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2009/04/15 Council Agenda Packet
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2009/04/15 Council Agenda Packet
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Council Agenda Packet
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4/15/2009
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• <br /> A ;) <br /> l,s <br /> Exhibit A <br /> Washington State Military Department <br /> GENERAL TERMS AND CONDITIONS <br /> Assistance Grants <br /> A.1 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 officials <br /> lawfully representing that Department. <br /> b. "Applicant" shall mean a state agency, local government, tribal government, special purpose <br /> district, or an eligible private nonprofit organization submitting an application to the Governor's <br /> Authorized Representative for disaster recovery assistance. <br /> c. "Applicant Agent" shall mean the official representative and alternate designated or appointed by <br /> the Applicant and authorized to make decisions on behalf of the Applicant. <br /> d. "Grantee" shall mean the government to which a grant is awarded and which is accountable for the <br /> use of the funds provided. The Grantee is an entire legal entity even if only a particular component <br /> of the entity is designated in the grant award document. For the purpose of this Grant Agreement, <br /> the state is the Grantee. The Grantee and the DEPARTMENT are one and the same. <br /> e. "Monitoring Activities" shall mean all administrative, construction, financial, or other review <br /> activities that are conducted to ensure compliance with all state and federal rules, authorities or <br /> policies. <br /> d. "Subgrantee" shall mean the government or other eligible legal entity to which a subgrant is <br /> awarded and which is accountable to the Grantee for the use of the funds provided. The <br /> Subgrantee and Applicant are one and the same. <br /> e. "Project" shall mean those actions funded through the Public Assistance Program and described <br /> in approved Project Worksheets. Projects may include one or more of the following: reimbursement <br /> of costs for emergency response, debris removal and/or repair or restoration of damaged public <br /> facilities. A project may be a small, large, improved, or alternate project. <br /> f. "PL" — is defined and used herein to mean the Public Law. <br /> g. "CFR"— is defined and used herein to mean the Code of Federal Regulations. <br /> h. "OMB"—is defined and used herein to mean the Office of Management and Budget. <br /> i. "WAC"—is defined and used herein to mean the Washington Administrative Code. <br /> j. "RCW"— is defined and used herein to mean the Revised Code of Washington. <br /> A.2 RECORDS AND REPORTS <br /> a. The APPLICANT agrees to maintain all books, records, documents, receipts, invoices and all other <br /> electronic or written records necessary to sufficiently and properly reflect the APPLICANT's <br /> contracts, contract administration, and payments, including all direct and indirect charges, and <br /> expenditures in the performance of this Grant Agreement. <br /> b. The APPLICANT's records related to this Grant Agreement and the projects funded hereunder may <br /> be inspected by the DEPARTMENT or the Director, or their designees, by designees of the Office <br /> of the State Auditor, the Federal Emergency Management Agency or their designees, or the <br /> Comptroller General of the United States or their designees or by other federal officials authorized <br /> by law, for the purposes of determining compliance by the APPLICANT with the terms of this Grant <br /> Agreement and to determine the appropriate level of funding to be paid under the subject Grant <br /> 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 and allow access related to this Grant Agreement and the <br /> funded project(s) for a period of at least six (6) years following final payment and closure of the <br /> grant under this Grant Agreement. <br /> A.3 WAIVERS 3 LI <br /> No conditions or provisions of this Grant Agreement can be waived unless approved in advance 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 /> Public Assistance Grant Agreement-2/09 Page 5 of 15 City of Everett <br />
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