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DHS-FEMA-EMPG-FFY 15 Page 17 of 30 Kittitas, County of, E16-157
<br />44 CFR 206.9 Non-liability. The Federal government shall not be liable for any claim
<br />based upon the exercise or performance of, or the failure to exercise or perform a
<br />discretionary function or duty on the part of a federal agency or an employee of the Federal
<br />government in carrying out the provisions of the Stafford Act.
<br />A.14 LIMITATION OF AUTHORITY – AUTHORIZED SIGNATURE
<br />The signatories to this Agreement represent that they have the authority to bind their
<br />respective organizations to this Agreement. Only the Department’s Authorized Signature
<br />representative and the Authorized Signature representative of the Subrecipient or
<br />Alternate for the Subrecipient, formally designated in writing, shall have the express,
<br />implied, or apparent authority to alter, amend, modify, or waive any clause or condition of
<br />this Agreement. Any alteration, amendment, modification, or waiver of any clause or
<br />condition of this Agreement is not effective or binding unless made in writing and signed
<br />by both parties’ Authorized Signature representatives.
<br />Further, only the Authorized Signature representative or Alternate for the Subrecipient
<br />shall have signature authority to sign reimbursement requests, time extension requests,
<br />amendment and modification requests, requests for changes to projects or work plans,
<br />and other requests, certifications and documents authorized by or required under this
<br />Agreement.
<br />A.15 LOSS OR REDUCTION OF FUNDING
<br />In the event funding from state, federal, or other sources is withdrawn, reduced, or limited
<br />in any way after the effective date of this Agreement and prior to normal completion or end
<br />date, the Department may unilaterally reduce the scope of work and budget or unilaterally
<br />terminate all or part of the Agreement as a “Termination for Cause” without providing the
<br />Subrecipient an opportunity to cure. Alternatively, the parties may renegotiate the terms
<br />of this Agreement under “Amendments and Modifications” to comply with new funding
<br />limitations and conditions, although the Department has no obligation to do so.
<br />A.16 NONASSIGNABILITY
<br />Neither this Agreement, nor any claim arising under this Agreement, shall be transferred
<br />or assigned by the Subrecipient.
<br />A.17 NONDISCRIMINATION
<br /> The Subrecipient shall comply with all applicable federal and state non-discrimination
<br />laws, regulations, and policies. No person shall, on the grounds of age, race, creed, color,
<br />sex, sexual orientation, religion, national origin, marital status, honorably discharged
<br />veteran or military status, or disability (physical, mental, or sensory) be denied the benefits
<br />of, or otherwise be subjected to discrimination under any project, program, or activity,
<br />funded, in whole or in part, under this Agreement.
<br />A.18 NOTICES
<br />The Subrecipient shall comply with all public notices or notices to individuals required by
<br />applicable local, state and federal laws and regulations and shall maintain a record of this
<br />compliance.
<br />A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/
<br />HEALTH ACT (OSHA/WISHA)
<br /> The Subrecipient represents and warrants that its work place does now or will meet all
<br />applicable federal and state safety and health regulations that are in effect during the
<br />Subrecipient's performance under this Agreement. To the extent allowed by law, the
<br />Subrecipient further agrees to indemnify and hold harmless the Department and its
<br />employees and agents from all liability, damages and costs of any nature, including but
<br />not limited to, costs of suits and attorneys' fees assessed against the Department, as a
<br />result of the failure of the Subrecipient to so comply.
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