Sample Grant Beneficiary Agreement

AGREEMENT FACE SHEET

Washington State Department of Agriculture
Farm to School Purchasing Grant
 

1. DEFINITIONS

The following definitions apply throughout this Agreement.
 
“Agreement” means this Agreement between WSDA and Beneficiary.
 
“Date of Grant Agreement Execution” means the date on which both parties have signed the Grant Agreement.
 
“Project” means the expenses and activities described in Attachment B: Approved Costs, Budget Detail and Brief Project Description, including any modifications made by WSDA to the original project proposal.
 
“Eligible Expenses” means expenses eligible for reimbursement or expenses that are allowed under this Agreement. Examples of Eligible Expenses are set forth in Attachment A: WSDA Farm to School Purchasing Grant Guidelines.
 
“Approved Budget Categories” means accepted budget categories in the Budget Detail described in Approved Costs, Budget Detail and Brief Project Description. Any budget category that WSDA has not included or otherwise indicated to be unacceptable is NOT an Approved Budget Category.
 
“Grant Amount” means the total amount of funding under this Agreement, as set forth on the Agreement Face Sheet.”
 
“Grantee” means the entity identified as the Grantee on the Agreement Face Sheet. “Grantee” includes all employees and agents of the Grantee.
 
“Ineligible Expenses” means expenses not eligible for reimbursement or expenses that are not allowed under this Agreement. Any budget category WSDA has not included in Attachment B or otherwise indicated to be unacceptable is an Ineligible Expense. Other examples of Ineligible Expenses are set forth in Attachment A: WSDA Farm to School Purchasing Grant Guidelines and in Paragraph 7. Allowable and Disallowable Costs of this Agreement.
 
“WSDA” means the Washington State Department of Agriculture.
 
“USDA” means the United States Department of Agriculture.
 
“SAM” means the federal System for Award Management.
 
WSDA uses USDA definitions for the following terms (Source: USDA ERS -Beginning, Limited Resource, and Female Farmers and Ranchers).
 
“Beginning farmer” is someone who has materially and substantially participated in the operation of any farm or ranch for 10 years or less.
 
“Limited-resource farmer” households are defined as having low farm sales and low household income for 2 years in a row. In fiscal year 2020, low farm sales meant direct or indirect gross farms sales not more than $180,300. Low household income means that current-year income falls below the national poverty level for a family of four with two children or is less than half of the county median household income.
 

2. GRANT MANAGEMENT

The Agreement manager for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement. Each party will notify the other of any change in administrators.
 

The Agreement Manager for Beneficiary is:	The Agreement Manager for WSDA is:
[Name] [Title] [Address] [City, State Zip code] [Phone Number] [Email]	Rachel Breslauer P.O. Box 42560 Olympia, Washington 98504 360-819-7412 farmtoschool@agr.wa.gov

 

3. AUTHORITY AND PURPOSE

This grant is funded by funds appropriated by the Washington State Legislature in Engrossed Substitute Senate Bill 5167, Sec. 311 to WSDA for the purpose set out on the Agreement Face Sheet.
 
For this purpose, in the 2025-2027 biennium, the Washington State Legislature allocated $5 million in General Funds-State.  
 
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 5. Project. 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.
 

4. FUNDING

Grantee is eligible to receive grant funding for Approved Budget Categories that meet the eligibility criteria detailed in Attachment A, not to exceed the Grant Amount shown on the Agreement Face Sheet. WSDA will make payments on reimbursement basis only.
 

5. PROJECT

Grantee must use the funding awarded by WSDA under this Agreement solely for the Approved Budget Categories described in Attachment B: Approved Costs, Budget Detail and Brief Project Description, and the purchase of eligible Washington-grown foods to be served in the Grantee’s child nutrition program.
 

6. PERIOD OF PERFORMANCE

The period of performance for the Project is between the Grant Agreement Start Date and the Grant Agreement End Date shown on the Agreement Face Sheet. Any expenses paid before or after this period are not eligible for reimbursement.
 

