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SPECIAL TERMS AND CONDITIONS <br /> GENERAL GRANT 5 <br /> STATE FUNDS <br /> THIS CONTRACT, entered into by and between City of Everett(a unit of local government hereinafter <br /> referred to as the Grantee), and the Washington State Department of Commerce(hereinafter referred to <br /> as COMMERCE),WITNESSES THAT: <br /> WHEREAS, COMMERCE has the statutory authority under RCW 43.330.050 (5)to cooperate <br /> with and provide assistance to local governments; businesses, and community-based <br /> organizations; and <br /> WHEREAS, COMMERCE is also given the responsibility to administer state funds and programs <br /> which are assigned to COMMERCE by the Governor or the Washington State Legislature; and <br /> WHEREAS,the Washington State Legislature has, in ESB 5127, Laws of 2012, 2nd Special <br /> Session, Chapter 1, Section 301, made an appropriation to support the 2012 Energy Efficiency <br /> Grants for Local Governments Program, and directed COMMERCE to administer those funds; <br /> and • <br /> WHEREAS,the enabling legislation also stipulates that the Grantee is eligible to receive funding <br /> for acquisition, construction, or rehabilitation (a venture hereinafter referred to as the"Project"). <br /> NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter <br /> contained, the parties hereto agree as follows: <br /> 1. GRANT MANAGEMENT <br /> The Representative for each of the parties shall be responsible for and shall be the contact person for <br /> all communications and billings regarding the performance of this Agreement. <br /> The Representative for COMMERCE and their contact information are identified on the Face <br /> Sheet of this Agreement. <br /> The Representative for the Grantee and their contact information are identified on the Face Sheet <br /> of this Agreement. <br /> 2. COMPENSATION <br /> COMMERCE shall pay an amount not to exceed$191,949.00 for the performance of all things <br /> necessary for or incidental to the performance of work as set forth in the Scope of Work. <br /> 3. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT <br /> • The Grantee may be reimbursed, at the rate set forth elsewhere in this contract, for work completed <br /> beginning April 23, 2012. Eligible project expenditures are in the following cost categories: <br /> A. Design, engineering, architectural, planning services and nongrantee overhead and profit; <br /> B. Construction management and observation(from external sources only); <br /> C. Construction costs including, but not limited to, the following: <br /> Demolition; <br /> Site preparation; <br /> Permits and fees; <br /> Labor and materials; <br /> Taxes on Project goods and services; <br /> Capitalized equipment; <br /> Information technology infrastructure; and <br /> Landscaping. <br /> D. Loan Interest over the term of the loan. <br /> 23 2 <br />