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4.14
<br />44 CFR 206.9 Non-liabilitv. 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 />LIMITATION OF AUTHORITY - AUTHORIZED SIGNATURE
<br />The signatories to this Agreement represent that they have the authority to bind their respective
<br />organizations to this Agreement. Only the Department's Authorized Signature representative and the
<br />Authorized Signature representative of the Subrecipient or Alternate for the Subrecipient, formally
<br />designated in writing, shall have the express, implied, 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 />LOSS OR REDUCTION OF FUNDING
<br />ln the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way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 reduce the work plan and budget or unilaterally terminate all or part of the Agreement as
<br />a "Termination for Cause" without providing the Subrecipient an opportunity to cure. Alternatively, the
<br />parties may renegotiate the terms of this Agreement under "Amendments and Modifications" to comply
<br />with new funding limitations and conditions, although the Department has no obligation to do so.
<br />NONASSIGNABILITY
<br />Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by
<br />the Subrecipient.
<br />NONDISCRIMINATION
<br />The Subrecipient shall comply with all applicable federal and state non-discrimination laws, regulations,
<br />and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual orientation, religion,
<br />national origin, marital status, honorably 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 />NOTICES
<br />The Subrecipient shall comply with all public notices or notices to individuals required by applicable local,
<br />state and federal laws and regulations and shall maintain a record of this compliance.
<br />OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/HEALTH ACT
<br />(OSHA^//ISHA)
<br />The Subrecipient represents and warrants that its workplace does now or will meet all applicable federal
<br />and state safety and health regulations that are in effect during the Subrecipient's performance under this
<br />Agreement. To the extent allowed by law, the Subrecipient further agrees to indemnifiT and hold harmless
<br />the Department and its employees and agents from all liability, damages and costs of any nature,
<br />including, but 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.
<br />OWNERSHI P OF PROJECT/CAPITAL FACI LITI ES
<br />The Department makes no claim to any capital facilities or real property improved or constructed with
<br />funds under this Agreement, and by this subaward of funds does not and will not acquire any ownership
<br />interest or title to such property of the Subrecipient. The Subrecipient shall assume all liabilities and
<br />responsibilities arising from the ownership and operation of the project and agrees to indemnify and hold
<br />the Department, the state of Washington, and the United States government harmless from any and all
<br />causes of action arising from the ownership and operation of the project.
<br />A.15
<br />A.16
<br />4.17
<br />A.'t8
<br />A.19
<br />4.20
<br />DHS-FEMA-HSGP-SHSP-FFY1 9 Page 15 of 39 Kittitas County Sheriffs Office, E20-087
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