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6 <br />SPECIAL TERMS AND CONDITIONS <br />GENERAL GRANT <br />STATE FUNDS <br />THIS GRANT AGREEMENT, entered into by and between the CITY OF EVERETT, a Local Government, <br />and WASHINGTON STATE DEPARTMENT OF COMMERCE, as defined on the Face Sheet of this Grant <br />Agreement, 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 Laws of 2023, Chapter 474, Section 1025, <br />made an appropriation to support the 2024 Local and Community Projects Program, which was <br />amended in Laws of 2024, Chapter 375, Section 1011, and directed COMMERCE to administer <br />those funds; and <br />WHEREAS, the enabling legislation also stipulates that the GRANTEE is eligible to receive <br />funding for design, acquisition, construction and equipment, or rehabilitation activities of the <br />Project. <br />GRANTEE and COMMERCE are individually a “party” and, collectively, the “parties.” <br />NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter <br />contained, the parties 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 <br />for all communications and billings regarding the performance of this Grant Agreement. <br />2. COMPENSATION <br />COMMERCE shall pay an amount not to exceed $334,650.00 for the capital costs necessary for or <br />incidental to the performance of work as set forth in Attachment A (Scope of Work). <br />3. CERTIFICATION OF FUNDS PERFORMANCE MEASURES <br />A. The release of state funds under this Grant Agreement is contingent upon the GRANTEE <br />certifying that it has expended or has access to funds from non-state sources as set forth in <br />ATTACHMENT C (CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE <br />PROJECT). Such non-state sources may consist of a combination of any of the following: <br />i. Eligible Project expenditures prior to the execution of this Grant Agreement. <br />ii. Cash dedicated to the Project. <br />iii. Funds available through a letter of credit or other binding loan commitment(s). <br />iv. Pledges from foundations or corporations. <br />v. Pledges from individual donors. <br />vi. The value of real property when acquired solely for the purposes of this Project, as <br />established and evidenced by a current market value appraisal performed by a licensed, <br />professional real estate appraiser, or a current property tax statement. COMMERCE will <br />Docusign Envelope ID: 9B889CF2-7957-48F2-B06A-301BAAA8C3CA