Accepting Grant Offer for leveling and paving of swine building, SWW Fairgrounds BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY, WASHINGTON
ACCEPTING THE GRANT OFFER FOR THE LEVELING AND
PAVING OF THE SWINE BUILDING, MIDWAY AND ADJACENT ) Resolution No. 18- In-
STREETS AT THE SOUTHWEST WASHINGTON FAIRGROUNDS )
WHEREAS, Lewis County has the opportunity to level and pave the Swine barn, midway and adjacent
streets at the Southwest Washington Fairgrounds with financial assistance from the Washington State
Department of Agriculture (WSDA) Fairs Program; and
WHEREAS, the WSDA Fairs Program returned a grant offer of $51,000.00 to assist Lewis County
with these projects; and
WHEREAS, it appears to be in the best public interest to authorize the execution of said Resolution
to accept grant funding.
NOW THEREFORE, BE IT RESOLVED that the Board of County Commissioners (BOCC) agrees
with the recommendation of the Central Services Director to accept the grant offer in the amount of
$51,000 from WSDA; and
BE IT FURTHER RESOLVED that the BOCC authorizes the Central Services Director to sign on
behalf of the County.
PASSED IN REGULAR SESSION THIS LAtik DAY OF \ UVL—' , 2018.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonatha - - -outing Attorney LEWIS COUNTY, WASHINGTON
Aor
By r:--. 'rossecu1ing Attorney Ed . . Fund hair
ATTEST:
4 /4
Rieva Lester, Clerk of the Lewis County Robert C. Jackson, Vice Chair
Board of County Commissioners
®•�15COUNTt!••
p4 <$OARb O't' ys i -
f Gary Sta per, Commissioner
•:,f12 SINCE 1i
• : I 1845
• 9IoMt_ Sr' o
••7tNS1stCa••
•••• ,
Agreement Number: K2489
STATE OF WASHINGTON
DEPARTMENT OF AGRICULTURE
FAIRS PROGRAM
AGREEMENT
This Agreement is entered into by and between Lewis County, a political subdivision
within the State of Washington, (hereinafter referred to as the Contractor) and the
Washington State Department of Agriculture (hereinafter referred to as the
Department).
RECITALS:
1. The Department has the statutory authority to administer the Fairs Program under
chapter 15.76 RCW, the Agricultural Fairs, Youth Shows, Exhibitions Act; and
2. The Department is also given the responsibility to administer funds for capital
projects for those entities qualifying under RCW 15.76.165; and
3. The Washington State Legislature established a one-time appropriation for the
2017-2019 biennium to make grants for capital projects that make health or safety
improvements to agricultural fair grounds or fair facilities in order to benefits
participants and the fair-going public; and
4. The enabling statute also provides that local governments and nonprofit
organizations may apply to the director for grants of capital funding available on a
competitive basis (RCW 15.76.165).
NOW, THEREFORE, the parties hereto agree as follows:
1. FUNDING
The funds to be paid to the Contractor hereunder shall be a sum up to, but not to
exceed $51,000.
2. STATEMENT OF WORK
a) Funds awarded under this performance-based Agreement shall be used solely for
a capital improvement project to level and pave the swine barn, midway, and
adjacent streets at the Contractor's fair facility located at 2555 North National
Avenue, Chehalis, WA 98532.
b) The Contractor agrees to complete the project as described in their Application for
Capital Improvement Grant and to invoice the Department an amount not to
exceed $51,000.
c) The Contractor shall perform in accordance with the terms and conditions of this
Agreement and the following exhibit; which, by this reference, is made a part of
this Agreement:
Page 1 of 8
Agreement Number: K2489
EXHIBIT A —Application for Capital Improvement Grant Funds on behalf of the
Contractor
d) All applicants who receive grant funds must follow applicable procurement
procedures.
