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44 CFR 206.9 Non-liability. The Federal government shall not be liable for any claim based upon the
<br />exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the
<br />part of a federal agency or an employee of the Federal government in carrying out the provisions of the
<br />Stafford Act.
<br />A.14 LI MfTATION OF AUTHORITY-AUTHOR IZED SIGNATUR E
<br />The signatories to this· Agreement represent that they hqv~ the auth C>rity to bind their re spective
<br />organ izatio ns to this A greement. Only the Department's Autho rized Sig natu re representative and t he
<br />Autho rized Signature representative of the Subtecl pient or Alternate for the Sub recipient, formally
<br />designated in writing, shall have the express , implie·d , or apparent authority to alter, amend. modify, or
<br />waive any clause or condition of this Agreement. Any alteration, amendment, modification , or waiver of
<br />any clause or 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 shall have
<br />signature authority to sign reimbursement requests, time extension requests, amendment and
<br />modification requests, requests for changes to projects or work plans, and other requests , certifications
<br />and documents authorized by or required under this Agreement.
<br />A.15 LOSS OR REDUCTION OF FUN DING
<br />In the event funding from state , federal, or other sources is w ithdrawn , reduced , or limited in any way
<br />after the effective date of this Agreement and prior to normal completion or end date, the Department
<br />may unilaterally re duce the scop e of work and budget or unilaterally· terminate all or part of the Agreement
<br />as a "Termination for C ause'' without providing the Subrecip ient an opportunity to cure. Alternatively, the
<br />parties may renegotiate the terms of this Agree ment under "Amendments and Modifications" to comply
<br />with new funding limitations and cond itions, alth ough the Department has no obligation to do so .
<br />A.16 NONASSlGNABILITY
<br />Neither this Agreement , nor any claim arising under th is Agreement, shall be transferred or assigned by
<br />the Subrecipient.
<br />A.17 NONDISCRIMI NATION
<br />The Subrecipient shall comply with all applicable federal and state non-discrimination laws , regula tion s,
<br />and policies. No person shall, on th e grounds of agE ~, race, creed, color, sex, sexual orientation, re ligio n,
<br />natlona l origin, marital status , hon orably discharged veteran or military status , or disability (physical ,
<br />mental, or sensory) be denied the benefits of, or otherwise be subjected to discrimination under any
<br />project, program, or activity, funded, in whole or in part, under this Agreement.
<br />A.18 NOTICES
<br />The Subre cipient shall comply with all public notices or notices to individuals required by applicable local,
<br />state and federal laws and regu lations and shall maintain a record of this compliance .
<br />A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASH IN GTON INDUSTRIAL SAFETY/ HEALTH ACT
<br />(QSHMVISHA}
<br />The Suorecipfent represents and wa rrants that its work p.lace does now or will meet all applicable federal
<br />and state safety a nd health regulatio ns that are in effect during the Subrecip ient's performance under this
<br />Agreement. To th·e extent allowed by law, the Subrecipient further agrees to indemnify and ho ld hannless
<br />the Department and its employees and agents fro m all liability , dama ges and costs of any na ture,
<br />including , but not limited to , costs of suits and attorneys' fees assessed aga inst the Department, as a
<br />result of the fail.ure. of the Subrecipient to so comply.
<br />A.20 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
<br />The Deparanent makes no claim to any capital faciU ti es or re'al property improved or constructed with
<br />funds under .this Agreement, and by this subawa rd of f unds does not and will not a cquire any. ownershi p
<br />interest or title to such property of the Subrecipie nt. The Subreoipient shall a ssu me all llabilities and
<br />responsibilities a rising from the ownership and operation of the p roject and ag rees to ind~mn ify and hold
<br />the Department, tt;ie state of W ashingt9n and the United States govern ment harml es s from any and all
<br />cause.s of actio n arising from th e ownership and ope ration of the project.
<br />DHS-FEMA-HSGP-SHSP-FFY17 Page 15 of 35 Kittitas County , E18-180
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