7. ALLOWABLE AND DISALLOWED COSTS
   1. Expenses related to the Approved Budget Categories that meet the eligibility criteria detailed in Attachment A: WSDA Farm to School Purchasing Grant Guidelines are the only allowable costs.
   2. Allowable costs are eligible for reimbursement, subject to WSDA’s review and approval of the documentation described in Paragraph 9. Payment Procedures.
   3. Disallowed costs are Ineligible Expenses including, but not limited to:
      1. Any expenses exceeding the Agreement Amount on the Agreement Face Sheet.
      2. Any expenses for Approved Budget Categories exceeding the Budget and Expense Detail in Attachment B by more than 20% per any line item, unless approved in advance in writing by the WSDA Agreement Manager.
      3. Any expense incurred or paid by Grantee before or after the period of performance in Paragraph 6. Period of Performance.
      4. Any expense covered by other federal, state, or local governmental funding.
      5. Any expense incurred in violation of any applicable law, ordinance, or regulation.
   4. Disallowed costs are not eligible for reimbursement.
   5. The Grantee shall not use Agreement Award funds to cover indirect costs or any other costs other than allowable costs.
   6. The Grantee is responsible for any expenses paid by the Grantee that are determined by audit to be disallowed costs.

 

8. MODIFICATION
   1. 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.
   2. WSDA may unilaterally extend the date by which funds are to be expended.
   3. WSDA, at its discretion, may approve Grantee-requested adjustments to Approved Budget Categories without modifying or amending this Agreement, provided the adjustments retain or enhance the project’s achievability and impact to local food procurement for school, childcare, or summer meals, and do not affect the total award amount (See Section 9.C. Budget Modifications).  Adjustments are not effective unless the Grantee requests and receives approval in advance in writing from the WSDA Agreement Manager.

 
 

9. PAYMENT PROCEDURES

1. Grantee must register in the Statewide Payee System. If the Grantee does not have a Statewide Vendor Number (SWV), Grantee may register online at: https://ofm.wa.gov/it-systems/accounting-systems/statewide-vendorpayee-services
2. Grantee must follow these steps to complete Reimbursement Requests in the Wize Hive submission portal (https://webportalapp.com/sp/wsda-farm-to-school-fy26).

1. Steps to request reimbursement for food costs:
   1. Grantee must complete the Monthly Expenditure Report template provided by WSDA (excel spreadsheet) for purchased food items.
   2. Grantee will upload completed Monthly Expenditure Reports to a Reimbursement Request form in the WizeHive submission portal.   
   3. Grantee should submit no more than one (1) food reimbursement request per month, due by the 10^th of the month.
   4. Grantee should claim purchases within 30 days of completing a purchase and payment to vendors.
   5. Grantee is not required to complete a Reimbursement Request form if not claiming purchases.
      1. Additional Requirements - Beneficiaries that contract with a Food Service Management Company (FSMC), Vended Meals Company and/or another School through a School-to-School Agreement are eligible for this grant, however these funds must be managed by the Grantee.
         1. The FSMC/Vendor/School providing the meals will need to provide the Grantee with receipts showing the actual costs and original farm source of each Washington grown meal component for which they are requesting reimbursement.
         2. The Grantee must provide a monthly invoice showing number of meals paid for, per meal price, and sufficient back up documentation to show the eligible food items and total cost included in the meals served.
         3. These are not additional funds that the Grantee would be paying to the FSMC/Vendor/School above the per meal price, this is the portion of the per meal price that can be paid for with grant funds. The Grantee must ensure allowable use, tracking and reporting of grant funds, while ensuring all revenues and expenditures flow through the nonprofit food service account.  The Grantee may use grant funds to purchase foods directly for use in Child Nutrition Programs, if allowed in the contract with the FSMC/Vendor/School.
      2. When requesting reimbursement for a processed food item, Grantee must obtain the WSDA Farm to School Purchasing Grant Washington-Grown Food Product Verification Form from the processor.  The Grantee must include the correctly completed form the first time a Reimbursement Request is submitted for the product(s) listed on the form via upload in the submission portal. If ingredient sourcing changes, the Grantee must submit an updated form the next time a reimbursement request for the listed product(s) is submitted.
      3. Refer to Paragraph 9. Payment Procedures, section D for required backing documentation and Paragraph 13 section D for risk-based reporting requirements.
   2. Steps to request reimbursement for non-food costs:
      1. Grantee requests reimbursement by selecting from the list of the Grantee’s approved non-food budget categories in the Reimbursement Request section in the WizeHive submission portal.
      2. Grantee must submit invoice, receipt, and proof of payment for all non-food costs.
      3. Reimbursement Request for Transportation and Travel: Travel expenditures must comply with state policies published in Chapter 10 of the State Administrative & Accounting Manual (SAAM) at https://ofm.wa.gov/sites/default/files/public/legacy/policy/10.90.pdf. Mileage and per diem rates must not exceed the rates published in SAAM Ch. 10, Sec. 90, which may be periodically updated.
      4. 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.
      5. For other non-food costs, refer to Paragraph 9. Payment Procedures, Section D for required backing documentation and Paragraph 13. Grantee Subaward Performance and Risk Assessment, Section D for risk-based reporting requirements.

