this provision, the equipment shall either be returned to
MLE for use for grant purposes, or it shall be disposed in accordance with 50 CFR Part 85; and 2
CFR Part 200.
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 or project
for which it was acquired, as Recreational Boating Safety Act Program. When no longer needed
for the original program or project, equipment may be used in other activities in the following
order of priority:
a. Activities supported under a Federal award from the Federal awarding agency which
funded the original program or project; then
b. Activities under Federal awards from other Federal awarding agencies; then
c. Any activities consistent with the administration of the Washington State Parks and
Recreation Commission.
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 MLE 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.
12.5.2 Operation shall include having trained personnel available to facilitate operation of the
equipment and a schedule for maintenance.
12.5.3 Law Enforcement vessels shall be operated by trained personnel with a valid State of
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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 Asa 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 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 (10) 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 ($1000) or less. For repairs
greater than one thousand dollars ($1000) the equipment must be fully operational within sixty
(60) days after the breakdown. A written report for all breakdowns must be submitted via email
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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.
SECTION 13: OWNERSHIP OF WORK PRODUCT
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 written approval of the MLE or federal government.
SECTION 14: NO DUPLICATE PAYMENT
The Subrecipient shall not be compensated for, or receive any other form of duplicate, overlapping or
multiple payments for the same work performed under this Agreement from any agency of the State
of Washington, including, but not limited to the Washington State Parks and Recreation Commission,
or the United States of America or any other party.
SECTION 15: CONTRIBUTION ON THIRD PARTY CLAIMS
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-
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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 Party Claims and a meaningful 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 MLE is jointly liable with Subrecipient (or would be if
joined in the Third Party Claim ), MLE shall contribute to the amount of expenses (including
attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably
incurred and paid or payable by Subrecipient in such proportion as is appropriate to reflect the
relative fault of MLE on the one hand and of Subrecipient on the other hand in connection with
the events that resulted in such expenses, judgments, fines or settlement amounts, as well as any
other relevant equitable considerations. The relative fault of MLE on the one hand and of
Subrecipient on the other hand shall be determined by reference to, among other things, the
Parties' relative intent, knowledge, access to information and opportunity to correct or prevent
the circumstances resulting in such expenses, judgments, fines, or settlement amounts. MLE's
contribution amount in any instance is capped to the same extent it would have been capped
under Washington law if the State had sole liability in the proceeding.
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 MLE in such proportion as is appropriate to reflect the
relative fault of Subrecipient on the one hand and of MLE on the other hand in connection with
the events that resulted in such expenses, judgments, fines or settlement amounts, as well as any
other relevant equitable considerations. The relative fault of Subrecipient on the one hand and of
MLE on the other hand shall be determined by reference to, among other things, the Parties'
relative intent, knowledge, access to information and opportunity to correct or prevent the
circumstances resulting in such expenses, judgments, fines, or settlement amounts.
Subrecipient's contribution amount in any instance is capped to the same extent it would have
been capped under Washington law if it had sole liability in the proceeding.
SECTION 16: SUBRECIPIENT DEFAULT
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
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receiver, custodian, trustee, or liquidator of itself or all of its property, (b) admits in writing its
inability, or is generally unable, to pay its debts as they become due, (c) makes a general
assignment for the benefit of its creditors, (d) is adjudicated a bankrupt or insolvent, (e)
commences a voluntary case under the Federal Bankruptcy Code (as now or hereafter in effect),
(f) files a petition seeking 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 or winding -up, or the
composition or readjustment of debts of Subrecipient, (b) the appointment of a trustee, receiver,
custodian, liquidator, or the like of Subrecipient or of all or any substantial part of its assets, or (c)
similar relief in respect to Subrecipient under any law relating to bankruptcy, insolvency,
reorganization, winding -up, or composition or adjustment of debts, and such proceeding or case
continues undismissed, or an order, judgment, or decree approving or ordering any of the
foregoing is entered and continues unstayed and in effect for a period of sixty consecutive days,
or an order for relief against Subrecipient is entered in an involuntary case under the Federal
Bankruptcy Code (as now or hereafter in effect).
SECTION 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.
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 naming Washington
State Parks Commission as an additional insured against any liability arising out of Subrecipient's
or its agents, employees, or assigns. Subrecipient shall provide to Commission, a certificate
evidencing such insurance coverage and shall provide 30 days written notice prior to any changes
in the amount or cancellation of said policy.
• Subrecipient shall buy and maintain property insurance covering all real property and
fixtures, equipment, and tenant improvements and betterments. Such insurance shall
be written on an all-risk's basis and, at a minimum, cover the perils insured under ISO
special causes of loss Form CP 10 30, and cover the full replacement cost of the property
insured. Such insurance may have commercially reasonable deductibles.
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• 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, if necessary,
commercial umbrella liability insurance with a limit not less than $1,000,000 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 to provide contractual liability coverage. Subrecipient waives all rights
against State for the recovery of damages to the extent they are covered by business auto liability
or commercial umbrella liability insurance.
18.3 INDUSTRIAL INSURANCE COVERAGE-- Subrecipient shall provide or purchase industrial insurance
coverage for themselves their employees as required by Labor and Industries prior to performing
work under this Agreement. Commission will not be responsible for payment of industrial
premiums or for any other claim or benefit for Subrecipient, or any subcontractor or employee of
Subrecipient, which might arise under the industrial insurance laws during the performance of
duties and services under this agreement. Subrecipient, its employees and agents performing
under this contract, are not employees of Commission.
18.4 CERTIFICATE OF INSURANCE / NAMING WASHINGTON STATE AS ADDITIONAL INSURED: A current
Certificate of Insurance must be submitted with the grant application form. The certificate must
name Washington State Parks and Recreation Commission as an additional insured, and the
Certificate Holder and contain a provision that the insurance will not be canceled for any reason
except after thirty (30) days written notice. Facilities must be insured by carriers licensed in or
eligible to do business in Washington, and must maintain applicable Commercial General Liability,
Automobile Liability, and Worker's Compensation coverage. Government entities will need to
include a letter from their Chief Financial Officer stating if they are self -insured or provide a
certificate of insurance as stated below."
SECTION 19: REMEDIES
19.1 In the event Subrecipient is in default under Section 16—Subrecipient Default MILE 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 MLE may pursue any remedy or remedies singly,
collectively, successively or in any order whatsoever.
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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 Non -
Appropriation or Project Ineligibility, or Section 22.4 —Termination for Default, Subrecipient's sole
monetary remedy will be (a) for work compensable at a stated rate, a claim for unpaid invoices
for work completed and accepted by MILE, for work completed and accepted by MLE within any
limits set forth in this Agreement but not yet invoiced, for authorized expenses incurred, less any
claims MLE 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 by MILE, for authorized expenses incurred, less previous amounts paid
for the deliverable and any claims that MLE has against Subrecipient. In no event will MLE be
liable to Subrecipient for any expenses related to termination of this Agreement or for anticipated
profits. If previous amounts paid to Subrecipient exceed the amount due to Subrecipient under
this Section 19.2, Subrecipient shall promptly pay any excess to MLE.
SECTION 20: RECOVERY OF OVERPAYMENTS
In addition to the remedies provided in Section 9.7 - Overpayment, if payments to Subrecipient under
this Agreement, or any other agreement between MILE and Subrecipient, exceed the amount to which
Subrecipient is entitled, MILE will not reimburse any further claims. In addition, MLE will require
repayment of any over payments as reflected in Section 9.7 of this agreement. may, after notifying
Subrecipient in writing, withhold from payments due Subrecipient under this Agreement, such
amounts, over such periods of times, as are necessary to recover the amount of the overpayment.
SECTION 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.
SECTION 22: TERMINATION
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 MILE may
turn any delinquent debt over for collection.
22.2 Termination Because of Inefficiency. Use of federal funds demands good stewardship. MLE in
an ongoing basis will be monitoring the performance of the subrecipient through the
subrecipient's reporting into the MLE Statement of Activity Reporting system. If in MLE's opinion,
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these metrics demonstrate poor stewardship the Agreement will be terminated. If feasible, MILE
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. MLE, as provided in Section
33 - Force Majeure, may modify or terminate this Agreement and at any 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 or guideline be
modified, changed, or interpreted in such a way that the Project, or any portion of
the Project, is no longer eligible for facility grant funds.
b. In the event insufficient funds are appropriated for the payments under this
Agreement and the Subrecipient has no other lawfully available funds, then the
Subrecipient may terminate this Agreement at the end of its current federal fiscal
year, with no further liability to MLE. The Subrecipient shall deliver written notice
to MLE of such termination no later than 30 days from the determination by the
Subrecipient of the event of non -appropriation. MLE shall pay for all authorized
Project costs expended up to the date of written notice of termination.
