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<br />Agreement 2020-2023 Shelter in Place SR <br />Page 03 <br />It is understood that this agreement is funded in whole or in part with funds through the <br />Washington State Department of COMMERCE Shelter Program as administered by COMMERCE <br />and is subject to those regulations and restrictions normally associated the funded programs and <br />any other requirements that the state may prescribe. <br /> <br />5. PERFORMANCE MONITORING <br /> <br />The Local Government will monitor the performance of the Subrecipient by tracking project <br />progress, reviewing payment requests for applicable costs, managing the timely pass-through of <br />funds, overseeing compliance with requirements, and ensuring recordkeeping and audit <br />requirements are met. Substandard performance as determined by the Local Government will <br />constitute noncompliance with this Agreement. <br /> <br />If action to correct such substandard performance is not taken by the Subrecipient within a <br />reasonable period of time after being notified by the Local Government, contract suspension or <br />termination procedures will be initiated. <br /> <br />6. REPORTING <br /> <br />The Subrecipient, at such times and in such forms as the Local Government may require, will <br />furnish the Local Government such periodic reports as it may request pertaining to the work or <br />services undertaken pursuant to this agreement, the costs and obligations incurred or to be incurred <br />in connection therewith, and any other matters covered by this agreement. <br /> <br />7. SPECIAL CONDITIONS <br /> <br />A. Historical or Cultural Artifacts <br />Prior to approval and disbursement of any funds awarded under this Contract, Contractor <br />shall complete the requirements of Governor’s Executive Order 05-05, where applicable, or <br />Contractor shall complete a review under Section 106 of the National Historic Preservation Act, <br />if applicable. Contractor agrees that the Contractor is legally and financially responsible for <br />compliance with all laws, regulations, and agreements related to the preservation of historical <br />or cultural resources and agrees to hold harmless COMMERCE and the state of Washington in <br />relation to any claim related to such historical or cultural resources s discovered, disturbed, or <br />damaged as a result of the project funded by this Contract. <br /> <br />In addition to the requirements set forth in this Contract, Contractor shall, in accordance with <br />Governor’s Executive Order 05-05, coordinate with Commerce and the Washington State <br />Department of Archaeology and Historic Preservation (“DAHP”), including any recommended <br />consultation with any affected tribe(s), during Project design and prior to construction to <br />determine the existence of any tribal cultural resources affected by Project. Contractor agrees <br />to avoid, minimize, or mitigate impacts to the cultural resource as a continuing prerequisite to <br />receipt of funds under this Contract. <br /> <br />The Contractor agrees that, unless the Contractor is proceeding under an approved historical <br />and cultural monitoring plan or other memorandum of agreement, if historical or cultural <br />artifacts are discovered during construction, the Contractor shall immediately stop construction <br />and notify the local historical preservation officer and the state's historical preservation officer