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<br /> Everett Forward Grant Program | Agreement | Page 2
<br />Office of Inspector General, and the Government Accountability Office, or their authorized representatives, shall
<br />have the right of access to records (electronic and otherwise) of Grantee in order to conduct audits or other
<br />investigations. Grantee acknowledges that records may be subject to disclosure under the Public Records Act,
<br />Ch. 42.56 RCW.
<br />7. Publications. Any publications produced with funds from this Agreement must display the following language:
<br />“This project [is being][was] supported, in whole or in part, by federal award number SLFRP0152 awarded to
<br />City of Everett, Washington by the U.S. Department of the Treasury.”
<br />8. Disclaimer by the City and United States. The United States has expressly disclaimed any and all responsibility
<br />or liability to the City or third persons for the actions of the City or third persons resulting in death, bodily injury,
<br />property damages, or any other losses resulting in any way from the performance of this award or any other
<br />losses resulting in any way from the performance of the award of Federal funds to the City under section 603(c)
<br />of the Act, or any contract or subcontract under such award. The City expressly disclaims any and all
<br />responsibility or liability to Grantee or third persons for the actions of Grantee or third persons resulting in
<br />death, bodily injury, property damages, or any other losses resulting in any way from the performance of this
<br />Agreement or any other losses resulting in any way from the performance of the Agreement, or any subcontract
<br />thereto. This Agreement does not in any way establish an agency relationship between or among the United
<br />States, the City, and/or Grantee.
<br />9. False Statements. Grantee understands that making false statements or claims in connection with this
<br />Agreement may be a violation of federal law and may result in criminal, civil, or administrative sanctions,
<br />including fines, imprisonment, civil damages and penalties, debarment from participating in federal or City
<br />awards or contracts, and/or any other remedy available by law.
<br />10. Debarment and Suspension Certification. Entities that are debarred, suspended, or proposed for debarment,
<br />by the U.S. Government are excluded from receiving federal funds and contracting with the City. Grantee, by
<br />signature to this Agreement, certifies that Grantee is not currently debarred, suspended, or proposed for
<br />debarment, by any Federal department or agency. Grantee also agrees that it will not enter into a subcontract
<br />with a person or entity that is debarred, suspended, or proposed for debarment. Grantee will notify the City if
<br />it, or a subcontractor, is debarred, suspended, or proposed for debarment, by any Federal department or
<br />agency. Debarment status may be verified at https://www.sam.gov/.
<br />11. Termination. Upon seven (7) days-notice, the City may terminate this agreement for convenience. Any unspent
<br />grant proceeds shall be immediately returned to the City.
<br />12. Repayment of Funds; Recoupment. If Grantee has unspent grant proceeds on hand as of March, 31, 2024,
<br />Grantee shall return all unspent grant proceeds to the City within ten (10) calendar days. If any funds provided
<br />to Grantee were used in a manner that is not consistent or allowable as outlined in this Agreement or in the
<br />Federal Terms, Grantee shall return funds to City in the amount determined to be ineligible. Grantee further
<br />agrees that it is financially responsible for and will repay the City any and all indicated amounts following an
<br />audit exception which occurs due to Grantee’s failure, for any reason, to comply with the terms of this
<br />Agreement. This duty to repay the City shall not be diminished or extinguished by the termination of the
<br />Agreement.
<br />13. Conflict of Interest. Grantee designees, agents, members, officers, employees, consultants, and any other public
<br />official who exercises or who has exercised any functions or responsibilities with respect to the Program during
<br />his or her tenure, or who is in a position to participate in a decision-making process or gain inside information
<br />with regard to the Program, are barred from any interest, direct or indirect, in any grant or proceeds of the
<br />Program, or benefit there from, which is part of this Agreement at any time during or after such person's tenure.
<br />14. Governing Laws. This Agreement shall be governed by and construed in accordance with the laws of the State
<br />of Washington. The venue for any action hereunder shall be in the Superior Court for Snohomish County,
<br />Washington, or the U.S. District Court for the Western District of Washington.
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