3. SPECIAL CONDITION(S)
During the period of this contract and for a period of three years following termination
of the Agreement, the Contractor agrees in consideration for the funding received
under this Agreement to provide one or more of the following Community Benefits:
a) To use the project/capital facility in public interest in the course of holding an
agricultural fair as defined by RCW 15.76.110.
b) To charge reasonable standard admission fees for general public admission to the
agricultural fair, if applicable, and to the extent possible, provide discount or free
admission to special populations such as military families, foster families, student
groups, seniors, babies, and toddlers.
c) Provide for access to the fair and its exhibits and programs to persons of differing
abilities.
d) Where possible, making the fairground or fair facility available for rental at
reasonable or discounted cost for educational or public programs benefitting the
public interest.
e) Provide space for charity and other nonprofit community organizations to conduct
fundraising and/or educational activities.
f) Support other local groups and programs with similar interests in promoting the
welfare of farm people and rural economic development by including the exhibition
of livestock and agricultural produce of all kinds; exhibition of related arts and
manufactures including products of the farm home; and, exhibition of educational
contests, displays and demonstrations designed to train youth.
4. CONTRACT PERIOD
a) The effective date of this Agreement shall be the date of the last signature of the
contracting parties.
b) Unless terminated earlier pursuant to provisions of this contract, the termination
date shall be June 30, 2019.
5. PAYMENT AND DOCUMENTATION OF MATCHING FUNDS OR IN-KIND
Upon completion of the capital improvement project, the Contractor shall provide to
the Department documentation and receipts detailing the amount paid for the project,
including documentation of the non-state matching requirements, if non-state
matching was a part of the budget for the improvement outlined in Exhibit A. The
Contractor shall provide a letter or evidence of completion of any work performed with
Page 2 of 8
Agreement Number: K2489
all invoices submitted which document satisfactory performance of the Agreement.
Before and after photos of the project are encouraged. The Department will not pay
invoices not accompanied by such documentation. All documentation for final
payment must be received no later than July 31, 2019 or the Contractor will not
be paid for the project discussed herein. Payment will not be provided for any
work conducted or purchases made after June 30, 2019.
Instead of one invoice, the Contractor may submit invoices, documentation of
satisfactory performance, and proper receipts of expenses on a more frequent basis
provided it is not more than once a month.
6. DISALLOWED COSTS
The Contractor is responsible for any audit exceptions or disallowed costs incurred by
its own organization or that of its Subcontractors.
7. EVALUATION, REPORTING, AND MONITORING
a) The Contractor shall submit documentation to the Department when the project is
completed and shall confirm that the terms and conditions of this Agreement have
been met, including a report of compliance with the Community Benefit provisions
of Section 3.
b) The Contractor shall cooperate with and freely participate in any monitoring or
evaluation activities conducted by the Department that are pertinent to the intent of
this Agreement, including an on-site inspection of the capital improvement project
after its completion and prior to June 30, 2019.
d) The Department or the State Auditor and any of their representatives shall have
full access to and the right to examine during normal business hours and as often
as the Department or the State Auditor may deem necessary, all the Contractor's
records with respect to the 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. The
contractors shall retain records for a period of six years following completion of the
project.
8. NONDISCRIMINATION PROVISION
a) During the performance of this Agreement, the Contractor shall abide by all
applicable federal and state nondiscrimination laws and regulations, including, but
not limited to chapter 49.60 RCW, Washington's law against discrimination, and 42
U.S.C. 12101 et. seq., the Americans with Disabilities Act (ADA).
b) In the event of the Contractor's noncompliance or refusal to comply with any
nondiscrimination law, regulation, or policy, this Agreement may be rescinded,
canceled, or terminated in whole or in part, and the Contractor may be declared
ineligible under this Agreement. If that be deemed the situation, the Contractor will
not receive reimbursement for the capital project outlined in Exhibit A in the
Page 3 of 8
Agreement Number: K2489
amount identified in this Agreement. The Contractor shall, however, be given a
reasonable time in which to remedy any such noncompliance. Any dispute may be
resolved in accordance with the "Disputes" procedure set for forth in Section 21 of
this Agreement.
9. CONTRACT MODIFICATIONS
The Department and the Contractor may, from time to time, desire to make changes to
this Agreement. Any such changes that are mutually agreed upon by the Department
and the Contractor shall be incorporated herein by written amendment. It is mutually
agreed and understood that no alteration or variation of the terms of this contract shall
be valid unless made in writing and signed by the parties hereto prior to
implementation of the changes, and that any oral understanding or agreements not
incorporated herein shall not be binding.