22.4 Termination for Default. MLE, at anytime 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 MLE; or
e. During the term of this Agreement, the Subrecipient fails to perform any obligation
or requirement of this Agreement.
f. The Subrecipient defaults under any other agreement between the Parties.
22.5 Rights and Remedies.
a. The Subrecipient shall, within 30 days of its receipt of a notice of default, reimburse
MLE for all funds contributed by MILE to the Project. Further, MILE shall have any
and all rights and remedies available at law or in equity.
b. In the event that Subrecipient has materially failed to comply with this Agreement
and such non-compliance has resulted in the Federal Funding Agency terminating
MLE's grant or cause or requires MLE to return funds to the Federal Funding
Agency, Subrecipient will return to MLE an amount equal to the funds which MLE is
not reimbursed for or is required to return to Federal Funding Agency.
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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
The terms of this Agreement may not be altered, modified, supplemented, or otherwise amended,
except by written agreement of the Parties.
This agreement may be amended only by mutual agreement of the parties in writing. Formal written
amendment of the contract is required for changing the terms and conditions specifically stated in the
original agreement and any prior amendments, including but not limited to:
• Budget revisions
• Scope of work
• Change in due dates
• Extensions of the period of performance
• Any other revisions determined material by MLE
SECTION 25: NOTICE
Except as otherwise expressly provided in this Agreement, any notices to be given relating to this
Agreement must be given in writing by email, personal delivery, or postage prepaid mail, to a Party's
Authorized Representative at the physical address or to such other addresses as either Party may
indicate pursuant to this Section 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 11— Governing Law and
Consent to Jurisdiction, Section 13 — Ownership of Work Product, Section 20 — Recovery of
Overpayments, Section 21— Limitation 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.
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.
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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.
SECTION 29: COMPLIANCE WITH LAW
29.1 Compliance with Law Generally. Subrecipient shall comply with all federal, state, and local laws,
regulations, executive orders, and ordinances applicable to Subrecipient and the
Agreement.
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 Compliance. Subrecipient has complied with the tax laws of this state and the applicable tax
laws of any political subdivision of this state. Subrecipient shall, throughout the duration of this
Agreement and any extensions, comply with all tax laws of this state and all applicable tax laws of
any political subdivision of this state. For the purposes of this Section 29.3 — Tax Compliance, "tax
laws" includes: (i) All tax laws of this state; (ii) Any tax provisions imposed by 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.
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.
MLE 325-196 Subrecipient Agreement -Boating Program (FFA Grant Award) Page 22 of 36
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The state of Washington may take any and all actions permitted by law relative to the collection
of taxes due to the state of Washington or a political subdivision, including (i) garnishing the
Subrecipient's compensation under this Agreement or (ii) exercising a right of setoff against
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 Subrecipient 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.
SECTION 34: ASSIGNMENT AND SUCCESSORS IN INTEREST
Subrecipient may not assign or transfer its interest in this Agreement and any attempt by Subrecipient
to assign or transfer its interest in this Agreement will be void and of no force or effect— The provisions
of this Agreement will be binding upon and inure to the benefit of the Parties hereto, and their
respective successors. Any sub grant entered into under this Agreement shall contain terms and
conditions substantially similar to this Agreement, including Federal provisions contained in Exhibit A
MLE 325-196 Subrecipient Agreement -Boating Program (FFA Grant Award) Page 23 of 36
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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.
SECTION 38: RECORDS MAINTENANCE AND ACCESS
Subrecipient shall maintain all financial records relating to this Agreement in accordance with
generally accepted accounting principles. In addition, Subrecipient shall maintain any other records,
books, documents, papers, plans, records of shipments and payments and writings of Subrecipient,
MLE 325-196 Subrecipient Agreement -Boating Program (FFA Grant Award) Page 24 of 36
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whether in paper, electronic or other form, that are pertinent to this Agreement in such a manner as
to clearly document Subrecipient's performance. All financial records, other records, books,
documents, papers, plans, records of shipments and payments and writings of
Subrecipient, whether in paper, electronic or other form, that are pertinent to this Agreement, are
collectively referred to as "Records." Subrecipient acknowledges and agrees that Washington State
Parks and Recreation Commission and the federal government and their duly authorized
representatives will have access to all Records to perform examinations and audits and make excerpts
and transcripts. Subrecipient shall retain and keep accessible all Records for a minimum of six (6)
years, or such longer period as may be required by applicable law, following termination of this
Agreement, or until the conclusion of any audit, controversy or litigation arising out of or related to
this Agreement, whichever date is later.
SECTION 39: HEADINGS
The headings and captions to sections or subsections of this Agreement have been inserted for
identification and reference purposes only and may not be used to construe the meaning or to
interpret this Agreement.
SECTION 40: INCORPORATION BY REFERENCES AND ORDER OF PRECEDENCE
The table below reflects the documents that are incorporated by reference (whether attached or not)
and the order of precedence should there be a conflict between the parts of document or other
documents incorporated by reference. The lower the number, the higher the precedence. Where
two or more documents address a point or concept but are not in conflict, they should be read as
supplemental, additive, and/or cumulative.
Precedence
Document
1(highest)
United State of America Laws or Rules AND Washington State Laws and Rules
2
Amendments to any of the documents listed below shall control over the earlier
version of that same document or earlier amendment to that same document.
3
EXHIBIT A - FEDERAL COMPLIANCE TERMS
4
EXHIBIT B - INFORMATION REQUIRED BY 2 CFR §200.211(b)
5
EXHIBIT C — 2 CFR 200, Appendix II -TERMS
6
ATTACHMENTA- SUBRECIPIENT'S MLE GRANT APPLICATION
7
ATTACHMENT B—ALLOWABLE COSTS & EXPENDITURES FOR STATE VESSEL
REGISTRATION FEES AND FEDERAL ASSISTANCE GRANTS
8
ATTACHMENT C—VESSEL REGISTRATION FEE PROGRAM GUIDANCE FOR MARINE
LAW ENFORCEMENT PROGRAMS
MLE 325-196 Subrecipient Agreement -Boating Program (FFA Grant Award) Page 25 of 36
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SECTION 41: SIGNATURES
This Agreement, which includes incorporated documents, is executed by the persons signing below
who warrant under penalty of perjury under the laws of the State of Washington that they have read
and understood the document and find it to be legal, valid, and a binding obligation, enforceable
according to its terms, and have the authority to execute the contract.
Washington State
Parks and Recreation
Port Orchard Police Department
Commission
546 Bay Street
1111 Israel Road SW
Port Orchard, WA 98366-5339
PO Box 42650
Olympia, WA 98504-2650
DocuSigned by:
DocuSigned by:
Sign:
c�In SWA,
Sidi ;r
3B96492EY5847D...
Name and Title: Rob Putaansuu, Mayor
Title: ffbAcltraCts and Grants Manager
Email: rputaansuu@portorchardwa.gov
Email: Contractsgftarksma.gov
Date: January 24, 2024
ojt726/2024
Place: Port Orchard, WA
Place: Tumwater, WA
MLE 325-196 Subrecipient Agreement -Boating Program (FFA Grant Award) Page 26 of 36
DocuSign Envelope ID: 99398B6B-EBC5-4E1C-A438-9EC6880F1FD9
EXHIBIT A: FEDERAL COMPLIANCE TERMS
I. Grant Subrecipient Compliance Requirements:
A. Subrecipient is responsible to ensure compliance with the federal implementing regulations
for (Clean Vessel Act 50 CFR Part 85 or Boating Infrastructure Grant Program 50 CFR Part 86).
B. Subrecipient to comply with Assurances — Construction Programs (Standard Form 424D)
C. Pursuant to 2 CFR Part 170, MLE will enter grant information into the Federal Funding
Accountability and Transparency Act (FFATA).
II. Federal Terms and Conditions:
Subrecipient is responsible to comply with the following Federal Terms and Conditions, as
applicable:
A. Uniform Administrative Requirements, 2 CFR Part 200, Subparts A through D or the
equivalent applicable provision adopted by the awarding federal agency in 2 CFR Subtitle B.
including but not limited to the following:
1. Property Standards. 2 CFR 200.313, or the equivalent applicable provision adopted by
the awarding federal agency in 2 CFR Subtitle B, which generally describes the required
maintenance, documentation, and allowed disposition of equipment purchased with
federal funds.