3. Budget Modifications - all non-food costs must be within 20% of the cost as shown in Attachment B. Approved Costs, Budget Details, and Project Description or the Grantee must seek pre-approval through the Budget Modification Request Form. Pre-approval is also required for any additional costs not included in Attachment B: Approved Costs, Budget Details and Brief Project Description. Grantee will request pre-approval by completing the Budget Modification Requests section of the WizeHive submission portal, prior to incurring costs. Budget modifications will be approved or denied within 30 days of request.  
4. For all food and non-food costs to be reimbursed with grant funds, Grantee must retain copies of appropriate receipts, paid invoices, or other financial records to support all food items listed on the Monthly Expenditure Report and reimbursement requests for a period of six (6) years from the final date of payment, described in Paragraph 19. Proprietary Information. Detail and documentation must be sufficient for WSDA to confirm that the expense is allowable and accurately calculated.  Supporting documentation must be provided to WSDA upon request to verify eligible expenses or upon audit of the Agreement by WSDA or other authorized state or federal authorities.
5. Prior to approving payment, WSDA will review Monthly Expenditure Reports and Reimbursement Requests for Non-Food Costs ensure expenses are allowable and that submitted expense and proof of payment documentation is adequate. 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.
6. WSDA will pay Reimbursement Requests within 30 days of receipt of a Reimbursement Request that is not deficient.
7. Grantee must submit a final request for reimbursement no later than June 30, 2026 for State General funds expended from the Date of Grant Agreement Execution – June 30, 2026. Grantee must submit a final request for reimbursement no later than June 30, 2027 for State General funds expended July 1, 2026 – June 30, 2027.

 

10. RETENTION OF EQUIPMENT

1. Title to equipment purchased with grant funds vests in the Grantee.
2. Equipment purchased with grant funds must remain in use for the intended purpose for at least 3 years from the end of agreement time period.
3. Grantee is liable for repayment of funds expended for equipment not retained by Grantee in accordance with this provision. WSDA may, in its discretion, pro rate the amount of repayment.
4. 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.

 
 

11. PROCUREMENT
    1. The Grantee must follow all applicable Federal, State and local procurement rules and regulations when making purchases.
    2. All procurement transactions will be conducted in a manner to provide, to the extent practical, open and free competition. Grantee must make positive efforts to assure that small, minority-owned, and women-owned businesses are used when possible.
    3. 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.
    4. 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.

 
 

12. CERTIFICATION REGARDING DEBARRMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION.
    1. By signing this Agreement, Grantee certifies it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal or State department or agency.

 

13. GRANTEE PERFORMANCE AND RISK ASSESSMENT
    1. WSDA will assess the risk level of the Grantee based on responses provided by the Grantee to required questions in the grant application, related to administrative, financial capability, and accounting systems. WSDA will communicate the assessed risk level to the Grantee upon award.
    2. Grantee’s performance will be periodically reviewed and rated for compliance with this Agreement and completion of the project. Beneficiaries are subject to monitoring actions, with additional requirements for beneficiaries identified as medium or high risk. Monitoring actions will include a thorough review of all reimbursement request details; random desk audits to review detailed supporting documentation; required completion mid-term and final grant reports; and documented check-ins with beneficiaries. Medium-risk beneficiaries will submit all detailed supporting documentation for grant purchases with the first monthly reimbursement request. High-risk beneficiaries will submit all detailed supporting documentation for grant purchases with the first three (3) monthly reimbursement requests.  

 

14. BENEFICIARY ORIENTATION
    1. Grantee must attend the virtual WSDA Farm to School Purchasing Grant Orientation on Zoom or watch a recording of the orientation and complete the virtual OSPI Procurement Training for WA-Grown Food within the first month of the grant period. The date and time of the Orientation and link to the Procurement Training will be provided to the Grantee by the WSDA Farm to School Purchasing Grant Specialist.

