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AGREEMENT FACE SHEET K20-027
Agreement Number: K2926
Washington State Department of Agriculture
FAIRS PROGRAM
CAPITAL PROJECT GRANTS
1. Grantee
2. Fair Facility
Grant County
Grant County Fair
PO Box 37
3953 Airway Drive NE
Ephrata, WA 98823
Moses Lake, WA 98837
3. Grantee Representative
4. WSDA Representative
Tom Gaines, Central Services Director
Teresa Norman, Fairs PO Box 42560
Phone: 509-237-2920
Program Administrator 1111 Washington St.
tgaines(D_grantcountywa.qov
Phone: 360-902-2043 SW, Olympia, WA
Fax: 360-902-2092 98504-2560
tnorman a r.wa. ov
5. Grant Amount
6. Grant Start Date
Date
$45,000.00
TGantEnd
May 31, 2021
8. Biennium:
9. Project Completion Date
19-21
10. Tax ID#
11.SWI#
12.UB1#
91-6001319
2426-40
132-001-884
13. Grant Purpose
WSDA and Grantee have entered into this Agreement to undertake a capital improvement project to make
health or safety improvements to agricultural fairgrounds or fair facilities in order to benefit participants and the
ublic pursuant to RCW 15.76.165.
-fair-going
WSDA and Grantee agree to the terms of this Agreement as set forth In this AGREEMENT FACE SHEET, the
TERMS AND CONDITIONS, and the following documents incorporated by reference: ATTACHMENT I:
GRANTEE'S APPLICATION FOR CAPITAL GRANT FUNDS; ATTACHMENT II: CERTIFICATION OF
AVAILABILITY OF FUNDS TO COMPLETE PROJECT. This Agreement governs the rights and obligations of
both parties to this Agreement, which is executed on the date below to start as of the date and year last written
below.
FOR THE GRANTEE
FOR THE WASHINGTON STATE DEPARTMENT OF
AGRICULTURE
By signin this agreement, I ind the Grantee to this Agreement
and cerqatlthoriM
Signature
Hannah Flournoy
Cindy Carter,
Administrative Regulations Manager
Print Name
BOCC Chair
Date
Title
APPROVED AS TO FORM ONLY
Date
Janis Snoey June 6, 2019
❑ Additional signatures on next page
Assistant Attorney General
Check box if true
TERMS AND CONDITIONS
Washington State Department of Agriculture
Fairs Program
CAPITAL PROJECT GRANT
TERMS AND CONDITIONS
1. DEFINITIONS
The following definitions apply throughout this Agreement.
"Agreement" means this Capital Project Grant Agreement
"Capital Project" means the capital improvement project described in Section 4.
"Fair Facility" means the agricultural fairgrounds or fair facility owned by the Grantee and located at the address
shown for the Fair Facility on the Agreement Face Sheet.
"Grant Amount" means the total amount of funding under this Agreement, as set forth on the Agreement Face
Sheet.
"Grantee" means the entity identified as the Grantee on the Agreement Face Sheet, who is a Party to the
Agreement, and includes all employees and agents of the Grantee.
'WSDX means the Washington State Department of Agriculture, who is a Party to the Agreement.
2. AUTHORITY AND PURPOSE
Acting under the authority of RCW 15.76.165, WSDA has awarded the Grantee funding under this Agreement to
undertake a capital improvement project to make health or safety improvements to agricultural fairgrounds or fair
facilities in order to benefit participants and the fair -going public. Grantee will undertake, by whatever means, to
construct, install, or otherwise cause the building of the Capital Project at the Fair Facility. Grantee must perform
in accordance with this Agreement's terms and conditions and all applicable federal, state and local laws and
ordinances, which by this reference are incorporated into this Agreement as though set forth fully herein.
3. FUNDING
WSDA shall pay an amount not to exceed the awarded Grant Amount for the eligible costs necessary for or
incidental to the performance of work as set forth for the Capital Project.
4. CAPITAL PROJECT
Grantee must use the funding awarded by WSDA under this Agreement solely for the capital improvement project
set forth in Attachment I, which includes power pole and light replacement in center field.
