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________________________________________________________________________________________________________ <br />Interagency Agreement Page 6 of 29 <br />under this Agreement. All other modifications shall not be valid unless made in writing and signed by <br />the parties. Any oral understandings and agreements not incorporated herein, unless made in writing <br />and signed by the parties hereto, shall not be binding. <br />Notwithstanding any provision of this Agreement to the contrary, at any time during the Agreement <br />period, COMMERCE may analyze Agreement expenditures as a proportion of the Agreement budget. <br />If COMMERCE determines, in its sole discretion, that the Agreement funding is underutilized, <br />COMMERCE, in its sole discretion, may unilaterally modify the Agreement to reduce the balance of <br />the Agreement budget. Funds de-obligated by COMMERCE as a result of a budget reduction may be <br />made available to other Grantees for the provision of eligible program activities. <br />5. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also <br />referred to as the “ADA” 28 C.F.R. Part 35 <br />The Grantee 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 telecommunications. <br />6. APPLICABILITY OF PART 200 UNIFORM REQUIREMENTS AND DOJ GRANTS <br />FINANCIAL GUIDE <br />The Grantee agrees to comply with the Uniform Administrative Requirements, Cost Principles, and <br />Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by the Department of Justice <br />(DOJ) in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements"), and the current edition <br />of the DOJ Grants Financial Guide as posted on the OVW website, including any updated version <br />that may be posted during the period of performance. The current edition of the DOJ Grants Financial <br />Guide can be found at: https://www.ojp.gov/doj-financial-guide-2024. <br />The Grantee also agrees that all financial records pertinent to this award, including the general <br />accounting ledger and all supporting documents, are subject to agency review throughout the life of <br />the award, during the close-out process, and for six (6) years after the Agreement end date or as long <br />as the records are retained, whichever is longer, pursuant to 2 C.F.R. 200.334, 200.337. <br />7. AUDIT <br />If the Grantee expends $1,000,000 or more in federal awards as a Subrecipient from any and all <br />sources in any fiscal year, the Grantee shall procure and pay for a single audit or a program-specific <br />audit for that fiscal year in accordance with 2 CFR 200 Subpart F. In accordance with 200.501(h), for <br />profit Subrecipients expending $1,000,000 or more in federal awards are also required to procure and <br />pay for a single audit or program-specific audit for that fiscal year. <br />Upon completion of each audit Grantee shall send all audit documentation to the Federal Audit <br />Clearinghouse. <br />If the Grantee expends less than $1,000,000 in federal awards as a Subrecipient from any and all <br />sources in any fiscal year the Grantee shall notify COMMERCE they did not meet the single audit <br />requirement within 30 calendar days of the end of that fiscal year. <br />8. BILLING PROCEDURES AND PAYMENT <br />COMMERCE will pay Grantee upon acceptance of services or program activities provided and receipt <br />of properly completed invoices which shall be submitted to the Representative for COMMERCE, not <br />more often than monthly nor less than quarterly. <br />Invoices shall be submitted to Jorey Stine, Program Manager, electronically by email to <br />jorey.stine@commerce.wa.gov or via Secure Access Washington to the Commerce Contract <br />Management System (CMS). <br />If required, the attachments to the invoice request in the Commerce Contract Management System <br />shall describe and document, to COMMERCE's satisfaction, a description of the work performed, the <br />progress of the project, and fees. <br />Docusign Envelope ID: 5C9CDD1E-E998-4C83-AD66-A5E41B68E042Docusign Envelope ID: D434CA11-551F-4F5F-8A80-046DC3E43BC7