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<br />Everett Forward Grant Program | Agreement | Page 6 <br />3. Access to Records. The Treasury Office of Inspector General and the Government Accountability Office, or <br />their authorized representatives, shall have the right of access to records (electronic and otherwise) of <br />Grantee in order to conduct audits or other investigations. <br />4. Uniform Guidance Compliance. <br />A. Remedial Actions. In the event of Grantee’s noncompliance with section 603(c) of the Act, Treasury’s <br />regulations implementing that section, guidance issued by Treasury regarding the foregoing, or any <br />other applicable federal laws or regulations, Treasury may take available remedial actions as set forth <br />in 2 C.F.R. 200.339. <br />B. Recoupment. <br />1.Grantee agrees that it is financially responsible for and will repay the City any and all indicated <br />amounts following an audit exception which occurs due to Grantee’s failure, for any reason, to <br />comply with the terms of the Agreement. This duty to repay the City shall not be diminished or <br />extinguished by the termination of the Agreement. <br />2. In the event of a violation of section 603(c) of the Act, the funds shall be subject to recoupment by <br />the City. <br />3. Any funds paid to Grantee (1) in excess of the amount to which Grantee is authorized to retain <br />under the terms of the Agreement; (2) that are determined by the Treasury Office of Inspector <br />General to have been misused; (3) are determined by Treasury to be subject to a repayment <br />obligation pursuant to section 603(e) of the Act; or (4) are otherwise subject to recoupment by the <br />City, and have not been repaid by Grantee to the City shall constitute a debt to the City. <br />4. Any debts determined to be owed the City must be paid promptly by Grantee. A debt is delinquent <br />if it has not been paid by the date specified in the City’s initial written demand for payment, unless <br />other satisfactory arrangements have been made or if the City knowingly or improperly retains <br />funds that are a debt. The City will take any actions available to it to collect such a debt. <br />C. Return of Unused Funds. If Grantee has any unspent funds on hand as of the earlier of December 31, <br />2024, or the termination of this Agreement, Grantee shall return all unspent funds to the City within <br />ten (10) calendar days. <br />5. Disclaimer. <br />A. The United States expressly disclaims any and all responsibility or liability to Grantee or third persons <br />for the actions of Grantee or third persons resulting in death, bodily injury, property damages, or any <br />other losses resulting in any way from the performance of this award or any other losses resulting in any <br />way from the performance of this grant or any contract, or subcontract under this grant. <br />B. The acceptance of this grant by Grantee does not in any way establish an agency relationship between <br />the United States and Grantee. <br />6. Protection for Whistleblowers. <br />A. In accordance with 41 U.S.C. § 4712, Grantee may not discharge, demote, or otherwise discriminate <br />against an employee in reprisal for disclosing to any of the list of persons or entities provided below, <br />information that the employee reasonably believes is evidence of gross mismanagement of a federal <br />contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or <br />grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation <br />related to a federal contract (including the competition for or negotiation of a contract) or grant. <br />B. The list of persons and entities referenced in the paragraph above includes the following: <br />1. A member of Congress or a representative of a committee of Congress; <br />2. An Inspector General; <br />3. The Government Accountability Office;