5. COMMUNITY BENEFITS
In consideration for the funding under this Agreement, Grantee agrees to provide the following community
benefits for a period of three (3) years following termination of the agreement.
a. Use of the Capital Project in the course of holding an agricultural fair as defined by RCW 15.76.110.
b. If charging admission fees for the agricultural fair(s), a charge to the general public that is reasonable and
consistent with the standard fees charged at other public agricultural fairs and, to the extent possible,
discount or free admission to special populations such as military families, foster families, student groups,
seniors, babies, and toddlers.
c. Access to the Fair Facility and its exhibits and programs to persons of differing abilities.
d. Where possible, availability of the Fair Facility for rental at reasonable or discounted cost for educational
or public programs benefitting the public.
e. Space for charity and other nonprofit community organizations to conduct fundraising or educational
activities.
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f. Support other local groups and programs with similar interests in promoting the welfare of farm people
and rural living including the exhibition of livestock and agricultural produce of all kinds, and exhibition of
related arts and manufactures including products of the farm home, and exhibition of educational
contests, displays and demonstrations designed to train youth.
6. CHANGE OF OWNERSHIP OR USE
a. Grantee understands and agrees that Grantee must hold and use all real property and facilities acquired,
constructed, improved or rehabilitated for a period of three (3) years following termination or expiration of
the is Agreement for the express purpose of or purposes of the Capital Project and provision of
Community Benefits under Section 5.
b. If the Grantee is found to be out of compliance with this section, the Grantee must repay to the state
general fund the amount of the grant and interest as provided in the Recapture provision, Section 16.
7. CERTIFICATION OF NON -STATE MATCHING FUNDS OR IN-KIND SERVICES
a. The release of state funds under this Agreement is contingent upon the Grantee certifying that it has
expended or has access to non -state matching funds or in-kind services from other sources as set forth in
ATTACHMENT II: CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT
to complete all construction and activities identified for the Capital Project.
b. Grantee shall maintain records sufficient to evidence that it has access to or has expended funds from
such sources, and shall make such records available for WSDA's review upon reasonable request
8. PROJECT EXPENDITURES ELIGIBLE FOR REIMBURSEMENT
WSDA will make payments to the Grantee on a reimbursement basis only. For the purposes of this Agreement,
eligible costs are construed to mean costs incurred and paid, or costs incurred and payable within thirty (30) days.
Only costs incurred between (1) the grant start date and (2) last date for payment request to WSDA, as shown in
the Agreement Face Sheet, are eligible for reimbursement under this Agreement. Disallowed Costs: The Grantee
is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its
subcontractors.
9. BILLING PROCEDURES AND PAYMENT
a. WSDA will reimburse Grantee for eligible project expenditures up to the maximum payable under this
Agreement. Grantee must submit a signed and completed Invoice Voucher (Form A-19), referencing in
the project activity performed, and any appropriate documentation. The Invoice Voucher must be certified
by an official of the Grantee with authority to bind the Grantee.
b. Grantee may submit a single Invoice Voucher for the full grant amount or no -more -than -monthly periodic
Invoice Vouchers. WSDA will reimburse no more than seventy-five percent (75%) of the grant amount
until all project activities are complete and the Grantee submits a complete Certified Project Completion
Report as required by Section 10.
c. Each Invoice Voucher must be accompanied by a Project Status Report, which describes, in narrative
form, the progress made on the project since the last invoice was submitted, as well as a report of project
status to date. WSDA will not release payment for any reimbursement request without receiving a Project
Status Report.
d. The Grantee shall submit all Invoice Vouchers and any required documentation to WSDA's Project
Manager shown in Section 34.
e. WSDA will process reimbursement after approving the Invoice Voucher and Project Status Report.
f. Payment shall be considered timely if made by WSDA within thirty (30) calendar days after receipt of
properly completed invoices.
10. CERTIFIED PROJECT COMPLETION REPORT
The Grantee shall complete a Certified Project Completion Report when the Capital Project is complete. The
report must include:
a. A certified statement that the Capital Project is complete and, if applicable, meets required standards.
b. Before and after photographs, either hard copy or electronic, of the Fair Facility showing the Capital
Project.