2. Contract Provisions. The contract provisions listed in 2 CFR Part 200, Appendix II, or
the equivalent applicable provision adopted by the awarding federal agency in 2 CFR
Subtitle B, that are hereby incorporated into this Exhibit. These are, to the extent
applicable, obligations of Subrecipient, and Subrecipient shall also include these
contract provisions in its contracts with non -Federal entities.
3. Audits. Subrecipient shall comply, and require all subcontractors to comply, with
applicable audit requirements and responsibilities set forth in this Agreement and
applicable state or federal law. If Subrecipient expends $750,000 or more in federal
funds (from all sources) in a fiscal year beginning on or after December 26, 2014,
Subrecipient shall have a single organization -wide audit conducted in accordance with
the provisions of 2 CFR Subtitle B with guidance at 2 CFR Part 200. Copies of all audits
must be submitted to MLE within 30 days of completion.
B. Cost Principles 2 CFR Part 200, Subpart E
C. Central Service Cost Allocation Plans Appendix V to Part 200
D. Indirect Cost Proposals Appendix VII to Part 200
E. Audit Requirements 2 CFR Part 200, Subpart F
MLE 325-196 Subrecipient Agreement -Boating Program (FFA Grant Award) Page 27 of 36
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F. Federal Non-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 LE.
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 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 management programs 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.)
6. Historic Preservation Act, E.O. 11593 (which requires Subrecipient to assist the
MLE 325-196 Subrecipient Agreement -Boating Program (FFA Grant Award) Page 28 of 36
DocuSign Envelope ID: 99398B6B-EBC5-4E1C-A438-9EC6880F1FD9
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 1361ff).
I. Other Requirements (USFWS specific)
1. Universal Identifier and Central Contractor Registration 2 CFR Part 25
2. Reporting Sub -awards and Executive Compensation 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 sub -
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 -recipients)
(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 predominant language of the workforce, of the employee
whistleblower rights and protections under 41 U.S.C. 4712.
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.
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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.
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DocuSign Envelope ID: 99398B6B-EBC5-4E1C-A438-9EC6880F1FD9
EXHIBIT B: INFORMATION REQUIRED BY 2 CFR §200.211(b)
Federal Award Identification:
(i) Subrecipient name (which must match registered name in DUNS): Port Orchard Police Department
(ii) Subrecipient's UEI number: #C12QPGL3JE64
(iii) Federal Award Identification Number (FAIN): #3323FAS230153
(iv) Federal Award Date: 10 1 2023
(v) Sub -award Period of Performance Start and End Date: From 10/1/2023 to 9/30/2024
(vi) Total Amount of Federal Funds Obligated by this Agreement: $10,671.91
(vii) Total Amount of Federal Award committed to the Subrecipient by the pass -through
entity: $10,671.91
(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: Washington 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 entity" refers to Washington MLE
Grant Program.
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DocuSign Envelope ID: 99398B6B-EBC5-4E1C-A438-9EC6880F1FD9
EXHIBIT C: 2 CFR 200, APPENDIX II - TERMS
Provisions for Non -Federal Entity Contracts Under Federal Awards (current as of 20200717)
In addition to other provisions required by the Federal agency or non -Federal entity, all contracts made
by the non -Federal entity under the Federal award must contain provisions covering the following, as
applicable.
(A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is
the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the
Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address
administrative, contractual, or legal remedies in instances where contractors violate or breach
contract terms, and provide for such sanctions and penalties as appropriate.
(B) All contracts in excess of $10,000 must address termination for cause and for convenience by
the non -Federal entity including the manner by which it will be affected and the basis for
settlement.
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-
1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with
Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-
1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246
Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60,
"Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of
Labor."
(D) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities
must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-
3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards
Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In
accordance with the statute, contractors must be required to pay wages to laborers and mechanics
at a rate not less than the prevailing wages specified in a wage determination made by the
Secretary of Labor. In addition, contractors must be required to pay wages not less than once a
week. The non -Federal entity must place a copy of the current prevailing wage determination
issued by the Department of Labor in each solicitation. The decision to award a contract or
subcontract must be conditioned upon the acceptance of the wage determination. The non -
Federal entity must report all suspected or reported violations to the Federal awarding agency.
The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act
(40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3,
"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by
Loans or Grants from the United States"). The Act provides that each contractor or subrecipient
must be prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which he or she is
otherwise entitled. The non -Federal entity must report all suspected or reported violations to the
Federal awarding agency.
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all
contracts awarded by the non -Federal entity in excess of $100,000 that involve the employment of
MLE 325-196 Subrecipient Agreement -Boating Program (FFA Grant Award) Page 32 of 36
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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 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.S.C. 1352) - Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in connection
with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier
must also disclose any lobbying with non -Federal funds that takes place in connection with
obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -
Federal award.
(J) See § 200.322 Procurement of recovered materials.
[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014
MLE 325-196 Subrecipient Agreement -Boating Program (FFA Grant Award) Page 33 of 36
DocuSign Envelope ID: 99398B6B-EBC5-4E1C-A438-9EC6880F1FD9
ATTACHMENT "A": SUBRECIPIENT'S FFA GRANT APPLICATION
n.P�DF
PORT ORCHARD PD
2024 A-300 Applicati(
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DocuSign Envelope ID: 99398B6B-EBC5-4E1C-A438-9EC6880F1FD9
Washington State Parks & Recreation Commission - Recreational Boating
Program
Federal Financial Assistance Grant Program Application
Application Year: 2024
Agency Name: Port Orchard Police Department
PREVENTION PLAN PART 1 - ASSESSMENT, IDENTIFICATION, GOALS
High Priority Boating Risks and Hazards
High Priority Boating Risks &
Data / Professional Judgement
Comments
Hazards
Lack of required Safety
Commonly encountered at
Intercepting Uneducated Boater
Equipment
ramp inspections
"Before" they embark is a
powerful tool.
Vessels Without All required life
Commonly encountered at
Intercepting Uneducated Boater
jackets
ramp inspections
"Before" they embark is a
powerful tool.
Operators Without A Boater
Commonly encountered at
Intercepting Uneducated Boater
Education Card
ramp inspections
"Before" they embark is a
powerful tool.
Vessels with expired
Moored at one of our seven
Education and enforcement
registration
marinas or on DNR land
addresses this problem, and
leads to addressing other issues
that are also likely.
Currently about 35 vessels that
Increased contacts, posting
Derelict vessels are a
are
notices on vessels, working with
navigational hazard when they
derelict/abandoned/violating
DNR to enforce laws and either
break free, environmental
moorage
gain compliance or seize vessels
hazard when they sink, any any
for destruction.
inaction invites more and more
of them.
High Priority Audiences
Description of Audience
Why is this Audience a Priority?
Comments
Vessels owners that move a
The need for education
This is a regionwide problem,
vessel to DNR land and
regarding the hazard this poses,
with a "Squeeze the sponge"
abandoned them there.
and the cost that will be passed
effect that just moves the
onto them for any legal action.
problem from jurisdiction to
jurisdiction.
Retirement Age Couples
Least Physically Capable to
A positive outreach helps build
Endure On -Water Emergency
the Boating Community.
DocuSign Envelope ID: 99398B6B-EBC5-4E1C-A438-9EC6880F1FD9
Boaters that use the Port
Orchard boat ramp.
Ensure that boaters are
properly educated and
equipped, before their voyage
begins.
This helps to reduce the
number of emergencies on the
water.
Hundreds of boaters that have
Ensure that boaters are
A positive outreach helps build
moored vessels in Port
properly educated and
the Boating Community.
Orchard's seven marinas.
equipped, before their voyage
begins.
"Non -Registered" vessel owners
Identified ownsership through
This reduces the risk of
in marinas a moored on DNR
registration, promotes
abandoned or derelict vessels
Land.
responsibility for vessels, and
and protects the marine
reduces derelict or abandoned
environment from neglected
vessels that incur financial loss
vessels that could sink.
to the tax payer, and endanger
the environment, and create
navigational hazards.
