Sample Grant Beneficiary Agreement
AGREEMENT FACE SHEETAgreement Number: XXXX
Washington State Department of Agriculture Local Food Infrastructure Grant Program
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The Agreement Manager for Grantee is: | The Agreement Manager for WSDA is: |
[Contact Name] [Contact Address] [Contact Phone] Contact email] |
Galen Van Horn Regional Markets Program Manager P.O. Box 42560 Olympia, Washington 98504 564-200-4054 galen.vanhorn@agr.wa.gov |
- AUTHORITY AND PURPOSE
Pursuant to this authority, and acting under the authority of RCW 43.23.030, WSDA has awarded the Grantee funding under this Agreement for the Project described in Paragraph 4. Grantee must perform in accordance with this Agreement’s terms and conditions and all applicable federal, state and local laws, regulations, rules, guidance and ordinances, which by this reference are incorporated into this Agreement as though set forth fully herein.
- PROJECT
- FUNDING
- APPLICABLE LICENSING, PERMITTING, OR INSPECTION
- PREVAILING WAGE LAW
- PERIOD OF PERFORMANCE
- ALLOWABLE AND DISALLOWED COSTS
- Work as described in ATTACHMENT A: STATEMENT OF WORK.
- Allowable costs are eligible for reimbursement, subject to WSDA’s review and approval of the documentation described in Paragraph 10.
- Disallowed costs are Ineligible Expenses including, but not limited to:
- Any expenses exceeding the Grant Amount on the Agreement Face Sheet.
- Any expenses for Approved Cost Items exceeding the Budget and Expense Detail in Attachment A by more than twenty (20) percent per any line item, unless approved in advance in writing by the WSDA Agreement Manager, as described in Paragraph 9.
- Any expense incurred or paid by Grantee before or after the period of performance in Paragraph 7.
- Any expense covered by other federal, state, or local governmental funding or insurance payment.
- Any expense incurred in violation of any applicable law, ordinance, or regulation.
- Disallowed costs are not eligible for reimbursement.
- The Grantee is liable for the repayment to WSDA of any expenses that are determined by audit to be disallowed costs.
- MODIFICATION
- The Parties may modify or amend the Agreement by prior mutual consent. No modifications or amendments are binding unless in writing and approved by WSDA.
- WSDA may unilaterally extend the date by which funds are to be expended.
- WSDA, at its discretion, may approve Grantee-requested adjustments to Approved Cost Items without modifying or amending this Agreement, provided the adjustments retain or enhance the project’s achievability, impact to business viability, and benefit to local food supply infrastructure, and do not affect the total award amount. Adjustments are not effective unless the Grantee requests and receives approval in advance in writing from the WSDA Agreement Manager.
- PAYMENT PROCEDURES
Requests for reimbursement of allowable costs must be made using the forms provided in the grant application portal. Requests must be supported by appropriate receipts, paid invoices, or other financial records such as contractor invoices or copies of cashed checks. Detail and documentation must be sufficient, in WSDA’s sole discretion, for WSDA to confirm that the expense is allowable, budgeted, and accurately calculated.
Reimbursement Request for Travel: Travel expenditures must comply with state policies published in Chapter 10 of the State Administrative & Accounting Manual (SAAM) at https://www.ofm.wa.gov/sites/default/files/public/legacy/policy/10.htm. Mileage and per diem rates must not exceed the rates published in SAAM Ch. 10, Sec. 90, which may be periodically updated.
Reimbursement Request for Staff Time / Labor Hours: Records of expanded general ledger and/or timesheets must be kept for six (6) years following the date of final payment.
WSDA will review Reimbursement Request Invoice Forms prior to approving for payment. WSDA may reject and return deficient reimbursement requests in whole or in part and withhold payment pending correction by the Grantee. WSDA may also disallow all or part of the cost of an activity or action not in compliance with this Agreement, and may partially suspend or terminate the Agreement.
WSDA will pay Reimbursement Request Invoices within 30 days of receipt of a Request for Reimbursement Invoice Form that is not deficient.