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c. A certified statement of the actual dollar amounts spent, from all funding sources, in completing the
Capital Project. This includes the value of in-kind services performed.
d. Certification that all costs associated with the project have been incurred and accounted for. Costs are
incurred when goods and services are received and/or Agreement work is performed.
e. Certification that Grantee is and will continue to provide Community Benefits set forth in Section 5.
f. A final invoice voucher for the remaining eligible funds.
11. REPORTS
a. By October 31, 2020, Grantee must submit written affirmation of project completion by May 31, 2021,
unless Grantee has prior submitted a Certified Project Completion Report.
b. The Grantee shall furnish WSDA with all other reports specified in other sections of this Agreement and
other reports as WSDA may require.
c. Failure to file reports as requested may result in termination of this Agreement.
12. LACK OF ADEQUATE PROGRESS
Grantee's inability to affirm by October 31, 2020 that the project will be complete by May 31, 2021 is a basis for
WSDA to terminate the Agreement in whole or in part for cause as provided in Section 27. At WSDA's discretion,
the parties may modify this Agreement in lieu of termination.
13. EVALUATION AND MONITORING
a. The Grantee shall cooperate with and freely participate in any monitoring or evaluation activities
conducted by WSDA, including site inspections, if necessary.
b. If requested by WSDA, Grantee must provide photographs, either hard copy or electronically, which
visually depict the progress made on the project.
c. WSDA or the State Auditor and any of their representatives shall have full access to and the right to
examine all of the Grantee's records with respect to all matters covered in this Agreement. Such
representatives shall be permitted to audit, examine, and make excerpts or transcripts from such records
and to make audits of all contracts, invoices, materials, payrolls, and records of matters covered by this
Agreement. Such rights last for six (6) years from the date final payment is made.
14. SIGNAGE, MARKERS, AND PUBLICATIONS
If, during the period covered by this Agreement, the Grantee displays or circulates any communication,
publication, or donor recognition identifying the financial participants in the project, any such communication or
publication must identify "The State of Washington" and "The Washington State Department of Agriculture — Fairs
Program" as participants.
15. CODE REQUIREMENTS
All construction and rehabilitation projects must satisfy the requirements of applicable local, state, and federal
building, mechanical, plumbing, fire, energy and barrier -free codes. Compliance with the Americans with
Disabilities Act of 1990, 28 C.F.R. Part 35 will be required, as specified by the local building Department.
16. PREVAILING WAGE LAW
The project funded under this Agreement is subject to state prevailing wage law (chapter 39.12 RCW). The
Grantee is advised to consult the Industrial Statistician at the Washington Department of Labor and Industries to
determine the prevailing wages that must be paid. WSDA is not responsible for determining the prevailing wages
applying to this project or for any prevailing wage payments that may be required by law.
17. RECAPTURE PROVISION
a. If Grantee fails to expend state funds in accordance with state law or the provisions of this Agreement,
WSDA reserves the right to recapture state funds in an amount equivalent to the principal amount of the
grant plus interest. Interest is calculated at the rate of interest on State of Washington general obligation
bonds issued most closely to the date of authorization of the grant. Such right of recapture ends three (3)
years following expiration or termination of this agreement.
b. Repayment by the Grantee of state funds under this recapture provision shall occur within thirty (30) days
of demand. If WSDA is required to institute proceedings to enforce this recapture provision, WSDA is
entitled to its cost thereof, including reasonable attorney's fees.
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c. If Grantee fails to perform this Grant in accordance with state laws, federal laws, and/or the provisions of
this Grant, WSDA reserves the right to recapture all funds disbursed under the Grant, in addition to any
other remedies available at law or in equity.
18. AMENDMENTS
The parties may amend this Agreement by mutual agreement. Such amendments shall not be binding unless they
are in writing and signed by personnel authorized to bind each of the parties.
19. SAVINGS
If funding from state or other sources is withdrawn, reduced, or limited in any way after the effective date of this
Agreement and prior to normal completion, WSDA may terminate the Agreement for convenience under Section
27, without the ten (10) business days' notice requirement. In lieu of termination, the parties may amend the
Agreement to reflect the new funding limitations and conditions.