 

15. PROJECT REPORTING
    1. Grantee must complete a Baseline, three (3) six-month Progress Reports, and Final Report in the form of online surveys provided by WSDA. WSDA will post surveys in the WizeHive portal to be completed by the Grantee.

 

16. SITE VISIT EVALUATIONS
    1. WSDA may conduct a site visit at any time during the time period in Paragraph 6. Period of Performance and up to one year after the end of the grant, and will provide a three-day notice.  To the extent possible, all site visits will be scheduled on mutually acceptable dates.
    2. 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.

 

17. PUBLICITY AND ACKNOWLEDGEMENT

1. The Grantee shall acknowledge WSDA’s support through the Farm to School Purchasing 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 Farm to School Purchasing Grant Program”.)
2. If desired, the Grantee may also include a WSDA Regional Markets program logo with their funding source statement. To obtain the program logo, please contact: farmtoschool@agr.wa.gov

 

18. COMPLIANCE ENFORCEMENT ACTIONS
    1. WSDA may take enforcement action for Grantee’s failure to comply with the Agreement terms and conditions, including invoicing, reporting, training requirements, and performance expectations, in accordance with the provisions in this Agreement and all applicable statues, regulations, and policies. The type of enforcement action may depend on the severity and duration of the non-compliance.
    2. Performance expectations for Grantee include, but are not limited to, the following:
       1. Responding to phone or email communication from WSDA within (5) business days.
       2. Expending the full grant award by the stated deadlines.
       3. Completing baseline, progress, and final reports by the stated deadlines.
       4. Submitting reimbursement requests within one (1) month of completed purchases.
       5. Notifying WSDA of grant contact changes within (1) week of staffing changes.
    3. WSDA will provide Grantee notice and opportunities to correct the non-compliance as outlined below before taking enforcement action. Repeated or continued non-compliance is grounds for termination for cause.
       1. Step 1: Written communication- WSDA will send an email to all grant contacts detailing the identified non-compliance, required action for Grantee to correct the non-compliance, and due date for the corrective action.
       2. Step 2: Written communication and phone call - WSDA will send an email reminder of the communication in Step 1 and provide this information in a phone call or voicemail to the Agreement Manager for Grantee.
       3. Step 3: Meeting with the Purchasing Grant Specialist- WSDA will schedule a phone call or virtual meeting with Grantee to review the identified non-compliance, required action of Grantee to correct the non-compliance, and the enforcement action should non-compliance persist.
       4. Step 4: Final notice - WSDA will send a final notice of the required action of Grantee to correct the non-compliance and notice of the planned enforcement action should non-compliance persist.
       5. Step 5: Notice of enforcement action - WSDA will send a notice of the enforcement action being taken by WSDA.
    4. Grantee’s failure to comply with the Agreement terms and conditions or failure to complete corrective actions may lead to enforcement action by WSDA. WSDA enforcement actions include, but are not limited to:
       1. 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.
       2. Withholding of payments.
       3. Reduction of grant award.
       4. Suspension of the Agreement
       5. Termination of the Agreement for cause.
    5. Beneficiaries that operate Federal Child Nutrition Programs are required to remain in good standing with the Office of Superintendent and Public Instruction (OSPI) throughout the grant period. If WSDA is notified by OSPI that the Grantee is not in good standing with OSPI, WSDA will pause processing of reimbursement requests and payments until OSPI notifies WSDA the Grantee returns to good standing.

 
 

19. INSURANCE
    1. Grantee must maintain Commercial General Liability Insurance coverage, including contractual liability, in adequate quantity to protect against legal liability arising out of Agreement activity.
    2. Automobile Liability: In the event that services delivered pursuant to this Agreement involve the use of vehicles, either owned or not owned by the Grantee, automobile liability insurance shall be required. 
       1. The Grantee shall notify their insurance carrier of the business use and submit to WSDA a statement from the carrier acknowledging that the Grantee is insured for such use.  This statement may be, for instance, a notation of coverage on the insurance certificate/s.  The minimum limit for automobile liability is: $1,000,000 Per Occurrence, using a Combined Single Limit for bodily injury and property damage.
       2. In the event of an accident or other injury related to the transportation of students for field trips, Grantee agrees that WSDA will not be liable for any damages or attorney’s fees related to student transportation.
    3. 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.

