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A.1 <br />4.2 <br />Exhibit B <br />Wash ington State Military Department <br />GENERAL TERMS AND CONDITIONS <br />Department of Homeland Security (DHS)/ <br />Federal Emergency Management Agency (FEMA) <br />Grants <br />DEFINITIONS <br />As used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200 <br />Subpart A (which is incorporated herein by reference), except as otherwise set forth below: <br />a. "Agreement" means this Grant Agreement. <br />b. "Department" means the Washington State Military Department, as a state agency, any division, <br />section, office, unit or other entity of the Department, or any of the otficers or other officials lawfully <br />representing that Department. The Department is a recipient of a federal award directly from a <br />federal awarding agency and is the passthrough entity making a subaward to a Subrecipient <br />under this Agreement. <br />c. "Subrecipient" when capitalized is primarily used throughout this Agreement in reference to the <br />non-federal entity identified on the Face Sheet of this Agreement that has received a subaward <br />from the Department. However, the definition of "Subrecipient" is the same as in 2 CFR 200.93 <br />for all other purposes. <br />d. "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 and <br />policies. <br />e. "lnvestment" means the grant application submitted by the Subrecipient describing the project(s) <br />for which federal funding is sought and provided under this this Agreement. Such grant <br />application is hereby incorporated into this Agreement by reference. <br />ADVANCE PAYM ENTS PROHI BITED <br />The Department shall make no payments in advance or in anticipation of goods or services to be provided <br />under this Agreement. Subrecipient shall not invoice the Department in advance of delivery and invoicing <br />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 this <br />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 Department <br />and the Subrecipient. No other understandings or agreements, written or oral, shall be binding on the <br />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 to <br />individuals with disabilities in the areas of employment, public accommodations, state and local <br />government services, and telecommunication. <br />A.5 ASSURANCES <br />The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance <br />with all the applicable current federal, state and local laws, rules and regulations. <br />A.6 CERTIFICATIONREGARDING DEBARMENT.SUSPENSION.ORINELIGIBILITY <br />As federal funds are a basis for this Agreement, the Subrecipient certifies that the Subrecipient is not <br />presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from <br />participating in this Agreement by any federal department or agency. <br />The Subrecipient shall complete, sign, and return a Certification Regarding Debarment, Suspension, <br />lneligibility, and Voluntary Exclusion form located at http.//mil.wa.qov/emerqencv-manaqement- <br />division/grants/requiredorantforms. Any such form completed by the Subrecipient for this Agreement <br />shall be incorporated into this Agreement by reference. <br />DHS-FEMA-HSGP-SHSP-FFY19 Page 10 of 39 Kittitas County Sheriffs Office, E20-087