Grantee may submit requests for reimbursement not more than twice per calendar month, at any time during the month.
Grantee must submit a final request for reimbursement no later than 10 days after the Grant End Date.
- RETENTION OF EQUIPMENT AND IMPROVEMENTS
- Title to equipment and improvements purchased with grant funds vests in the Grantee.
- Equipment purchased with grant funds must remain in use for the intended purpose for at least 3 years from the end of the agreement time period.
- Any improvements made with grant funds to a facility owned or leased by the Grantee must remain under the Grantee’s control and in use for the intended purposes of this grant for at least 3 years from the end of the agreement time period. WSDA may request a copy of the executed lease at any time and up to 3 years after the Grant End Date.
- WSDA reserves the right to waive this clause, in WSDA’s sole discretion, in cases of unforeseen circumstances in which enforcement would result in undue hardship and undermine the benefit to local food supply infrastructure.
- Grantee is liable for repayment of funds expended for equipment and improvements not retained by Grantee in accordance with this provision. WSDA may, in its discretion, pro rate the amount of repayment.
- PROCUREMENT
- All procurement transactions will be conducted in a manner to provide, to the extent practical, open and free competition. Grantee must make affirmative efforts to assure that small, minority-owned, and women-owned businesses are used when possible.
- Grantee is prohibited from awarding any contract to a party that is debarred or suspended from receiving federal funds. Grantee must affirm contractor’s debarment or suspension status by searching records System for Award Management (SAM) at https://sam.gov/SAM/ or requiring contractors to provide written certification that they are not debarred or suspended from receiving federal funds.
- If the Grantee or any of its contractors, at any time after award, are debarred or suspended, they are required to immediately report this to WSDA.
- PROJECT REPORTING
- Grantee must complete Quarterly Reports and a Final Report using provided forms. The Final Report is due no later than 10 days after the Grant End Date.
- The Final Report must be signed by an official of the Grantee with authority to bind the Grantee.
- Grantee will be requested to fill out a Project Outcomes Report due no later 13 months after the Grant End Date.
- PUBLICITY AND ACKNOWLEDGEMENT
- The Grantee shall acknowledge WSDA’s support through the Local Food System Infrastructure Grant Program whenever a project funded by this Agreement, in whole or in part, is publicized in any news or social media. Brochures and other types of promotional materials shall include a statement recognizing the funding source. (Example of funding source statement: “This project was funded by/or in part by WSDA’s Local Food System Infrastructure Grant Program”.)
- If desired, the grant Grantee may also include the WSDA Regional Markets Program logo with their funding source statement. To obtain the program logo, please contact: localfoodinfrastructure@agr.wa.gov
- CERTIFICATION REGARDING DEPARTMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION.
- SITE VISIT EVALUATIONS
- WSDA may conduct a site visit at any time during the time period in Paragraph 7 and up to three years after the Grant End Date, and will provide a three-day notice. To the extent possible, all site visits will be scheduled on mutually acceptable dates.
- Grantee must provide right of access to its facilities and any books, documents, papers, or other project-related records to WSDA for the purpose of evaluating performance and financial compliance.
- COMPLIANCE ENFORCEMENT ACTIONS
- WSDA may take action for Grantee’s failure to comply with the Agreement terms and conditions, including invoicing and reporting requirements, in accordance with all applicable laws, statues, regulations, and policies. The remedy may depend on the severity and duration of the non-compliance.
- WSDA will provide Grantee notice and 20 days in which to correct the non-compliance before taking an enforcement action; repeated, continued, or material non-compliance is ground for termination for cause.
- WSDA’s enforcement remedies include, but are not limited to:
- Disallowance of costs for all or part of the cost of the activity or action not in compliance, or for non-compliant invoicing or reporting.
- Withholding of payments.
- Suspension or termination of the Agreement.
- Recapture of funds.
- RECAPTURE FUNDS
- If Grantee fails to perform under this Agreement in compliance with state laws, federal laws, and/or the provisions of this Agreement, WSDA reserves the right to recapture all or any portion of funds disbursed under the Agreement.