 
 

20. PROPRIETARY INFORMATION

Grantee acknowledges WSDA is subject to RCW 42.56, the Public Records Act, and that all records related to this Agreement, including but not limited to, and any records in Grantee’s possession related to this agreement and records Grantee submits to WSDA under this Agreement are public records as defined in RCW 42.56.
 

21. RECORDS MAINTENANCE
    1. Grantee shall maintain books, records, documents and other evidence relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct costs of any nature expended in the performance of this Agreement. The records must be sufficient to demonstrate that the funds have been used in accordance with General Funds-State and this Agreement. At no additional cost, these records, including materials generated under the agreement, shall be subject at all reasonable times to inspection, review, or audit by personnel duly authorized by the Agency, the Office of the State Auditor, and federal officials so authorized by law, rule, regulation, or contract.
    2. The Grantee will retain all books, records, documents, and other materials relevant to this Agreement for six (6) 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. 

 

22. ACCESS

Notwithstanding any other provision in this Agreement, WSDA or the State Auditor and any of their representatives shall have full access to and the right to examine all of the Grantee's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, and records of matters covered by this Agreement. Such rights last for six (6) years from the date final payment is made.
 

23. INDEPENDENT CAPACITY OF GRANTEE

The Grantee and its employees or agents performing under this Agreement are not employees or agents of the state of Washington or WSDA. The Grantee will not hold itself out as or claim to be an officer or employee of WSDA or of the state of Washington, nor will the Grantee make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the Grantee.
 

24. ASSIGNMENT

The Grantee shall not assign this Agreement without WSDA’s prior written consent.
 

25. REGISTRATION WITH THE DEPARTMENT OF REVENUE

Grantee must register with the Washington State Department of Revenue.
 

26. TAXES

Grantee is responsible for payment of all taxes due on payments under this Agreement. Grantee is solely responsible for all payroll taxes, unemployment and paid family medical leave contributions, any other taxes, insurance or other expenses for the Grantee or its staff.
 

27. TERMINATION OR SUSPENSION PRIOR TO GRANT END DATE
    1. For Convenience: Either party may terminate this Agreement upon 30 days prior written notice to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of the Agreement prior to the effective date of termination.
    2. For Cause: If WSDA determines the Grantee has failed to comply with the conditions of this Agreement in a timely manner, 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.
    3. 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.

 

28. CONFLICT OF INTEREST

Notwithstanding any determination by the Executive Ethics Board or other tribunal, WSDA may terminate this Agreement for cause if WSDA finds, after notice and examination, that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW, or any similar statute involving the Grantee in the procurement of, or performance under this contract.
 

29. DISCLAIMER OF LIABILITY

WSDA is not liable for claims or damages arising from the Grantee’s performance of this Agreement.
 

30. INDEMNIFICATION

To the fullest extent permitted by law, Grantee shall indemnify, defend, and hold harmless State, agencies of State and all officials, agents and employees of State, from and against all claims for injuries or death arising out of or resulting from the performance of the Agreement.Grantee’s obligation to indemnify, defend, and hold harmless includes any claim by Grantee’s agents, employees, representatives, or any subcontractor or its employees.Grantee expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out of or incident to Grantee’s or any subcontractor’s performance or failure to perform the Agreement.Grantee’s obligation to indemnify, defend, and hold harmless the State shall not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents, agencies, employees and officials.Grantee waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless State and its agencies, officials, agents or employees.
 

31. ATTORNEYS’ FEES

In the event of litigation or other action brought to enforce Agreement terms, each party agrees to bear its own attorney’s fees and costs.
 

32. WAIVER

A failure by either party to insist on strict performance by the other party of any provision in this Agreement shall not constitute a waiver of the other party’s obligations. Waiver of any right must be in writing and signed by an authorized representative of the party waiving the right.
 

33. SEVERABILITY

The provisions of this Agreement are intended to be severable.If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement.
 

34. SURVIVAL

The terms, conditions, and warranties in this Agreement that by their sense and context are intended to survive the completion of performance, cancellation or termination of this Agreement shall so survive. Such provisions include but are not limited to the following sections of this Agreement: Recapture, Records Maintenance, Copyright Provisions, Indemnification, Disputes, and Governance.
 

