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Attachment 2 <br /> Washington State Military Department <br /> GENERAL TERMS AND CONDITIONS <br /> Mitigation Grants <br /> A.1 DEFINITIONS <br /> As used throughout this Agreement, the following terms will have the meaning as defined in 2 CFR 200 <br /> Subpart A (which is incorporated herein by reference), except as otherwise set forth below: <br /> a. "DEPARTMENT' means 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. DEPARTMENT is a recipient of a federal award <br /> directly from a federal awarding agency and is pass-through entity making a subaward to a <br /> subrecipient under this Agreement. <br /> b. "SUBRECIPIENT" when capitalized is primarily used throughout this Agreement in reference to <br /> the non-federal entity identified on the Face Sheet of this Agreement that has received a <br /> subaward from the DEPARTMENT. However, the definition of"subrecipient" is the same as in 2 <br /> CFR 200.93 for all other purposes. " <br /> c. "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, <br /> and policies. <br /> d. "Project" shall mean those activities as described in the FEMA approved project application <br /> WA-2015-005, which are incorporated in and made a part of this Agreement which is <br /> incorporated in and attached hereto as Attachment 7, and as also described in Attachments 3, <br /> 4, and 5. <br /> g. "PL"— is defined and used herein to mean the Public Law. <br /> h. "CFR"—is defined and used herein to mean the Code of Federal Regulations. <br /> "OMB"—is defined and used herein to mean the Office of Management and Budget. <br /> j. "WAC"— is defined and used herein to mean the Washington Administrative Code. <br /> k. "RCW"— is defined and used herein to mean the Revised Code of Washington. <br /> A.2 ADVANCE PAYMENTS PROHIBITED <br /> The DEPARTMENT shall make no payments in advance or in anticipation of goods or services to be <br /> provided under this Agreement. The SUBRECIPIENT shall not invoice the DEPARTMENT in advance <br /> of delivery and invoicing 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 <br /> this 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 <br /> DEPARTMENT and the SUBRECIPIENT. No other understandings or agreements, written or oral, <br /> shall be binding on the parties. <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 <br /> to individuals with disabilities in the areas of employment, public accommodations, state and local <br /> government services, and telecommunication. <br /> A.6 APPLICATION REPRESENTATION-MISREPRESENTATION, INACCURACY AND BREACH <br /> The DEPARTMENT relies upon the SUBRECIPIENT's application in making its determinations as to <br /> eligibility for, selection for, and scope of funding grants. Any misrepresentation, error or inaccuracy in <br /> any part of the application may be deemed a breach of this Agreement. <br /> A.5 ASSURANCES <br /> DEPARTMENT and SUBRECIPIENT agree that all activity pursuant to this Agreement will be in <br /> accordance with all the applicable current federal, state and local laws, rules and regulations. <br /> 15PDM Page 10 of 27 City of Everett Office of Emergency Management, E17-102 <br />