20. NONDISCRIMINATION
a. Grantee must comply with all applicable federal and state nondiscrimination laws ad regulations,
including, but not limited to chapter 49.60, RCW Washington's law against discrimination, and 42 USC
12101 et seq., the Americans with Disabilities Act.
b. If Grantee does not comply or refuses to comply with any nondiscrimination law, regulation or policy,
WSDA may terminate this Agreement in whole or in part for cause as provided in Section 27.
21. HISTORICAL AND CULTURAL ARTIFACTS
Pursuant to Executive Order 05-05, which is available at https /Idaho wa gov/proiect-review/governors-executive-
order-05-05 and is incorporated into this Agreement by reference, if historical or cultural artifacts are discovered
at the project site during construction, the Grantee shall immediately stop construction and notify the local
historical preservation officer and the state historical preservation officer at the Department of Archaeology and
Historic Preservation.
22. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, WSDA may terminate this
Agreement for cause if WSDA finds, after notice and examination, that there is a violation of the Ethics in Public
Service Act, chapter 42.52 RCW; or any similar statute involving the Grantee in the procurement of, or
performance under this contract.
23. DISPUTES
Except as otherwise provided in this Agreement, when a dispute arises between the parties that cannot be
resolved through discussion and negotiation, either party may request a dispute hearing. The parties shall select
a dispute resolution team to resolve the dispute. The dispute resolution team shall consist of a representative
appointed by the WSDA, a representative appointed by the Grantee, and a third party mutually agreed upon by
both parties. The dispute resolution team shall attempt, by majority vote, to resolve the dispute. The parties
agree that this dispute process shall precede any action in a judicial or quasi-judicial setting.
24. HOLD HARMLESS
a. This Agreement is solely for the benefit of the parties and gives no right to any other entity that is not a
party to this Agreement. Each party is responsible and assumes liability for its own negligent acts or
omissions, or those of its officers, agents, or employees to the fullest extent required by law. In the case
of negligence of more than one party, any damages allowed shall be levied in proportion to the
percentage of negligence attributable to each party, and each party shall have the right to seek
contribution from the other party in proportion to the percentage of negligence attributable to the other
party.
b. This indemnification clause also applies to all causes of action arising out of the performance of work
activities under this Agreement. Each contract for services or activities utilizing funds provided in whole or
in part by this Agreement must include a provision that WSDA and the State of Washington are not liable
for damages or claims from damages arising from any subcontractor's performance or activities under the
terms of the contracts.
25. INDEPENDENT CAPACITY OF GRANTEE
The Grantee and its employees or agents performing under this Agreement are not employees or agents of the
state of Washington or WSDA. The Grantee will not hold itself out as or claim to be an officer or employee of
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WSDA or of the state of Washington by reason hereof, nor will the Grantee make any claim of right, privilege or
benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely
with the Grantee.
26. RECORDS MAINTENANCE
The Grantee shall maintain books, records, documents, data and other evidence relating to this Agreement for a
period of six (6) years following the date of final payment. At no additional cost, these records, including materials
generated under the contract, shall be subject at all reasonable times to inspection, review or audit by WSDA,
personnel duly authorized by WSDA, the Office of the State Auditor, and federal and state officials so authorized
by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year
period, the records shall be retained until all litigation, claims, or audit findings involving the records have been
resolved.
27. TERMINATION OR SUSPENSION
a. For Cause: If WSDA determines the Grantee has failed to comply with the conditions of this Agreement in
a timely manner, WSDA has the right to suspend or terminate this Agreement. Before suspending or
terminating the Agreement, WSDA shall notify the Grantee in writing of the need to take corrective action.