10. TERMINATION OF AGREEMENT
a) If, through any cause, the Contractor shall fail to fulfill in a timely and proper
manner its obligations under this Agreement or if the Contractor shall violate any of
its covenants, agreements or stipulations of this Agreement, the Department shall
thereupon have the right to terminate this Agreement and deny reimbursement of
special assistance funds to the Contractor if such default or violation is not
corrected within 20 days after the Department submits written notice to the
Contractor describing such default or violation; Provided, that if more than 20 days
are required to correct any such default or violation and the Contractor has
initiated appropriate corrective measures as reasonable determined by the
Department, the Department will not terminate this Agreement for such default or
violation.
b) In the event the Contractor is unable to complete the capital project prior to June
30, 2019, in accordance with the terms and conditions as outlined in this
Agreement, the Contractor will not receive reimbursement for the capital project
outlined in Exhibit A in the amount stated in this Agreement.
c) The Department has the right to terminate the Agreement by giving written notice
to the Contractor at least ten 10 days before the effective date of termination. If
this Agreement is so terminated, the Department is liable only for payments
required under the terms of this Agreement for work completed prior to
termination.
11. WAIVER
The Department's failure to insist upon the strict performance of any provision of this
Agreement or to exercise any right based upon a breach thereof or the acceptance of
any performance during such breach, shall not constitute a waiver of any right under
this Agreement.
Page 4 of 8
Agreement Number: K2489
12. HOLD HARMLESS
a) It is understood and agreed that this Agreement is solely for the benefit of the
parties hereto and gives no right to any other party. No joint venture or partnership
is formed as a result of this Agreement. Each party hereto agrees to be
responsible and assume liability for its own negligent acts or omissions, or those of
its officers, agents, or employees to the fullest extent required by law. In the case
of negligence of more than one party, any damages allowed shall be levied in
proportion to the percentage of negligence attributable to each party, and each
party shall have the right to seek contribution from the other party in proportion to
the percentage of negligence attributable to the other party.
b) This indemnification clause shall also apply to any and all causes of action arising
out of the performance of work activities under this Agreement. Each contract for
services or activities utilizing funds provided in whole or in part by this Agreement
shall include a provision that the Department and the State of Washington are not
liable for damages or claims from damages arising from any subcontractor's
performance or activities under the terms of the contracts.
13. RECAPTURE PROVISION
In the event that the Contractor fails to expend state funds in accordance with state
law and/or the provisions of this Agreement, the Department reserves the right to
recapture state funds in an amount equivalent to the principal amount of the grant plus
interest calculated at the rate of interest on State of Washington general obligation
bonds issued most closely to the date of authorization of the grant. Such right of
recapture shall exist for a period not to exceed three years following termination of the
Agreement. Repayment by the Contractor of state funds under this recapture
provision shall occur within 30 days of demand. In the event that the Department is
required to institute proceedings to enforce this recapture provision, the Department
shall be entitled to its costs thereof, including reasonable attorney's fees.
14. OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The Department makes no claim to any real property improved or constructed with
funds awarded under this Agreement and does not assert and will not require any
ownership interest in or title to the capital facilities and/or equipment constructed or
purchased with state funds under this Agreement. This provision does not extend to
claims that the Department may bring against the Contractor in recapturing funds
expended in violation of this Agreement.
15. RELATIONSHIP BETWEEN THE PARTIES
The Contractor and its employees or agents performing under this Agreement are not
deemed to be employees of the Department nor agents of the Department in any
manner whatsoever, nor will they hold themselves out as nor claim to be officers or
employees of the Department or of the State of Washington hereof and will not make
any claim, demand, or application to or for any right or privilege applicable to an officer
or employee of the Department or of the State of Washington.
Page 5of8
Agreement Number: K2489
16. GOVERNING LAW AND VENUE
This Agreement shall be construed and enforced in accordance with and the validity
and performance hereof shall be governed by the laws of the State of Washington.
Venue of any suit between the parties arising out of this Agreement shall be the
Superior Court of Thurston County, Washington.
