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SPECIAL TERMS AND CONDITIONS <br /> THIS GRANT entered into by and between Washington State Department of Health (hereinafter referred <br /> to as DOH), and City of Everett(hereinafter referred to as the Grantee), and the WITNESSES THAT: <br /> WHEREAS, under chapter 70.119A RCW, DOH and its Secretary are authorized to administer <br /> drinking water programs and, under RCW 70.119A, 070,to enter into contracts to carry out the <br /> chapter's purposes; and <br /> WHEREAS, the Washington State Legislature has, in Laws of 2012, Second Special Session, <br /> Part IV, Section 402, made an appropriation to support the DOH "Safe Reliable Drinking Water <br /> Grants" program as part of the "2012 Jobs Now Act"and directed DOH 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 personfor <br /> all communications and billings regarding the performance of this Grant. <br /> The Representative for DOH and their contact information are identified on the Face Sheet of this <br /> Grant. <br /> The Representative for the Grantee and their contact information are identified on the Face Sheet <br /> of this Grant. <br /> 2. COMPENSATION <br /> DOH shall pay an amount not to exceed $1,000,000.00 for the capital costs necessary for or <br /> incidental to the performance of work as set forth in the Attachment I: Project Scope of Work. <br /> 3. COPYRIGHT PROVISIONS <br /> General Terms and Conditions, Provision 12, Copyright Provisions, do not apply to this Grant. <br /> 4. PREVAILING WAGE LAW <br /> The Project funded under this Grant may be subject to state prevailing wage law(Chapter 39.12 <br /> RCW). The Grantee is advised to consult the Industrial Statistician at the Washington Department of <br /> Labor and Industries to determine whether prevailing wages must be paid. DOH is not responsible <br /> for determining whether prevailing wage applies to this Project or for any prevailing wage payments <br /> that may be required by law. <br /> 5. BASIS FOR ESTABLISHING REAL PROPERTY VALUES FOR ACQUISITIONS OF REAL <br /> PROPERTY PERFORMANCE MEASURES <br /> When the grant is used to fund the acquisition of real property, the value of the real property eligible <br /> for reimbursement under this grant shall be established as follows: <br /> A. Grantee purchases of real property from an independent third-party seller shall be evidenced <br /> by a current appraisal prepared by a licensed Washington State commercial real estate <br /> appraiser, or a current property tax statement. <br /> B. Grantee purchases of real property from a subsidiary organization, such as an affiliated LLC, <br /> shall be evidenced by a current appraisal prepared by a licensed Washington State <br /> commercial real estate appraiser or the prior purchase price of the property plus holding <br /> costs, whichever is less. <br /> DOH Grant N19726 Pagy of 26 City of Everett <br />