PREVENTION PLAN PART 1 - TASKS, TACTICS, MEDIA
Patrol Plans / Emphasis Patrols / Enforcement Policies
Activity
Time Frame
Patrol Hour Goal
Inspection Goal
Comments
Type
"Compli
All days and
32.00
Patrol
Our waters
Patrol
mentary
times -
Plan/Emphasis
are primarily
Plan/Empha
Vessel
depending
Patrol/Enforcem
for "Transit"
sis
Safety
on tides at
ent Policy
and majority
Patrol/Enfor
Inspectio
boat launch
of hours will
cement
ns" at the
be used
Policy
Boat
conducting
Ramp
Ramp
and
Inspections
Marinas
through
Media
Outreach
Advertise
ment
Public
Chris Craft
16.00
Patrol
Patrol
Outreach
Convention,
Plan/Emphasis
Plan/Empha
/Educatio
Performanc
Patrol/Enforcem
sis
n and
a Boats
ent Policy
Patrol/Enfor
Complim
Rendezvous
cement
entary
, National
Policy
Vessel
Night Out
Safety
Inspectio
ns at
DocuSign Envelope ID: 99398B6B-EBC5-4E1C-A438-9EC6880F1FD9
Public
Events
Vessel
Patrol
16.00
Patrol
Patrol
Registrati
hours,
Plan/Emphasis
Plan/Empha
on
Ramp
Patrol/Enforcem
sis
Complian
Inspections,
ent Policy
Patrol/Enfor
ce
Random
cement
and Varied,
Policy
via Foot
Patrol at
Marinas
and from
the water.
Ramp
May -
Safety Inspection
We are a
Safety
Inspectio
August
small
Inspection
ns
department
and we are
down to only
3 RBS
Officers, and
two new
officers that
are waiting to
go to the
Basic Marine
LE Academy.
However, we
will continue
to strive for
50
inspections
per year.
Patrols to
This is a
15.00
Patrol
Patrol
identify
long-term
Plan/Emphasis
Plan/Empha
vessel
problem
Patrol/Enforcem
sis
marking/
with no
ent Policy
Patrol/Enfor
character
quick
cement
istics/Hull
solution. Bi-
Policy
ID
monthly
numbers.
patrols
Post
targeting
vessels
this
with
problem.
notices
to
comply. If
necessary
, seize
DocuSign Envelope ID: 99398B6B-EBC5-4E1C-A438-9EC6880F1FD9
vessels
for
destructi
on.
State Approved Boater Education Classes & Community Events
Activity
Date
Hours
Attendance
Comments
Type
Planned
Provide
7/4/2024
8.00
Fireworks from
Community
Boater
a barge in Port
Events
Education
Orchard's
and
Sinclair Inlet
Awareness
Material at
Public Events
to include
protection
against theft,
hypothermia,
boating
safety,
equipment
requirements,
and life jacket
information.
Boater
7/1/2024
8.00
Fireworks in
Community
Education
Bremerton
Events
and
Awareness
7/16/2024
4.00
Presentation
to Groups
6/9/2024
4.00
Presentation
to Groups
2.00
Contingent on
Presentation
Adventures in
to Schools
Boating
Instructor
Certification
7/26/2023
4.00
Presentation
to Groups
DocuSign Envelope ID: 99398B6B-EBC5-4E1C-A438-9EC6880F1FD9
Vessel Dealer/Rental Site Visits
Dealers
Hours Spent
Comments
Type
Targeted
Visiting
Professional Prevention Partners
Name of Partnering Orgs I Hours Planned Coordinating Comments
Media Plan
Campaign
Owned Media
Earned Media
Events
Comments
Posts
Posts
Operation Dry
4.00
4.00
Water
National Safe
4.00
4.00
Boating Week
Spring Aboard
4.00
4.00
Paddle Safety
4.00
4.00
Week
Other (please
describe)
INSTRUCTOR INFORMATION
SAW ID
First Name
Last Name
Phone
Email
Development
Complete?
Robert
Luke
RLuke@portorchardwa.gov
N/A for this
position
PREVENTION GOALS SUMMARY
Total Patrol Hour Goal: 79.00
Total Inspections Goal: 50.00
Count of State Approved Boater Education Classes Planned: 0.00
Sum of Hours for State Approved Boater Education Classes: 0.00
Sum of State Approved Boater Education Classes Planned Attendance: 0.00
Count of Community Events: 2.00
Sum of Community Events Hours: 16.00
Count of Presentations to Schools: 1.00
Sum of Presentation to Schools Hours: 2.00
DocuSign Envelope ID: 99398B6B-EBC5-4E1C-A438-9EC6880F1FD9
Count of Presentations to Groups: 3.00
Sum of Presentations to Groups Hours: 12.00
Count of Dealer Visits Planned: 0.00
Sum of Dealer Visits Hours: 0.00
Count of Rental Sites Planned: 0.00
Sum of Rental Site Visits Hours: 0.00
Owned Media Posts: 16.00
Earned Media Posts: 16.00
Count of Partnering Organizations: 0.00
Sum of Partnering Organization Hours: 0.00
Printed On: November 20, 2023
DocuSign Envelope ID: 99398B6B-EBC5-4E1C-A438-9EC6880F1FD9
ATTACHMENT B - ALLOWABLE COSTS & EXPENDITURES FOR STATE VESSEL
REGISTRATION FEES & FEDERAL ASSISTANCE GRANTS
ni�
2023 Allowable Costs
& Expend itu res.pdf
MLE 325-196 Subrecipient Agreement -Boating Program (FFA Grant Award) Page 35 of 36
DocuSign Envelope ID: 99398B6B-EBC5-4E1C-A438-9EC6880F1FD9
Washington State Parks & Recreation Commission
Allowable Costs & Expenditures
For State Vessel Registration Fees
& Federal Assistance Grants
Updated June 2023
Page 1 of 9
DocuSign Envelope ID: 99398B6B-EBC5-4E1C-A438-9EC6880F1FD9
Washington State Parks & Recreation Commission
Contents
VESSEL REGISTRATION FEES & GRANT FUNDING
....................................................................3
UNITCOST APPROVAL...............................................................................................................................3
COSTPRORATION......................................................................................................................................3
ADMINISTRATIVE COSTS...........................................................................................................................3
ALLOWABLE EXPENDITURES.....................................................................................................................3
RBSSALARIES............................................................................................................................................
3
RBS EDUCATION AND INSTRUCTION........................................................................................................4
RBSTRAINING...........................................................................................................................................4
RBS EQUIPMENT: .................................................................................................................. 5
PATROLVESSELS.......................................................................................................................................
5
ASSOCIATED EQUIPMENT FOR PATROL VESSELS......................................................................................6
PATROL VESSEL TRAILERS.........................................................................................................................7
BOATEQUIPMENT....................................................................................................................................7
NAVIGATION AIDS & BUOYS.....................................................................................................................8
EDUCATION...............................................................................................................................................
8
NON -ALLOWABLE COSTS AND EXPENDITURES.........................................................................................9
Page 2 of 9
DocuSign Envelope ID: 99398B6B-EBC5-4E1C-A438-9EC6880F1FD9
Washington State Parks & Recreation Commission
VESSEL REGISTRATION FEES & GRANT FUNDING
Any item not listed below must be reviewed and found acceptable by the Washington State
Parks Boating Program (Boating Program) before it is considered a valid Recreational Boating
Safety (RBS) expenditure.
UNIT COST APPROVAL
Items with a unit cost of $5,000 or more must have the prior written approval of Washington
State Parks and Recreation Commission Marine Law Enforcement (MLE) Coordinator.
COST PRORATION
If a cost benefits both your RBS program and other work of your agency, the cost should be
allocated to the RBS Program based on the proportional benefit to the program. The costs may
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 done with federal grants.
However, agencies may charge the salaries and benefits costs of actual hours worked by staff
associated with the administration of their dedicated VRF 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 CFR 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) 902-8835 or Bryan.Alexander(aD-parks.wa.gov
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 Peace 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
DocuSign Envelope ID: 99398B6B-EBC5-4E1C-A438-9EC6880F1FD9
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.