In the event of an inconsistency in the terms of this Agreement, or between its terms
and any applicable statute or rule, the inconsistency shall be resolved by giving
precedence in the following order:
a) Applicable state and federal statutes and rules;
b) The terms and conditions of this Agreement;
c) Any other provisions of the agreement, including materials incorporated by
reference.
17. SEVERABILITY
In the event any term or condition of this Agreement or application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other terms,
conditions, or applications of this Agreement, which can be given effect without the
invalid term, condition, or application. To this end, the terms and conditions of this
Agreement are declared severable.
18. ENTIRE AGREEMENT
This Agreement and all attachments hereto contain all the terms and conditions
agreed upon by the parties. No other understandings, oral or otherwise, regarding the
subject matter of this Agreement and attachments shall be deemed to exist or to bind
any of the parties hereto.
19. SIGNAGE AND MARKERS
If, during the period covered by this Agreement, the Contractor displays signs or
markers or circulates any communication identifying the financial participants in the
project, any such sign, marker, or communication must identify the State of
Washington and the Washington State Department of Agriculture - Fairs Program as
participants. The provisions of this section shall also apply to any permanent signs or
markers displayed at the project site.
20. PREVAILING WAGE
The project funded under this Agreement may be subject to state prevailing wage law
(chapter 39.12 RCW). The Contractor is advised to consult with the Washington State
Department of Labor and Industries to determine whether prevailing wages must be
paid. If the project funded by this Agreement is subject to state prevailing wage laws,
the Contractor shall comply with chapter 39.12 RCW, including requiring any
contractor or subcontractor it employs to submit to the Contractor a "Statement of
Intent to Pay Prevailing Wages" and an "Affidavit of Wages Paid" as required by RCW
39.12.040. The Department is not responsible for determining whether prevailing
Page 6 of 8
Agreement Number: K2489
wage applies to this project or for any prevailing wage payments that may be required
by law.
21. DISPUTES
Except as otherwise provided in this Agreement, when a bona fide dispute arises
between the parties and it cannot be resolved through discussion and negotiation,
either party may request a dispute hearing. The parties shall select a dispute
resolution team to resolve the dispute. The dispute resolution team shall consist of a
representative appointed by the Department, a representative appointed by the
Contractor, and a third party mutually agreed upon by both parties. The dispute
resolution team shall attempt, by majority vote, to resolve the dispute. The parties
agree that this dispute process shall precede any action in a judicial or quasi-judicial
setting.
22. CHANGE OF OWNERSHIP OR USE
a) The Contractor understands and agrees that any and all real property or facilities
acquired, constructed, improved, or rehabilitated using state funds under this
Agreement shall be held and used by the Contractor for a period of three years
following termination of the Agreement for the express purpose or purposes stated
in Exhibit A or elsewhere in this Agreement.
b) In the event the Contractor is found to be out of compliance with this section, the
Contractor shall repay to the state general fund the amount of the grant and
interest as provided in Section 13.
23. HISTORICAL AND CULTURAL ARTIFACTS
Pursuant to Executive Order 05-05, in the event that historical or cultural artifacts are
discovered at the project site during construction, the Contractor shall immediately
stop construction and notify the local historical preservation officer and the state
historical preservation officer at the Department of Archaeology and Historic
Preservation. The Executive Order is included as Exhibit B and is by this reference
incorporated into this Agreement.
24. ADMINISTRATION
The contract 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.
The Contract Manager for the Contractor is: The Contract Manager for the Department is:
Tamara Hayes, Manager Teresa Norman, Fairs Program Coordinator
Southwest Washington Fair Washington State Dept. of Agriculture
2555 North National Avenue 1111 Washington Street SE
Chehalis, WA 98532 PO Box 42560
Telephone: 360-740-1495 Olympia, WA 98504-2560
E-mail: tamara.hayes[a�lewiscountywa.gov Telephone: 360-902-2043
E-mail: tnorman @agr.wa.gov
Page 7 of 8
Agreement Number: K2489
IN WITNESS WHEREOF,the parties have executed this Agreement.
