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2005/06/15 Council Agenda Packet
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2005/06/15 Council Agenda Packet
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Council Agenda Packet
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6/15/2005
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A.1 <br />UK <br />A.3 <br />S Exhibit A <br />Washington State Military Department <br />GENERAL TERMS AND CONDITIONS <br />DEFINITIONS <br />As used throughout this Grant Agreement, the following terms shall have the meaning set forth below: <br />a. "Department" shall mean the Washington State Military Department, as a state agency, any <br />division, section, office, unit or other entity of the Department, or any of the officers or other <br />officials lawfully representing that Department. <br />a. "Applicant" shall mean a state agency, local government, tribal, special purpose districts, or <br />eligible private nonprofit organization submitting an application to the Governor's Authorized <br />Representative for assistance under the Hazard Mitigation Grant Program. <br />a. "Grantee" shall mean the government to which a grant is awarded and which is accountable for <br />the use of the funds provided. The Grantee is an entire legal entity even if only a particular <br />component of the entity is designated in the grant award document. For the purpose of this <br />program, the state is the Grantee. The Grantee and the Department are one in the same. <br />d. "Subgrantee" shall mean the government or other legal entity to which a subgrant is awarded <br />and which is accountable to the Grantee for the use of the funds provided. The Subgrantee and <br />Applicant are one in the same. <br />e. "Project" shall mean the action that is being funded through the Mitigation program. Project <br />could be a construction type grant, or a planning grant. <br />f. "CFR" — is defined and used herein to mean the Code of Federal Regulations. <br />g. "OMB" — is defined and used herein to mean the Office of Management and Budget. <br />h. "WAC" — is defined and used herein to mean the Washington Administrative Code. <br />i. "RCW" — is defined and used herein to mean the Revised Code of Washington. <br />RECORDS AND REPORTS <br />a. The APPLICANT agrees to maintain all books, records, documents, receipts, invoices and all <br />other electronic or written records necessary to sufficiently and properly reflect the <br />APPLICANT's contracts, contract administration, and payments, including all direct and indirect <br />charges, and expenditures in the development and implementation of the project. <br />b. The APPLICANT's records related to this Grant Agreement and the project hereunder may be <br />inspected by the DEPARTMENT or the Director, or their designees, or by designees of the <br />State Auditor or by federal officials authorized by law, for the purposes of determining <br />compliance by the APPLICANT with the terms of this Grant Agreement and to determine the <br />appropriate level of funding to be paid under the subject Grant Agreement. <br />C. The records shall be made available by the APPLICANT together with suitable space for such <br />inspection at any and all times during the APPLICANT's normal working day. <br />d. The APPLICANT shall retain all records related to this Grant Agreement and the funded project <br />for a period of at least six (6) years following completion of payment of the grant under this <br />Grant Agreement. <br />WAIVERS <br />No conditions or provisions of this Grant Agreement can be waived unless approved by the <br />DEPARTMENT in writing. The DEPARTMENT's failure to insist upon strict performance of any <br />provision of the Grant Agreement or to exercise any right based upon a breach thereof, or the <br />acceptance of any performance during such breach, shall not constitute a waiver of any right under this <br />Grant Agreement. <br />AMENDMENTS AND MODIFICATIONS <br />The APPLICANT or the DEPARTMENT may request, in writing, an amendment or modification of this <br />Grant Agreement. However, such amendment or modification shall not take effect until approved, in <br />writing, by the DEPARTMENT and the APPLICANT. Requests for extension, changes in scope of <br />work, or other circumstances must be received 90 days prior to the end of the agreement with full <br />justification provided. Any changes must be mutually agreed upon and understood that no alteration or <br />variation of the terms of this agreement shall be valid unless made in writing and signed by the parties <br />hereto, and that any oral understanding or agreements not incorporated herein shall not be binding. <br />4% <br />Mitigation Grant — Planning Page 8 of 18 City of Everett <br />E05-244 <br />
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