K3683_KITTITAS_CO_FAIR_GRANT_AGREEMENT

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Kittitas County Page 5 Fair Capital Project Grant K3683 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. c. If Grantee fails to perform this Agreement 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 Agreement, 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 SAVINGS If funding from state or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion, WSDA may terminate the Agreement for convenience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 21-02, which is available at Governor's Executive Order 21-02 (formerly 05-05) | Washington State Department of Archaeology & Historic Preservation (DAHP) 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 Agreement. 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.