If corrective action is not taken within twenty (20) calendar days, WSDA may terminate or suspend the
Agreement and seek recapture of funds as provided in Section 16.
b. For Failure to Complete: If the Grantee fails to complete the Capital Project by the Project Completion
Date shown on the Agreement Face Page, WSDA may terminate this Agreement and seek recapture of
funds as provided in Section 16.
c. For Convenience: Except as otherwise provided in this Agreement, WSDA may terminate this Agreement,
in whole or in part, after ten (10) days written notice, beginning on the second day after the mailing. If this
Agreement is so terminated, WSDA shall be liable only for payment required under the terms of this
Agreement for services rendered or goods delivered prior to the effective date of termination.
d. The rights and remedies of WSDA provided in this contract are not exclusive and are, in addition to any
other rights and remedies, provided by law.
28. ORDER OF PRECEDENCE
In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by giving precedence in
the following order:
a. Applicable federal and state of Washington statutes and regulations
b. Agreement Face Sheet
c. Terms and Conditions
d. Attachments
29. OWNERSHIP OF PROPERTY
WSDA makes no claim to any real property improved or constructed with funds awarded under this Agreement,
does not assert, and will not acquire any ownership interest in or title to the capital facilities and/or equipment
constructed or purchased with state funds under this Agreement. This provision does not extend to claims that
WSDA may bring against the Grantee in recapturing funds expended in violation of this Agreement.
30. ENTIRE AGREEMENT
This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral
or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties
hereto.
31. GOVERNING LAW AND VENUE
This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington, and
the venue of any action brought hereunder shall be in the Superior Court for Thurston County.
32. SEVERABILITY
The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid for any
reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the contract.
33. SURVIVAL
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The terms, conditions, and warranties contained in this Agreement that by their sense and context are intended to
survive the completion of the performance, cancellation or termination of this Agreement shall so survive.
34. WAIVER
WSDA's failure to insist on strict performance of any provision in this Agreement or to exercise any right based
upon a breach of any provision or the acceptance of any performance during such breach, shall not constitute a
waiver of any right under this Agreement.
35. GRANT MANAGEMENT
The Agreement manager for each of the parties shall be responsible for and shall be the contact person for all
communications and billings regarding the performance of this Agreement.
The Agreement Manager for the Grantee is:
The Agreement Manager for the Department is:
Tom Gaines, Central Services Director
Teresa Norman, Fairs Program Administrator
Grant County Fairgrounds
Washington State Dept. of Agriculture
3953 Airway Dr. NE
1111 Washington Street SE
Moses Lake, WA 98837
PO Box 42560
Telephone: 509-237-2672
Olympia, WA 98504-2560
E-mail: tgaines(@.grantcountywa.gov
Telephone: 360-902-2043
E-mail: tnorman(,3.agr.wa.gov
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ATTACHMENT
GRANTEES'S APPLICATION FOR CAPITAL GRANT FUNDS
Grant County Fair
K2926
ATTACHMENT II:
CERTIFICATION OF THE AVAILABILITY OF NON -STATE MATCHING OR IN-KIND
SERVICES TO COMPLETE THE PROJECT
Washington State Department of Agriculture: FAIR CAPITAL GRANTS
Grantee: Grant County
Agreement Number: K2926
Type of Funding
Source Description
Grant Washington State Department of Agriculture
Other Grants
Amount
<Insert Amount $>
Grant #1
--- — �� d®� _ $_�
---
Grant #2
i
Total Other Grants
-- -----
----------- ----
--
$
-------------
$0.00
Total Other Funds
— —�
$0.00
-Other Sources
—
—_— ----_--.---„
--
Source #1
�— $
Total Other Sources _—
,$0.00
Estimated Value of In -Kind Services
Source #1
$
Source #2
_ _
Total Other Funds
— —�
$0.00
Total Project Funding
CERTIFICATION PERFORMANCE MEASURE
The Grantee, by its signature, certifies that non -state matching and in-kind services from sources other than those
provided by this Agreement and identified above are fully expended or committed, or both, in an amount sufficient to
complete the project, or a distinct phase of the project that is useable to the public, and that the funding will be used for
the purpose as described elsewhere in this contract, as of the date and year written below.
The Grantee shall maintain records sufficient to evidence that it has expended or has access to the funds needed to
Complete,the Proje' t and shall make such records available for WSDA'S review upon reasonable request.
SIGNATURE
Cindy Carter,
NAME
BOCC Chair
TITLE
DAT
Grant County Fair
K2926