• 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:
o MLE Instructor Meeting
o Basic Marine Law Enforcement/Boat Crew Member or equivalent (BMLE)
o Boat Operator Search and Rescue (BOSAR)
o Boating Under the Influence — Basic (BUI-Basic)
o Boating Under the Influence -Advanced (BUI-Adv)
o Personal Watercraft for Law Enforcement (PWCLE)
o Enhanced Vessel Operator Course (EVOC)
o Fall Marine Law Enforcement Conference
o Boating Accident Investigation -Level 1
o Officer Water Survival
o Boater Education Instructor Training (BEIT)
o Designated Education Officer Training (DEOT)
o Adventures in Boating Instructor Training
Page 4 of 9
DocuSign Envelope ID: 99398B6B-EBC5-4E1C-A438-9EC6880F1FD9
Washington State Parks & Recreation Commission
o RBS Related Local In -Service Training
o Other USCG training courses with prior approval
o Other NASBLA training courses with prior approval
Per Diem travel expenses at state per diem rate in effect for the destination RBS
training, conferences, and meetings. Cost is prorated for percentage of travel /per
diem 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 must receive prior approval from the Boating Program. All
decisions by the Boating Program for equipment purchases are final.
PATROL VESSELS
• Motors and hardware
• Props
• 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
o 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
o Devices dedicated to the program such as agency & VHF radios
o Radar units
o Sirens
Page 5 of 9
DocuSign Envelope ID: 99398B6B-EBC5-4E1C-A438-9EC6880F1FD9
Washington State Parks & Recreation Commission
o Blue lighting equipment
o Hailers
o Global positioning system (GPS) units
o Personal breath testers (PBT)
o Cell phones used 100% RBS only, or prorated for a percentage of time used on
boat
o Battery chargers and computers dedicated to program use
o 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 repairs/replacement of railings, pilot house, decks, cleats,
ladders, swim platforms, Sampson posts, fittings, towing equipment, davits, anchors,
chain, and associated hardware and fittings
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:
o Life jackets, replacement parts (clips, hooks, CO2 cartridges and re -arm kits) and
stenciling/screening of agency name or law enforcement
Page 6 of 9
DocuSign Envelope ID: 99398B6B-EBC5-4E1C-A438-9EC6880F1FD9
Washington State Parks & Recreation Commission
o Exposures suits
o Fire extinguishers/extinguishing systems
o Visual distress signals
o Navigation lights
o 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 Boat hooks
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
• Costs related to maintenance and repair of patrol vessel trailer(s)
• Cost of tires and wheels, including: installation, repair, and balancing; associated
disposal fees
• Electrical system maintenance, repair and replacement
• Hitch and ball repair or replacement
• Hydraulic or electric brake system maintenance, repair and replacement
• Oil, grease and lubricants, and associated disposal fees
• Winch maintenance, repair and replacement
BOAT EQUIPMENT
• Anchors
• Line for towing and mooring
Page 7 of 9
DocuSign Envelope ID: 99398B6B-EBC5-4E1C-A438-9EC6880F1FD9
Washington State Parks & Recreation Commission
• 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
Education equipment related to required boating safety equipment for recreational boats
Page 8 of 9
DocuSign Envelope ID: 99398B6B-EBC5-4E1C-A438-9EC6880F1FD9
Washington State Parks & Recreation Commission
• 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.
• 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.
• Handheld or portable night vision, FLIR 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 FLIR and thermal Imaging devices are 100% allowable expenses.
Homeland security missions (weapons, etc.), or any other equipment determined as
unrelated by the Boating Program is not an allowable expense.
• Firefighting equipment is not an allowable expense.
Page 9 of 9
DocuSign Envelope ID: 99398B6B-EBC5-4E1C-A438-9EC6880F1FD9
EXHIBIT C - VESSEL REGISTRATION FEE PROGRAM GUIDANCE FOR MARINE LAW
ENFORCEMENT PROGRAMS
2023 Vessel
Registration Fee Frog
MLE 325-196 Subrecipient Agreement -Boating Program (FFA Grant Award) Page 36 of 36
DocuSign Envelope ID: 99398B6B-EBC5-4E1C-A438-9EC6880F1FD9
Washington State Parks & Recreation Commission
Vessel Registration Fee Program Guidance for
Marine Law Enforcement Programs
if Updated September 2023
k
Page 1 of 18
DocuSign Envelope ID: 99398B6B-EBC5-4E1C-A438-9EC6880F1FD9
Washington State Parks & Recreation Commission
Introduction
The purpose of the Vessel Registration Fee (VRF) program is to focus local jurisdiction marine programs
on injury prevention activities around recreational boating safety. These activities include enforcing
RCW 79A.60: Regulation of Recreational Vessels and providing emergency response to boating
accidents. Each marine patrol unit should strive to serve and protect the lives and property of
Washington's recreational boaters. All VRF Funds are awarded based on the potential success and ability
of the local agency to provide such service to the boating community. Recreational Boating Safety (RBS)
programs are evaluated using the criteria published in this document, as well as its ability to meet the
requirements and assurances of WAC 352-65: Boating Safety Program Approval.
This guidance document is intended to help local marine law enforcement programs understand the
minimum qualifications and requirements to receive vessel registration fees. The document has been
laid out to explain this as simply as possible. The beginning section provides a brief list of the
qualifications and requirements, and the remainder of the document explains each component in more
depth.
The Washington State Parks Boating Program (State Parks) has established different operational goals
for agencies dependent on the population within their jurisdiction (based on 2019 census data).
• Small Agencies— Under 30,000 population
• Medium Agencies— Population between 30,000 and 100,00
• Large Agencies — Populations exceed 100,000.
Page 2 of 18
DocuSign Envelope ID: 99398B6B-EBC5-4E1C-A438-9EC6880F1FD9
Washington State Parks & Recreation Commission
State Parks Boating Program Contacts
Washington State Boating Law Administr ator Marine Law Enforcement Coordinator
Rob Sendak Bryan Alexander
Office: 360-902-8836 Office: 360-902-8835
Mobile: 360-628-1876 Mobile: 360-791-4668
Rob.Sendak@parks.wa.gov Bryan.alexander@parks.wa.gov
Education & Outreach Coordinator MLE Program Specialist
Derek Van Dyke Cheri Peel
Office: 360-902-8842 Office: 360-902-8846
Mobile: 360-628-3260 Mobile: 360-890-2911
Derek.VanDyke@parks.wa.gov Cheri.Peel@parks.wa.gov
Communications Consultant
Ashley Seydel
Mailing Address
Office: 360- 902-8837
Washington State Parks Boating Program
Mobile: 360-790-5317
Attn: MLE Program
Ashley.Seydel@parks.wa.gov
1111 Israel Rd SW
P.O. Box 42650
Fiscal Analyst
Olympia, WA 98504-2650
Montse Walker My
Office: 360-902-8843
Physical Address
montse.walkermv@parks.wa.gov
11834 Tilley Road South
Olympia, WA 98512
Administrative Assistant
Rhonda Dobbs
Phone: 360-902-8555
Office: 360-902-8417
Fax: 360-586-6602
rhonda.dobbs@parks.wa.gov
Website: GoBoatingWA.com
Customer Service Specialist
Brandon.Deiss
Office: 360-902-8839
Mobile: 360-790-7308
Brandon.Deiss@parks.waov
Page 3 of 18
DocuSign Envelope ID: 99398B6B-EBC5-4E1C-A438-9EC6880F1FD9
Washington State Parks & Recreation Commission
Table of Contents
Introduction......................................................................................................................................2
State Parks Boating Program Contacts................................................................................................3
Overview of Agency Eligibility Requirements and Qualifications..........................................................5
Summary of Required Documents and Due Dates....................................................................................................6
Administrative and Financial Requirements........................................................................................7
Annual Agreement —The A-299 Application Form...................................................................................................7
Designated Marine Lead / Conference Attendance / Surveys..................................................................................7
Reporting Recreational Boating Activities and Financial Data..................................................................................8
SOAR— Summary of Activity Reports...................................................................................................................8
Vessel Registration Fee Expenditure Report........................................................................................................8
Supporting Financial Documents..........................................................................................................................8
Dedicated Account / Limitations on the Use of Funds / Accountability...............................................................8
Linksto local ordinances...........................................................................................................................................9
OperationalRequirements.................................................................................................................9
Officer / Deputy Qualifications / Training / Training Currency.................................................................................9
Vesselsand Equipment...........................................................................................................................................10
BoatingAccident Reporting.....................................................................................................................................11
....................................................................................................................................................12
BoatPatrol (Boat Log Hours) ...................................................................................................................................12
Minimum Patrol Hour Goals Based on Agency Size............................................................................................13
Enforcement............................................................................................................................................................13
BoatingSafety Inspections......................................................................................................................................14
Suggested Written Inspections — Minimum Goals.............................................................................................14
Boating Safety Education / Designated Education Officer / Deputy.......................................................................14
Education and Outreach Tactics and Suggested Goals.......................................................................................15
WaterwayMarking..................................................................................................................................................17
Accountability..................................................................................................................................17
Audits......................................................................................................................................................................17
Compliance..............................................................................................................................................................18
Page 4 of 18
DocuSign Envelope ID: 99398B6B-EBC5-4E1C-A438-9EC6880F1FD9
Washington State Parks & Recreation Commission
Overview of Agency Eligibility Requirements and
Qualifications
Only counties or local public agencies having jurisdiction over waters used for recreational boating and
possessing the authority to enforce the Revised Code of Washington and the Washington Administrative
Code are eligible to apply to receive vessel registration fees. Participating agencies must:
Administrative & Financial Requirements
1. Sign an annual agreement with State Parks.
2. Designate a "Marine Lead": A single point of contact that oversees the day-to-day program
operations, commits to attend the annual marine law enforcement conference, and responds to
surveys sent by State Parks.
