2012/09/12 Council Agenda Packet

SPECIAL TERMS AND CONDITIONS 15. CHANGE OF USE FOR LEASED PROPERTY PERFORMANCE MEASURE AND DISINCENTIVE A. The Grantee understands and agrees that any facility leased by the Grantee that is constructed, renovated, or otherwise improved using state funds under this Grant shall be used by the Grantee for the purpose or purposes stated elsewhere in this Grant for a period of at least ten (10)years from the date the final payment is made hereunder. B. In the event the Grantee is found to be out of compliance with this section, the Grantee shall repay to the state general fund or to such other state fund as directed by DOH the principal amount of the grant as stated in Section 1, hereof, plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the effective date of the legislation in which the subject facility was authorized. Repayment shall be made pursuant to Section 27 of the General Terms and Conditions. 16. MODIFICATION TO THE PROJECT BUDGET A. Notwithstanding any other provision of this Grant, the Grantee may, at its discretion, make modifications to line items in the Estimated Project Costs(Attachment III), hereof, that will not increase the line item by more than fifteen percent(15%). B. The Grantee shall notify DOH in writing (by email or regular mail)when proposing any budget modification or modifications to a line item in the Estimated Project Costs (Attachment III,) hereof,that would increase the line item by more than fifteen percent(15%). Conversely, DOH may initiate the budget modification approval process if presented with a request for payment under this Grant that would cause one or more budget line items to exceed the 15 percent(15%)threshold increase described above. C. Any such budget modification or modifications as described above shall require the written approval of DOH (by email or regular mail), and such written approval shall amend the Project Budget. Each party to this Grant will retain and make any and all documents related to such budget modifications a part of their respective Grant file. D. Nothing in this section shall be construed to permit an increase in the amount of funds available for the Project, as set forth in Section 2 of the Special Terms and Conditions. 17. SIGNAGE, MARKERS AND PUBLICATIONS If, during the period covered by this Grant,the Grantee displays or circulates any communication, publication, or donor recognition identifying the financial participants in the Project, any such communication or publication must identify"The Taxpayers of Washington State" as a participant. 18. HISTORICAL AND CULTURAL ARTIFACTS Prior to commencing construction, Grantee shall complete the requirements of Governor's Executive Order 05-05, and/or, as applicable, Grantee shall complete Section 106 of the National Historic Preservation Act. Grantee agrees that it is legally and financially responsible for compliance with all laws, regulations, and agreements related to the preservation of historical or cultural artifacts and agrees to hold harmless DOH and the State of Washington in relation to any claim related to such historical or cultural artifacts discovered, disturbed, or damaged as a result of the project funded by this Grant. In addition to the requirements set forth in this Grant, Grantee shall, in accordance with Governor's Executive Order 05-05, coordinate with the Washington State Department of Archaeology and Historic Preservation (DAHP), including any recommended consultation with any affected tribe(s), during project design and prior to construction to determine the existence of any tribal cultural resources affected by the proposed project funded by this Grant. Grantee agrees to avoid, minimize, or mitigate impacts to the cultural resource as a continuing pre-requisite to receipt of funds under this Grant. DOH Grant N19726 Pag3 of 26 City of Everett