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individuals with disabilities in the areas of employment, public accommodations, state and local government
<br />services, and telecommunications.
<br />16. PREVAILING WAGE LAW
<br />The project funded under this Agreement is subject to state prevailing wage law (chapter 39.12 RCW). The
<br />Grantee is advised to consult the Industrial Statistician at the Washington Department of Labor and Industries to
<br />determine the prevailing wages that must be paid. WSDA is not responsible for determining the prevailing wages
<br />applying to this project or for any prevailing wage payments that may be required by law.
<br />17. RECAPTURE PROVISION
<br />a. If Grantee fails to expend state funds in accordance with state law or the provisions of this Agreement, WSDA
<br />reserves the right to recapture state funds in an amount equivalent to the principal amount of the grant plus
<br />interest. Interest is calculated at the rate of interest on state of Washington general obligation bonds issued
<br />most closely to the date of authorization of the grant.
<br />b. Repayment by the Grantee of state funds under this recapture provision shall occur within thirty (30) days of
<br />demand. If WSDA is required to institute proceedings to enforce this recapture provision, WSDA is entitled to
<br />its cost thereof, including reasonable attorney's fees.
<br />c. If Grantee fails to perform this Agreement in accordance with state laws, federal laws, and/or the provisions of
<br />this Agreement, WSDA reserves the right to recapture all funds disbursed under the Agreement, in addition to
<br />any other remedies available at law or in equity.
<br />18. AMENDMENTS
<br />The parties may amend this Agreement by mutual agreement. Such amendments shall not be binding unless they
<br />are in writing and signed by personnel authorized to bind each of the parties.
<br />19. SAVINGS
<br />If funding from state or other sources is withdrawn, reduced, or limited in any way after the effective date of this
<br />Agreement and prior to normal completion, WSDA may terminate the Agreement for convenience under Section
<br />28, without the ten (10) business days' notice requirement. In lieu of termination and at WSDA's discretion, the
<br />parties may amend the Agreement to reflect the new funding limitations and conditions.
<br />20. NONDISCRIMINATION
<br />a. Nondiscrimination Requirement. During the term of this Agreement, Grantee, including any subcontractor,
<br />shall not discriminate on the bases enumerated at RCW 49.60.530(3). In addition, Grantee, including any
<br />subcontractor, shall give written notice of this nondiscrimination requirement to any labor organizations with
<br />which Grantee, or subcontractor, has a collective bargaining or other agreement.
<br />The funds provided under this Agreement shall not be used to fund religious worship, exercise, or
<br />instruction. No person shall be required to participate in any religious worship, exercise, or instruction in order
<br />to have access to the facilities funded by this Agreement.
<br />b. Obligation to Cooperate. Grantee, including any subcontractor, shall cooperate and comply with any
<br />Washington State agency investigation regarding any allegation that Grantee, including any subcontractor,
<br />has engaged in discrimination prohibited by this Agreement pursuant to RCW 49.60.530(3).
<br />c. Default. Notwithstanding any provision to the contrary, WSDA may suspend Grantee, including any
<br />subcontractor, upon notice of a failure to participate and cooperate with any state agency investigation into
<br />alleged discrimination prohibited by this Agreement, pursuant to RCW 49.60.530(3). Any such suspension will
<br />remain in place until WSDA receives notification that Grantee, including any subcontractor, is cooperating
<br />with the investigating state agency. In the event Grantee, or subcontractor, is determined to have engaged in
<br />discrimination identified at RCW 49.60.530(3), WSDA may terminate this Agreement in whole or in part, and
<br />Grantee, subcontractor, or both, may be referred for debarment as provided in RCW 39.26.200. Grantee or
<br />subcontractor may be given a reasonable time in which to cure this noncompliance, including implementing
<br />conditions consistent with any court -ordered injunctive relief or settlement agreement.
<br />d. Remedies for Breach. Notwithstanding any provision to the contrary, in the event of Agreement termination or
<br />suspension for engaging in discrimination, Grantee, subcontractor, or both, shall be liable for contract
<br />damages as authorized by law including, but not limited to, any cost difference between the original Grant and
<br />the replacement or cover Grant and all administrative costs directly related to the replacement Grant, e.g.,
<br />cost of the competitive bidding, mailing, advertising and staff time , which damages are distinct from any
<br />penalties imposed under Chapter 49.60, RCW. Grantee may also be required to repay grant funds pursuant
<br />KIMMS uounry
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<br />Fair Capital Project Grant
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