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Attachment B <br />Washington Military Department <br />GENERAL TERMS AND CONDITIONS <br />Department of Homeland Security (DHS)/ <br />Federal Emergency Management Agency (FEMA) <br />Grants <br />A.1 DEFINITIONS <br />As used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200 <br />Subpart A (which is incorporated herein by reference), except as otherwise set forth below: <br />a. "Agreement" means this Grant Agreement. <br />b. "Department" means the Washington Military Department, as a state agency, any division, <br />section, office, unit or other entity of the Department, or any of the officers or other officials lawfully <br />representing that Department. The Department is a recipient of a federal award directly from a <br />federal awarding agency and is the pass -through entity making a subaward to a Subrecipient <br />under this Agreement. <br />c. "Investment" means the grant application submitted by the Subrecipient describing the project(s) <br />for which federal funding is sought and provided under this this Agreement. Such grant application <br />is hereby incorporated into this Agreement by reference. <br />d. "Monitoring Activities" means all administrative, financial, or other review activities that are <br />conducted to ensure compliance with all state and federal laws, rules, regulations, authorities and <br />policies. <br />e. "Subrecipient" when capitalized is primarily used throughout this Agreement in reference to the <br />non-federal entity identified on the Face Sheet of this Agreement that has received a subaward <br />from the Department. However, the definition of "Subrecipient" is the same as in 2 CFR 200.1 for <br />all other purposes. <br />A.2 ADVANCE PAYMENTS PROHIBITED <br />The Department shall make no payments in advance or in anticipation of goods or services to be provided <br />under this Agreement. Subrecipient shall not invoice the Department in advance of delivery and invoicing <br />of such goods or services. <br />A.3 AMENDMENTS AND MODIFICATIONS <br />The Subrecipient or the Department may request, in writing, an amendment or modification of this <br />Agreement. However, such amendment or modification shall not be binding, take effect or be <br />incorporated herein until made in writing and signed by the authorized representatives of the Department <br />and the Subrecipient. No other understandings or agreements, written or oral, shall be binding on the <br />parties. <br />The Agreement performance period shall only be extended by (1) written notification of DHS/FEMA <br />approval of the Award performance period, followed up with a mutually agreed written amendment, or (2) <br />written notification from the Department to the Subrecipient to provide additional time for completion of <br />the Subrecipient's project(s). <br />A.4 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. 12101 ET <br />SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR Part <br />35. <br />The Subrecipient must comply with the ADA, which provides comprehensive civil rights protection to <br />individuals with disabilities in the areas of employment, public accommodations, state and local <br />government services, and telecommunication. <br />A.5 ASSURANCES <br />The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance <br />with all the applicable current federal, state and local laws, rules, and regulations. <br />A.6 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY <br />As federal funds are a basis for this Agreement, the Subrecipient certifies that the Subrecipient is not <br />presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from <br />participating in this Agreement by any federal department or agency. <br />DHS-FEMA-SLCGP-FY23 <br />Page 11 of 39 Everett, E24-268 <br />