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<br /> Snohomish County Department of Emergency Management
<br /> Attn: Homeland Security— Grants & Contracts
<br /> 3509 109th St. SW
<br /> Everett,WA 98204
<br /> In addition to sending a copy of the audit, the Contractor must include a corrective action plan for any
<br /> audit findings and a copy of the management letter if one was received.
<br /> The Contractor shall include the above audit requirements in any subcontracts.
<br /> 3. RECAPTURE PROVISIONS
<br /> In the event that the Contractor fails to expend funds under this contract in accordance with state laws
<br /> and/or the provisions of this contract, the Department reserves the right to recapture state funds in an
<br /> amount equivalent to the extent of the noncompliance.
<br /> Such right of recapture shall exist for a period not to exceed six years following contract termination or
<br /> audit resolution, whichever is later. Repayment by the Contractor of funds under this recapture
<br /> provision shall occur within 30 days of demand. In the event that the Department is required to institute
<br /> legal proceedings to enforce the recapture provision, the Department shall be entitled to its costs
<br /> thereof, including reasonable attorney's fees.
<br /> 4. EVALUATION AND MONITORING
<br /> a. The Contractor shall cooperate with and freely participate in any monitoring or evaluation
<br /> activities conducted by the Department that are pertinent to the intent of this contract.
<br /> b. The Department or the State Auditor or any of their representatives shall have full access to and
<br /> the right to examine during normal business hours and as often as the Department or the State
<br /> Auditor may deem necessary, all of the Contractor's records with respect to all matters covered
<br /> in this contract. Such representatives shall be permitted to audit, examine, and make excerpts
<br /> or transcripts from such records and to make audits of all contracts, invoices, materials,
<br /> payrolls, and records of matters covered by this contract. Such rights last for six (6) years from
<br /> the date final payment is made hereunder.
<br /> 5. SUBCONTRACTING
<br /> Neither the Contractor nor any subcontractor shall enter into subcontracts for any of the work
<br /> contemplated under this contract without obtaining prior written approval of the Department. Contractor
<br /> shall use a competitive procurement process in award of any contracts with subcontractors that are
<br /> entered into after original contract award.
<br /> 6. PUBLICITY
<br /> The Contractor agrees to submit to the Department all advertising and publicity matters relating to this
<br /> contract wherein the Department's name is mentioned or language used from which the connection of
<br /> the Department's name may, in the Department's judgment, be inferred or implied. The Contractor
<br /> agrees not to publish or use such advertising and publicity matters without the prior written consent of
<br /> the Department.
<br /> 7. NONDISCRIMINATION
<br /> During the performance of this contract, the Contractor shall comply with all federal and state
<br /> nondiscrimination statutes and regulations. These requirements include, but are not limited to:
<br /> a. Nondiscrimination in Employment: The Contractor shall not discriminate against any employee
<br /> or applicant for employment because of race, color, sex, religion, national origin, creed, marital
<br /> status, age, Vietnam era or disabled veterans status, or the presence of any sensory, mental, or
<br /> physical handicap. Such action shall include, but not be limited to, the following: Employment,
<br /> upgrading, demotion, or transfer, recruitment or recruitment selection for training, including
<br /> apprenticeships and volunteers. This requirement does not apply, however, to a religious
<br /> corporation, association, educational institution or society with respect to the employment of
<br /> individuals of a particular religion to perform work connected with the carrying on by such
<br /> corporation, association, educational institution or society of its activities.
<br /> 8. 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 35. The Contractor
<br /> must comply with the ADA, which provides comprehensive civil rights protection to individuals with
<br /> disabilities in the areas of employment, public accommodations, state and local government services,
<br /> and telecommunication.
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<br /> E06-022 FFY 05 SHSP Page 5 of 14 Reg 1 Sno. Co DEM—City of Everett
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