STATE OF WASHINGTON LEWIS COUNTY
DEPT. OF AGRICULTURE
Henri Gonzales Steven D. Walton
Printed Name Printed lame
Signature Signature
Administrative Regulations Manager Central Services Director
Title Title
to/o4 G AAP
Date Date
Page 8of8
Washington Exhibit A Fairs Program
'""=
W - State Department of
"4/N9
PO Box 42560
J D� Agriculture Olympia,WA 98504-2560
g (360)902-2043
Application for Capital Improvement Grant Funds
Application deadline: April 16, 2018
(See reverse for eligibility requirements&application process)
Name of Fair Application Date
Southwest Washington Fair April 10, 2018
Street Address Mailing Address
2555 North National Avenue 2555 North National Avenue
City State Zip Code Mailing City State Zip Code
Chehalis WA 98532 Chehalis WA 98532
Name of Requesting Officer(Please Print) Phone Number(Include Area Code) Email Address
Tamara Hayes 360-740-2656 Tamara.hayesra)lewiscountywa.gov
If you submit more than one Application for Capital Improvement Grant Funds,what priority is this Application(1 being the highest priority)?
This application is priority 2 of the 3 grant applications we intend to submit for this fair.
number
Capital Improvement Detail
Description of Capital Improvement(Use Additional Pages if Necessary)
Level and pave swine barn, midway, & adjacent streets.
The swine barn is decades old with built in pens. The plan is to remove all of the old substandard pens,
remove the old dirt some of which was tilled in with ash after the Mount Saint Helens explosion and pave the
barn. Once the barn has been paved we will use portable pens to hold the swine. This paving project will
allow the barn to be used for a variety of events during the interim event season.
Additional paving is need to fill holes that are tripping hazards on the midway and adjacent fairgrounds
streets.
Amount Requested from WSDA Total Project Amount Type of Match
60,000 $ 90,060.00 ❑ Monetary ❑ In-Kind ® Both Monetary& In-Kind ❑ No Match
Description of Match
County labor as in-kind match.
County Capitol funds for monetary match.
Health/Safety/Legal Requirement of Capital Improvement
Health and safety improvement to upgrade the swine barn facilities so it is a healthier place for exhibitors to
showcase their animals and visitors to enter. Patch paving on the fairgrounds addresses safety issues that arise
from tripping hazards.
What is the impact if you were to receive a grant award less than requested? Can The Project Be Completed By June 30,2019
Significant deficiency of funds may delay the project.
®Yes ❑No
Applicant Certification
I hereby certify under penalty of peijury that the foregoing in nation is true and correct to the best of my knowledge.
Signature of Officer Completing Applicat' n Date Signed
Tamara Hayes (.�'t r-r-- , e April 10, 2018
AGR-5543(R/2/18) Page 1 of 2
• r
Z. 5V
Swine Barn and Paving Project
Item Price Each Qty Total
Paving Barn Area $ 45,000.00 1 $ 45,000.00
Paving Misc. Areas $ 15,000.00 1 $ 15,000.00
Grinding/Cutting $ 7,500.00 1 $ 7,500.00
Contractor Total $ 67,500.00
County Labor $ 80.00 32 $ 2,560.00
Wire, Misc $ 1,500.00 1 $ 1,500.00
Rebuild of Pen Area $ 9,500.00 1 $ 9,500.00
County Total $ 13,560.00
Contingency $ 9,000.00
Project Total $ 90,060.00
Swine Barn and Midway Paving
_ .. - .......... '''•,„,.. "s4 . . , . '' . I , . -,T...- :. , 'f.-. f ...::,-
-..---i , : .. - . ' ., •'.:.-,,,J.-..... . . -2.:,,,,,:44,4.. -'t '1;I:: ''' ' - ''''' , :-.•'1,.,. ..-
-..- -.--!-- ...;‘ ,.,•,....,.,....-.-- ,
....
• ,„, t., ...
.,. ,
•,,, , • „.. --..
i .4..
1
. 1
. 1„ ..
,
I
1
, ,
,....:',• .
'- ''',.'......,'::,......, '
:. ",..... ' ,-,- It
.--.0,0,-*°'-.;w1.--T-7-4---..,:-5..i,;K: C •
_,.
.,,
,,. ..
..,
!