3. Designate a "Marine Supervisor": A single point of contact that has administrative authority
over the marine program for the agency.
4. Report recreational boating safety activities and certain financial data to State Parks.
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, RCW 79A.60.220 and WAC 352-70.
12. Respond and provide assistance to boaters for on -water emergencies, complaints, and
accidents.
13. Commit to a minimum number of hours patrolling the waters used by recreational boaters
during peak boating season.
14. Actively enforce Washington's boating safety laws and regulations.
15. Conduct vessel safety inspections for recreational boaters.
16. Provide a boating safety education and outreach program and designate at least one Officer /
Deputy to receive the Adventures in Boating Instructor training and to manage the program.
17. Place and maintain aids to navigation as legislated buy local ordinances.
Page 5 of 18
DocuSign Envelope ID: 99398B6B-EBC5-4E1C-A438-9EC6880F1FD9
Washington State Parks & Recreation Commission
Summary of Required Documents and Due Dates
Document Name
Form Number Ir
Date Due
Request for Boating Program Approval
A-299 / Web form
15 Oct each year
Federal Financial Assistance Grant
Application (If applying)
A-300/Web form
15 Oct each year
B.O.A.T Currency Report
Web form
15 Oct each year
Summary of Activity Report (SOAR)
Web form
Quarterly *
Boating Accident Report (BAR)
A-440
10 days following
accident
Boating Accident Investigation Report
(BAIR)
A-425 (Rev 08/2009)
10 days following
accident / fatality
meeting report criteria
Washington State Vessel Inspection
P&R A-274
Quarterly*
VRF Expenditure Report
Web form
1 Nov each year
Financial System Report
Agency generated
1 Nov each year
VRF Fund Balance Report
Agency generated
1 Nov each year
Boating Safety Surveys
N/A
Varies
* Document is due quarterly and must be submitted by the 15th of the month following the last month of
the quarter (1st Qtr-04/15, 2nd Qtr-07/15, 3rd Qtr-10/15, 4th Qtr. 01116).
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DocuSign Envelope ID: 99398B6B-EBC5-4E1C-A438-9EC6880F1FD9
Washington State Parks & Recreation Commission
Administrative & Financial Requirements
Annual Agreement — The A-299 Application Form
Each agency is required sign an agreement with State Parks by submitting a complete A-299 application
form. The A-299 contains several informational fields that must be filled out completely to be
considered and aids in the continued approval of the agency's program. These forms are due each year
by October 15. Agencies must provide information on their current staff, training, an inventory of
vessels, and the anticipated patrol schedule. The form also defines the specific requirements your
agency is committing to in exchange for vessel registration fees. This form, and instructions on how to fill
it out, is located at http://mle.parks.wa.gov/.
Designated Marine Lead / Conference Attendance / Surveys
Each agency has a unique and different operational environment that offer a variety of solutions to
ensure Marine Law Enforcement (MLE) unit operations, enforcement, fiscal and administrative functions
are conducted according to best practices. Some agencies may have a Lieutenant serving the MLE Unit
Supervisor and crew member conducting vessel operations and patrols. Other agencies may have a
Sergeant as a supervisor and different crew member conducting vessel operations.
Recognizing this, State Parks requires each agency to designate a "Marine Lead", which is the person
responsible for the day-to-day operations of its marine program and acts as the point -of -contact with
State Parks on all issues and matters related to that agency's MLE unit. While the Sheriff or Chief of
Police is ultimately responsible for ensuring their agency is meeting all the program requirements, the
Marine Lead is the person implementing their guidance and communicating that to other Marine Unit
members, State Parks, and the public.
The Marine Lead is responsible to:
• Ensure all required reports are completed and submitted to State Parks within due date
guidelines.
• Submit personnel names to attend training courses and conferences.
• Attend the annual fall conference.
• Ensure that B.O.A.T. Currency training is conducted and reported to State Parks.
• Utilize Marine SECTOR within their agency.
• Communicate with State Parks on all matters and issues which may arise around recreational
boating safety and marine law enforcement.
• Respond to surveys from State Parks.
State Parks also requires the agency to designate a "Marine Supervisor", which is the person with
administrative supervision of the agency's MLE program.
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DocuSign Envelope ID: 99398B6B-EBC5-4E1C-A438-9EC6880F1FD9
Washington State Parks & Recreation Commission
Reporting Recreational Boating Activities and Financial Data
SOAR — Summary of Activity Reports
A Summary of Activities Report (SOAR) form must be submitted at least quarterly to State Parks.
However, agencies are invited to report activities daily, weekly, or monthly. This form, and instructions
on how to fill it out, is located at http://mle.parks.wa.gov/.
Vessel Registration Fee Expenditure Report
This annual report form must be submitted by October 15 each year to State Parks. The form fulfills the
requirements of WAC 352-65-040(9) which requires each participating agency to submit an annual
account of program expenditures showing the amount of vessel registration fees received, spent, and
remaining in their dedicated account. They must also show the amount of "local spending" on
recreational boating safety activities. "Local spending" is the amount agencies spend on the RBS mission
and cannot come from other grant sources. Local spending is required because RCW 88.02.650 specifies
that "[VRF] Funds may not supplant local funds used for boating safety programs". This form, and
instructions on how to fill it out, is located at http://mle.parks.wa.gov/.
Supporting Financial Documents
Every Vessel Registration Fee (VRF) Expenditure Report must be accompanied with the following
reports:
• Financial System Report: A report from the agency financial system (not Excel) showing a
dedicated account for the deposit of state VRF funds received from the Office of State Treasurer
(Enclosure 4).
• VRF Fund Balance Report: A report showing the fund balance of the dedicated account
(Enclosure 5). The VRF fund balance on this system -generated report should match the bottom
line on the VRF report ("Total Remaining Balance of State VRF funds for Fiscal Year").
Dedicated Account / Limitations on the Use of Funds / Accountability
Participating agencies must deposit VRF funds allocated by the state treasurer, under RCW 88.02.650,
into an account dedicated solely for boating safety purposes, which include all activities or expenditures
identified in this section. See the document "Allowable Costs & Expenditures for State Vessel
Registration Fees & Federal Assistance Grants" for a thorough explanation of eligible expenses located
at http://mle.parks.wa.gov/.
Vessel Registration Fees are intended to increase the education and enforcement efforts of local
agencies and stimulate greater local participation in boating safety. They cannot be used to fund any
activities except those that are part of the recreational boating safety mission.
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DocuSign Envelope ID: 99398B6B-EBC5-4E1C-A438-9EC6880F1FD9
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 regulations.
Participating agencies must submit a web link to all such ordinances to State Parks using the designated
field in the A-299 Form.
Operational Requirements
Officer / Deputy Qualifications / Training / Training Currency
Participating agencies must provide Officers / Deputies with law enforcement certificates from the
Criminal Justice Training Commission which authorizes them to enforce all boating laws and regulations.
All Officers / Deputies must maintain a current Washington State Peace Officers Certification.
Participating agencies are responsible for acquiring the required training for all RBS Officers / Deputies.
Washington State Parks provides two or more Basic Marine Law Enforcement Academies each year to
help agencies fulfill this requirement. These courses are provided at no charge. They are taught in the
spring - usually one in Western Washington and one in Eastern Washington. Officers / Deputies may
attend other basic boating safety training, if approved by State Parks. Those approved courses are the
Federal Law Enforcement Training Center's (FLETC), Marine Law Enforcement Training Program
(MLETP), or National Association of Boating Law Administrator's (NASBLA) Boat Crewman course (BCM).
Such training must be acquired within one year of initiating a new boating safety program and within
one year for each newly assigned boating safety Officer / Deputy.
