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Exhibit A: General Terms and Conditions <br />1. General Conditions <br />A. Compliance with the Act. Subrecipient understands and agrees that funds provided under this <br />Agreement may only be used in compliance with section 603(c) of the Social Security Act (the <br />"Act"), as added by section 9901 of the American Rescue Plan Act ("ARPA"), the U.S. Department <br />of Treasury's ("Treasury's") regulations implementing that section, and guidance issued by <br />Treasury regarding the foregoing, as well as all other applicable federal statutes, regulations, <br />executive orders, and interpretive guidance as may become applicable at any time. <br />B. Subrecipient Capacity. Subrecipient agrees and confirms that it has the institutional, managerial <br />and financial capacity to ensure proper planning, management and completion of the Agreement. <br />If, at any time, Subrecipient believes its capacity is compromised or Subrecipient otherwise needs <br />any sort of assistance, it SHALL immediately notify the Crty. The City will make best efforts to <br />provide timely technical assistance to the Subrecipient to bring the Agreement into compliance. <br />C. Certifications. Prior to any disbursement of funds authorized by this Agreement, the <br />Subrecipient shall provide the City with: Duplication of Benefits Form (Exhibit D); Civil Rights <br />Certification Form (Exhibit G), the Lobbying Certification Form (Exhibit H) and, if applicable, the <br />Lobbying Disclosure Form (Exhibit I). <br />D. Agreement Term. This Agreement shall commence upon the parties' execution of this Agreement <br />and terminate on 12/31/2023 . [If applicable: The City shall have an option to renew this <br />contract under the same terms and conditions for an additional term with a termination dote <br />of 12/31/2024 ; provided, the City delivers a written notice of review prior to 12/31/2023 .] <br />E. Scope of Work. The Subrecipient shall use the funds provided herein only to perform the activities <br />set forth in Exhibit B, entitled Scope of Work, attached hereto and incorporated herein by this <br />reference (hereinafter referred to as the "Scope"). <br />F. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be <br />construed in any manner, as creating or establishing the relationship of employer/employee <br />between the parties. The Subrecipient shall at all times remain an "independent contractor" <br />with respect to the services to be performed under this Agreement. The City shall be exempt <br />from payment of all Unemployment Compensation, FICA, retirement, life and/or medical <br />insurance and Workers' Compensation Insurance as the Subrecipient is an independent <br />contractor. <br />G. Workers' Compensation. The Subrecipient shall provide Workers' Compensation Insurance <br />coverage for all of its employees involved in the performance of this Agreement provided for by <br />the Workers Compensation Act of the State of Washington. <br />H. Insurance & Bonding <br />1. Public Liability and Property Damage: The Subrecipient shall maintain during the life of this <br />Contract public liability and property damage insurance covering the Subrecipient's services <br />hereunder in the sum of not less than one million dollars ($2,000,000) combined single limits <br />bodily injury/property damage. Insurance shall cover work done by the Subrecipient or <br />EVERETT <br />WASHINGTON <br />Everett Forward Grant Program I Subrecipient Agreement 1 Page 1 <br />