'.
.. 5
. , .
' *Villriti, ,..•.:
' '''' '.'-.' ..f.'.:'v:.•.. I i.: . 9 i..:,i 1,'1 ' •'. ''...,'
,:' ' . ...-... ...•,„, k ..,„:„...„, ...,. : ,.... .: :::.,:rt... ,
. . ..'...:.,:s,.'r.'"7....1;e::'1,-''',',....•:::t -, .f.-....1:. ,,,7,,T1.-... ',,, ....-:e:'.
. ., . .
'''''''''',1!ilpli.c.,:`, 4,--"..:fi• , * ,,,.,'.. . ...„......, . -.- " -'''
4...,,,, 4.1,- •• - - t..,.....:,... 1 444,...,,-..el . . .'•
:,
_,---- - •. . . '..'.., •
)I - .
f ';:".■7._ - ;',k^--
41044411110
-' • 1
, -
, ....
..: • '4,,I
I:
741:,... ''....- . 4,'. .
A ,
I'
'..."111101110.0111 . ,
. - - - :I .r. , •. :: , ,,, ,.,...f
.' .. ,
,,, ..,-,'" 4- ' •- 1 r-
., -•' •''''.,•, 'I14' A lei-- ii., ..;.-,-, . .,,,-• .i.4-41 - :-- I,: • . ''
• , ir,T;s:pnm-Tilk-..ar.,,t,„,•=7.4•IKA '•_••:-..44,— ,I,Il 11' , ' ';: 1 : i
ni. i.cm tv,-,x, ."-•'',•'aiZ lialls, '','_-''•:.,,, :•.= • :Ij ',Ti.4';.' ':: ,' ', ',■I
I
• ' .
.._
•
--.F• .,...:4-.,;: • ,.,-.- .., .
. ,. .
I . .. '---:- ' ,--'2-qXf 4---.9
•
!lea 1
r-
* .___ -____,:_:.....•-.,:- ....;----
641
, --,--.........Lz.
?•,-•• ,
..i.,',
.., ,
1 -
-•......
•-
-..,
•.
,....-,. t
.
..,,-
. I \. 4').
\ . ,....,,
:
,1
. . • „ ,
'
1
; 1
■-•,S.
P'.0. . 1, -. -' •...'.. i
7°7...:'--.C` . ..',"'''.t l'.,J ' ■ -.-'•- -
. - •
.
.• ,
••• -
, ‘.1. .4,,, . .,4...,_1_,....44‘,-,44-.-; • ''.3-1,4'.■"-i'
'...."," <..'?;•.41.',',,,, ' .., . '•',;-.1.:;.'.. '•.:-•-
-:'''';`'' w--;-...•': 4;11
' •' nit:7'.'"
.
,• 7,..r IV .
."'"'4'44‘sfte.„,,,',..;..1''''.h-th.,41V
-
. . .
.y
-• '
. ..'
•_. _ :. • .
rBOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: Jun 04, 2018
Suggested Wording for Agenda Item: Agenda Type: Consent
Accepting Washington State Department of Agriculture Grant Funding for the Southwest Washington
Fairgrounds.
Contact Tamara Hayes, Doug Carey Phone: x2656
Department: Central Services
Action Needed: Approve Resolution
Description
The Washington State department of Agriculture has statutory authority to adminster the Fairs Program under
chapter 15.76 RCW, the Agricultural Fairs, Youth Shows, Exhibitions Act.
The Department is also given the responsibility to administer funds for capital projects for those entities
qualifying under RCW 15.76.165.
The Washington State Legislature established a one-time appropriation for the 2017-2019 biennium to make
grants for capital projects that make health or safety improvements to agricultural fair grounds or fair facilities
in order to benefit participants and the fair-going public
The Southwest Washington Fair applied for grant funding for several projects under this program and was
awarded grant funding for paving and leveling the swine barn, midway and adjacent streets in an amount not to
exceed $51,000.00. This is a matching grant requiring an approximate 33% match of in kind and monetary
matching funds.
Approvals:
User Group Status
Walton, Steve Central Services Pending
Cover Letter To
Tamara Hayes
Additional Copies
Doug Carey