Washington State Parks' Marine Law Enforcement Training Academy is accredited through the NASBLA's
Boat Operation and Training (BOAT) Program. As a term of accreditation, State Parks must ensure that
all active marine Officers / Deputies maintain proficiency in basic RBS skills. This is important because
these skills are perishable but critical to operate in a marine environment. All agencies must submit a
BOAT Currency Requirements Report Form for all active personnel listed in the A-299. These reports are
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Washington State Parks & Recreation Commission
submitted at least annually with the A-299 but may be updated throughout the year. This form, and
instructions on how to fill it out, is located at http://mle.parks.wa.gov/.
Agencies which have not completed all currency training tasks required may submit a statement of
explanation and attach it to the A-299 form. State Parks recognizes that many different circumstances
could prevent training from being completed (wildfires, maintenance issues, staffing shortfalls, etc.).
Each circumstance will be evaluated on its own merits.
Agencies are required to list any additional training courses their personnel have completed on the A-
299 web form. This helps State Parks in maintaining an up-to-date database of marine law enforcement
capabilities across the state and helps identify training subjects and courses that are needed, but not
offered within the state.
Vessels and Equipment
Agencies must supply the necessary boating safety patrol equipment, including vessels capable of
serving the minimum requirements outlined in this guidance. Patrol vessels must be properly marked
and properly equipped as provided in chapter 88.02 RCW and chapter 352-60 WAC. Agencies are also
required to provide State Parks with an inventory of all vessels along with details for how they are
equipped each year by filling out the A-299 form. Information required on that form includes:
• Vessels: State Parks requires the following data on each vessel:
o Vessel name
o Manufacturer
o Radio equipped (Y/N): Radio equipped means the vessel has an agency radio installed
or "hardwired". Non -radio equipped boats are vessels that do not have radios installed.
Portable radios may be carried on these boats, but they would be considered non -radio
equipped. Examples include personal watercraft, drift boats, Jon boats, kayaks, and
inflatable rafts (motorized or non -motorized).
o SECTOR equipped (Y/N): SECTOR equipped boats are the patrol vessels in your agency
that are SECTOR equipped with a computer or tablet plus printer and scanner (installed
or "hardwired" to include portable cased units). Non -SECTOR equipped boats are
vessels that do not have a computer, tablet, printer installed or if these are not carried
aboard as a cased kit.
o Model
o Length
o Propulsion type
o Horsepower
o Year
o Funds used to purchase the vessel (local, state, or federal)
o Percent of time employed for the RBS mission.
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DocuSign Envelope ID: 99398B6B-EBC5-4E1C-A438-9EC6880F1FD9
Washington State Parks & Recreation Commission
NOTE: Vessels purchased with state or federal dollars must be sold at the end of their useful life,
consistent with the local agency's policies and procedures. Once a vessel is sold it should be
removed from the Patrol Vessel list as quickly as possible. If the agency is selling a vessel that
was purchased with federal grant dollars provided by State Parks, you must notify State Parks
60 days in advance of the sale date.
• Vehicles (trucks, cars, SUVs, ATVs): The number of other patrol vehicles assigned to the marine
services unit and the percentage they are used for RBS activities.
o Vehicle type
o Manufacturer
o SECTOR/Radio equipped
o Model
o Year
o Funds used for purchase.
o Percent of time employed for the RBS mission.
• Aircraft: The number of aircraft in your agency and the percentage they are used for RBS
activities.
o Aircraft type
o Manufacturer
o SECTOR/Radio equipped
o Model
o Year
o Funds used for purchase.
o Percent of time employed for the RBS mission.
• Equipment valued at $5000.00 (i.e., engines, electronics, etc.): Agencies are required to update
their inventory of durable items defined as having a cost or value of $5000.00 or more. Only
items listed under "allowable expenses" are permitted (see "Allowable Expense Guidance"
document for full details).
o Type of equipment
o Manufacturer
o Model
o Year
o Funds used for purchase (local, state, federal)
Boating Accident Reporting
Participating agencies are required to submit accident reports to State Parksin compliance with RCW
79A.60.200, RCW 79A.60.220 and W AC 352-70.
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DocuSign Envelope ID: 99398B6B-EBC5-4E1C-A438-9EC6880F1FD9
Washington State Parks & Recreation Commission
For any boating accident resulting in a death or injury requiring hospitalization, each participating
agency must:
• Notify State Parks within 48 hours of becoming aware it.
• Fill out and submit a complete Boating Accident Investigation Report (BAIR — form number A-
425) within ten days of the occurrence.
• Include the results of any other investigation conducted by the agency.
• Submit any coroner's reports concerning the death of any person resulting from the boating
accident, within one week of completion.
Participating agencies must also submit a Boating Accident Report (BAR —form number A-440) within 10
days of the occurrence to State Parks for any boating accident:
• Resulting in a death, OR
• An injury requiring hospitalization, OR
• Damage to any vessel or property of two thousand dollars or more, OR
• A vessel is a complete loss, OR
• A person disappears from the vessel under circumstances that indicate death.
Boater Assistance
The local municipality will have the ability to respond or coordinate response to boating emergencies
which occur within their jurisdiction. Furthermore, agencies must document each occurrence and report
it to State Parks through the Summary of Activity Report (SOAR) at least quarterly using the following
definitions:
• Search and Rescue/Recovery— Search and rescue (SAR) is defined as a water -borne response
(including aircraft) involving a person or vessel in peril. Agencies should only report SAR cases
on the Summary of Activity Report (SOAR) that were assigned a case number by their agency or
a USCG MISLE Case ID Number and an Urgent Marine Information Broadcast (UMIB) initiated by
the USCG. Agencies should not report assists (defined below) as SAR cases.
• Assist —An "Assist" is defined as aid where there is no immediate danger to the vessel or its
occupants. This includes vessels involved in boating accidents, disabled, aground, out of fuel, or
otherwise unable to reach a safe mooring under their own power. Assistance may include
providing a tow, jump start, re -floating, re -righting, fuel, repair, repair parts, assisting persons in
the water, etc. This does NOT include the salvage of a vessel once abandoned or commercial
vessels. Report the number of vessels assisted and the number of persons assisted on the SOAR
report.
Boat Patrol (Boat Log Hours)
Boat patrol (Boat Log Hours) are those hours that the patrol vessel was actually on the water patrolling.
Participating agencies must submit a patrol schedule (with the A-299) that demonstrates they are
patrolling waters within their jurisdiction during peak recreational hours. They must also patrol a
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DocuSign Envelope ID: 99398B6B-EBC5-4E1C-A438-9EC6880F1FD9
Washington State Parks & Recreation Commission
minimum number of hours per year. See the note below.
Minimum Patrol Hour Goals Based on Agency Size
• Small agencies - 133 hours
• Medium agencies - 255 hours
• Large agencies - 436 hours
NOTE: State Parks recognizes that Washington State experiences a diverse boating season. Various areas
of the state have increased boating activities due to recreation fishing, hunting and pleasure crafting.
Because of its diverse landscapes and seasons, State Parks acknowledges that the traditional peak
boating season remains during the time between Memorial Day and Labor Day but is not exclusive to
that time frame. State Parks has collected data for patrol hours performed by all participating over a
period of years and has established the average boat log hours for agencies based on jurisdiction
population size according to the U.S. Census. Patrol hours can be a combination of Boat Log and Ramp -
side hours.
Patrol hours is considered a critical metric. It is used by State Parks to determine if an
agency is complying with the minimum requirements. Failing to achieve the minimum
number of hours of patrol (based on size) could be a factor in determining ineligibility for
vessel registration fees.
Example patrol schedule
Boat Patrol Schedule
Mon
Tue
Wed
Thur
Fri
Sat
Sun
Patrol
Hours
# of
Officers /
Deputies
# of
Vessels
Patrol Season Beginning Date
Patrol Season Ending Date
Enforcement
Participating agencies must enforce safety equipment, vessel operation, noise level, navigation, harbor
improvements (as authorized and placed through local ordinances), and registration laws as specified in
Title 88 RCW, and as specified in local codes or ordinances. Agencies must also document and report the
numbers of warnings and citations they issue for each type of boating violation in the Summary of
Activity Report — except those issued through SECTOR.
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DocuSign Envelope ID: 99398B6B-EBC5-4E1C-A438-9EC6880F1FD9
Washington State Parks & Recreation Commission
State Parks recommends zero tolerance policy in the enforcement of mandatory boater education card
carriage, life jacket wear/carriage, boating under the influence and rules of the road violations. Officers /
Deputies should strongly consider issuing citations for violations of these laws in all circumstances.