- When it is discovered that Grantee has received reimbursement for a disallowed expenditure or if WSDA determines that Grantee’s records are insufficient to support a conclusion that the expenditure is allowable, WSDA may allow Grantee to repay the amount within 30 days of notification or deduct the amount from a subsequent Request for Reimbursement.
- INSURANCE
- Grantee must maintain Commercial General Liability Insurance coverage, including contractual liability, in adequate quantity to protect against legal liability arising out of Agreement activity.
- In the event that services delivered pursuant to this Agreement involve the use of vehicles, either owned or not owned by Grantee, Grantee shall provide automobile liability insurance.
- The intent of the required insurance is to protect the State from any claims, suits, actions, costs, damages or expenses arising from any negligent or intentional act or omission of Grantee, contractors, or agents of either, while performing under the terms of this Agreement.
- PUBLIC RECORDS COMPLIANCE
- RECORDS MAINTENANCE
The Grantee will retain all books, records, documents, and other materials relevant to this Agreement for six years following the date of final payment. If additional litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved.
- ACCESS
- INDEPENDENT CAPACITY OF GRANTEE
- ASSIGNMENT
- REGISTRATION WITH THE DEPARTMENT OF REVENUE
- TAXES
- TERMINATION OR SUSPENSION PRIOR TO GRANT END DATE
For Cause: If WSDA determines the Grantee has failed to comply with the conditions of this Agreement, and fails to cure the non-compliance, WSDA has the right to suspend or terminate this Agreement. Before suspending or terminating the Agreement, WSDA shall notify the Grantee in writing of the need to take corrective action. If the failure is not cured within 20 calendar days, WSDA may terminate or suspend the Agreement and seek recapture of funds.
For Loss of Funding or Government Shutdown: If funding from any source is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion, WSDA may immediately terminate or suspend the Agreement without advance notice. In lieu of termination or suspension, the parties may amend the Agreement to reflect the new funding limitations and conditions. If temporary federal or state government shutdowns occur for any reason, WSDA may suspend this Agreement or delay payments due under it without advance notice.
- CONFLICT OF INTEREST
- DISCLAIMER OF LIABILITY
- INDEMNIFICATION
- ATTORNEYS’ FEES
- WAIVER
- SEVERABILITY
- SURVIVAL
- GOVERNANCE
- NONDISCRIMINATION
Grantee must comply with all applicable federal and state nondiscrimination laws and regulations, including, but not limited to the following Statutes and regulations prohibiting discrimination applicable to this award include, without limitation, the following:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance;
The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability;
Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance;
The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and
Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.
RCW 49.60, Washington’s law against discrimination, and 42 USC 12101 et seq., the Americans with Disabilities Act (ADA).
If Grantee does not comply or refuses to comply with any nondiscrimination law, regulation or policy, WSDA may terminate this Agreement in whole or in part for cause.
- RIGHTS AND REMEDIES NOT EXCLUSIVE
- ORDER OF PRECEDENCE
Applicable federal and state of Washington statutes and regulations.
The Agreement Face Sheet
Terms and Conditions
Attachment A
Attachment B
Attachment C
- ENTIRE AGREEMENT
ATTACHMENT A
STATEMENT OF WORK
[Budget Detail]
ATTACHMENT B
CERTIFICATION OF THE PAYMENT AND REPORTING OF PREVAILING WAGES
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that all contractors and subgrantees/subcontractors performing work on the Project shall comply with prevailing wage laws set forth in RCW 39.12, as applicable on the date the Project appropriation becomes effective, including but not limited to the filing of the “Statement of Intent to Pay Prevailing Wages” and “Affidavit of Wages Paid” as required by RCW 39.12.040. The GRANTEE shall maintain records sufficient to evidence compliance with RCW 39.12 and shall make such records available for COMMERCE’s review upon request.
If any state funds are used by the GRANTEE for the purpose of construction, applicable State Prevailing Wages must be paid.
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and approved by the GRANTEE’s governing body as of the date and year written below.
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GRANTEE
__________________
TITLE
__________________
DATE