35. GOVERNANCE

This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. In the event of a lawsuit involving this Agreement, venue shall be proper only in Thurston County, Washington.
 

36. NONDISCRIMINATION

  Grantee must comply with all applicable federal and state non-discrimination laws and regulations, including, but not limited to the following Statues and regulations prohibitng discrimination applicable to this award:

1. Chapter 49.60, RCW Washington’s law against discrimination, and 42 USC 12101 et seq., the Americans with Disabilities Act (ADA).
2. Nondiscrimination Requirement. During the term of this Agreement, GRANTEE, including any subcontractor, shall not discriminate on the bases enumerated at RCW 49.60.530(3). In addition, GRANTEE, including any subcontractor, shall give written notice of this nondiscrimination requirement to any labor organizations with which GRANTEE, or subcontractor, has a collective bargaining or other agreement. The funds provided under this Agreement shall not be used to fund religious worship, exercise, or instruction. No person shall be required to participate in any religious worship, exercise, or instruction in order to have access to the facilities funded by this Agreement.

3. Obligation to Cooperate. GRANTEE, including any subcontractor, shall cooperate and comply with any Washington state agency investigation regarding any allegation that GRANTEE, including any subcontractor, has engaged in discrimination prohibited by this Agreement pursuant to RCW 49.60.530(3).
4. Default. Notwithstanding any provision to the contrary, WSDA may suspend GRANTEE, including any subcontractor, upon notice of a failure to participate and cooperate with any state agency investigation into alleged discrimination prohibited by this Agreement, pursuant to RCW 49.60.530(3). Any such suspension will remain in place until WSDA receives notification that GRANTEE, including any subcontractor, is cooperating with the investigating state agency. In the event GRANTEE, or subcontractor, is determined to have engaged in discrimination identified at RCW 49.60.530(3), WSDA may terminate this Agreement in whole or in part, and GRANTEE, subcontractor, or both, may be referred for debarment as provided in RCW 39.26.200. GRANTEE or subcontractor may be given a reasonable time in which to cure this noncompliance, including implementing conditions consistent with any court-ordered injunctive relief or settlement agreement.
5. Remedies for Breach. Notwithstanding any provision to the contrary, in the event of Agreement termination or suspension for engaging in discrimination, GRANTEE, subcontractor, or both, shall be liable for contract damages as authorized by law including, but not limited to, any cost difference between the original Grant and the replacement or cover Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the competitive bidding, mailing, advertising and staff time , which damages are distinct from any penalties imposed under Chapter 49.60, RCW. GRANTEE may also be required to repay grant funds pursuant to Section 17 (Recapture) of the Terms and Conditions if the Agreement is terminated based on a violation of the nondiscrimination requirement. WSDA shall have the right to deduct from any monies due to GRANTEE or subcontractor, or that thereafter become due, an amount for damages GRANTEE or subcontractor will owe WSDA for default under this provision.

 
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.
 

37. RIGHTS AND REMEDIES NOT EXCLUSIVE

The rights and remedies of the parties provided in this contract are not exclusive and are in addition to any other rights and remedies available at law or in equity.
 

38. ORDER OF PRECEDENCE

In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by giving precedence in the following order:

1. The Agreement Face Sheet
2. Terms and Conditions
3. Attachment A- WSDA Farm to School Purchasing Grant Guidelines
4. Attachment B- Approved Costs, Budget Details and Brief Project Description
5. Applicable federal and state of Washington statutes and regulations.

 
 

39. ENTIRE AGREEMENT

This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto.

 

 

 

 

 

 

 

ATTACHMENT B

 
Approved Costs, Budget Details and Brief Project Description
including any modifications made by WSDA to the original project proposal
 
Brief Project Description: Please describe the specific activities you will use to incorporate new Washington-grown foods into your school or childcare meal program.
 
Awarded Food Cost Total: $___
 
Eligible food expenses are set forth in Attachment A.
 
Awarded Non-Food Cost Total: $___
 
Non-food costs must directly support the development and sustainability of farm to school efforts to purchase and promote foods grown and raised in Washington State.
 
See Table of Approved Budget Categories and Budget Details on the next page.
 
[Approved Costs and Budget Details Table]