The SECTOR system should be used to issue boating citations and warnings. State Parks will no longer
accept mailed -in paper inspection forms, although State Parks will continue to provide paper inspection
forms to agencies for internal use.
Boating Safety Inspections
Participating agencies must complete written boating safety inspections during enforcement and
informational contacts when considered safe and appropriate to document boater compliance with
state boating laws. State Parks will provide boating safety inspection forms. Copies of the completed
inspections must be submitted to State Parks for statistical purposes. Inspections conducted in SECTOR
do not have to be reported to State Parks.
NOTE: We will not accept paper inspection forms after January 1, 2019. All inspections must be
submitted using SECTOR.
State Parks has calculated suggested minimum goals for the number of boating safety inspections an
agency performs in a boating season based on size.
Suggested Written Inspections — Minimum Goals
• Small, 92
• Medium, 283
• Large, 372
Boating Safety Education / Designated Education Officer / Deputy
Participating agencies must have a boating safety education and information program. At a minimum,
they must designate an Officer / Deputy, trained by State Parks, to coordinate the activities of boating
safety education instructors, act as liaison to boating education organizations and to coordinate:
• Boating safety presentations, which may include presentations to primary and secondary school
children, boating organizations, or youth groups.
• Boating safety instruction meaning a public course of instruction using the Adventures in
Boating materials from State Parks, or other state or nationally recognized curriculum approved
by State Parks.
• Distribution of boating safety information, including materials provided by State Parks, to
boating and outdoor recreation organizations, the boating public, public agencies, and local
media.
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Washington State Parks & Recreation Commission
NOTES
• Any Officers / Deputies designated as Certified Boating Education Instructors must be listed as
Instructors qualified for the Adventures in Boating course by the State Parks Education and
Outreach coordinator.
• State Parks considers education and outreach activities a key component of preventing boating
injuries and fatalities. Classroom instruction, school presentations and participation in
community events, Dealer and Rental site visits, and effective use of media are crucial to
preventing boating accidents and fatalities. Agencies are not required to engage in all education
and outreach activities described below but should pursue a mix of tactics appropriate for their
area of operation.
Education and Outreach Tactics and Suggested Goals
• Education Classes: Classroom instruction of the Adventures in Boating course sanctioned by
Washington State Parks that qualifies passing students to obtain a Mandatory Boater Education
Card.
■ Small = 15 students, 1 Class
■ Medium = 20 students, 1 Class
■ Large = 50 students, 1 Class
• Boating Safety Presentations to Groups: Presentations to various groups such as yacht clubs,
kayak clubs, anglers, and any groups that use boats on the water.
■ Small = 10 hours
■ Medium = 15 hours
■ Large = 25 hours
• Boating Safety Presentations to Schools: Presentations to local public and or private schools K-
12, and colleges/ universities.
■ Small = 10 hours
■ Medium = 15 hours
■ Large = 25 hours
• Vessel Rental Site Visits: Visits to local vessel rental sites intended to ensure employees and
renters are following guidance on the Motor Vessel Rental Safety Checklist. These can also be
site visits to businesses that rent out kayaks, canoes, stand-up paddleboards, or other small non -
motorized craft. The intent of visits in this case is to emphasize basic safety behaviors such as
encouraging renters to always wear a life jacket and encouraging boating in low hazard areas.
■ Small = 2
■ Medium = 4
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Washington State Parks & Recreation Commission
■ Large = 6
• Participation in Community Events: Events like county fairs, parades, and night outs that reach
large numbers of community members. A qualified event requires face-to-face interaction with
community members. Participation in regattas, races, or opening days where there is little or no
face-to-face interaction between Officers / Deputies and community members does not count
as a "Community Event". Also, maintaining a screen line or security area at an on -water event
does not count for reporting event hours on the SOAR.
■ Small = 40 hours
■ Medium = 150 hours
■ Large = 275 hours
• Vessel Dealer Site Visits: Visits to vessel dealerships and brokers to ensure they are following
dealer registration laws, educate them on any safety issues with type of vessels they sell, and
checks that required safety equipment is on board during test rides and sea trials. Dealers
should also be encouraged to remind their customers of the mandatory boater education
requirement.
■ Small = 5
■ Medium = 10
■ Large = 15
• Professional Prevention Partners (Safe Kids, Power Squadron, USCG Auxiliary, etc.): Engaging
partners can multiply the effectiveness of a marine law enforcement program's by increasing
their area of influence and leveraging the resources of partners. Partnering activities include
meetings, conference calls, event participation, and actual on -water time. Agencies should
report the hours that Prevention Partners spend conducting RBS activities.
■ Small = 1
■ Medium = 3
■ Large = 5
Media Contacts: (This section only applies to Federal Financial Assistant Grant recipients). The intent is
for agencies to distribute recreational boating safety content through their own social media channels,
the social media channels of their partners, or the news media.
• Owned Media: This is the number of hours spent on this activity and the number of posts or
articles distributed through communication channels that are owned and managed by the
agency like the agency website, social media channels (Facebook, Twitter), newsletters, etc.
■ Small = 4
■ Medium = 8
■ Large = 16
• Earned Media: This is the number of hours spent on this activity and the number of articles
broadcast through media channels that are not managed by the agency. Examples include
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DocuSign Envelope ID: 99398B6B-EBC5-4E1C-A438-9EC6880F1FD9
Washington State Parks & Recreation Commission
stories in the newspaper, radio, and television. Agencies should also count the number of
recreational boating safety posts on the social media channels of partner organizations when
the agency can show that the posts are the result of interaction with that partner.
■ Small = 4
■ Medium = 8
■ Large = 16
Campaigns: See SOAR for reporting requirements. Goals for all agencies, regardless of size, is
participation in these campaigns. The State Parks Recreational Boating Safety communications staff will
distribute content to all agencies for each of the campaigns making participation quick and simple.
These campaigns can have a powerful impact if all agencies participate.
■ Operation Dry Water campaign is a national campaign focused on the deterrence of
boating under the influence. Participation in this campaign is mandatory for all agencies
that receive a federal assistance grant. It is a combination of emphasis patrols and
media the weekend before the Fourth of July.
■ Spring Aboard Campaign was a national campaign but is now a state campaign designed
to encourage all boaters to take a recreational boating safety class. It occurs in late
March.
■ National Safe Boating Week is a nationally observed week focused on encouraging all
boaters to wear their lifejackets and other best practices for optimal safety. In addition
to media posts, agencies are encouraged to participate in "Wear IT" events. This
campaign is sponsored by the National Safe Boating Council.
■ Safe Paddling Week is a campaign sponsored by the Washington State Parks
Recreational Boating Safety Program. The purpose of the week is to elevate awareness
around basic paddling safety behaviors such as always wearing a PFD, obtaining training,
etc.
Waterway Marking
Participating agencies should report the total number of Aids to Navigation (ATONs) that they are
responsible for within their jurisdiction on the SOAR. Do not count ATON's emplaced / maintained by
the USCG, Corps of Engineers or other Federal agencies. The county or local jurisdiction will use only
those waterway markers which conform to the uniform state waterway marking system as identified,
found in chapter 352-66 WAC.
Accountability
Audits
All agencies will be audited on a periodic rotating basis. When your agency is slated for an audit, the
State Parks Marine Law Enforcement Coordinator will contact your agency to schedule a time. You will
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be sent a list of documents and questions that you will need to prepare before the audit. Audits are a
review of the performance and accomplishments to measure and evaluate compliance with the terms of
the agreement with State Parks.
Compliance
If it is determined that a participating agency is not in compliance with the minimum requirements of
the agreement, the State Parks Marine Law Enforcement Coordinator will notify the agency through a
Non -Compliance Warning Letter and cite the wording of the agreement. The letter will request the
agency responds with a plan to remedy the deficiency per WAC 352-64-060 (3): Revocation of approval
"Those counties or local jurisdictions unable to demonstrate compliance with minimum approval
requirements will have forty-five days to submit a plan satisfactory to state parks to remedy the
deficiencies. If, after forty five days, a county or local jurisdiction is unable to demonstrate its ability to
meet minimum requirements, state parks may revoke the program approval after the county or local
jurisdiction has had an opportunity for a hearing under chapter 34.05 RCW, the Administrative
Procedure Act."
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