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Public Assistance Grant Agreement Page 14 of 21 Kittitas County, D20-189
<br />To the extent allowed by law, the SUBRECIPIENT further agrees to defend the DEPARTMENT and the
<br />State of Washington and their authorized agents and employees in any litigation; including payment of
<br />any costs or attorneys' fees for any claims or action commenced thereon arising out of or in connection
<br />with acts or activities authorized by this Agreement.
<br />This obligation shall not include such claims, costs, damages or expenses which may be caused by the
<br />sole negligence of the DEPARTMENT; provided, that if the claims or damages are caused by or result
<br />from the concurrent negligence of (1) the DEPARTMENT, and (2) the SUBRECIPIENT, its agents, or
<br />employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence
<br />of the SUBRECIPIENT, or SUBRECIPIENT's agents or employees.
<br />Insofar as the funding source, the DEPARTMENT of Homeland Security (DHS)/Federal Emergency
<br />Management Agency (FEMA), is an agency of the federal government, the following shall apply:
<br />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.17 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 and the Authorized
<br />Signature of the assigned SUBRECIPIENT Agent or Alternate for the SUBRECIPIENT Agent, 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. Further, only the Authorized Signature
<br />representative or Alternate for the SUBRECIPIENT shall have authority to sign reimbursement
<br />requests, certification of project completion, time extension requests, amendment and modification
<br />requests, requests for changes to project status, and other requests, certifications and documents
<br />authorized by or required under this Agreement.
<br />A.18 LOSS OR REDUCTION OF FUNDING
<br />In 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
<br />DEPARTMENT may unilaterally reduce the scope of work and budget or unilaterally terminate or
<br />suspend 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 of this
<br />Agreement under “Amendments and Modifications” to comply with new funding limitations and
<br />conditions, although the DEPARTMENT has no obligation to do so.
<br />A.19 NONASSIGNABILITY
<br />Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by
<br />the SUBRECIPIENT.
<br />A.20 NONDISCRIMINATION
<br />The SUBRECIPIENT shall comply with all applicable federal and state non-discrimination laws,
<br />regulations, and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual
<br />orientation, religion, national origin, marital status, honorably discharged veteran or military status, or
<br />disability (physical, mental, or sensory) be denied the benefits of, or otherwise be subjected to
<br />discrimination under any project, program, or activity, funded, in whole or in part, under this Agreement.
<br />A.21 NOTICES
<br />The SUBRECIPIENT shall comply with all public notices or notices to individuals required by applicable
<br />local, state and federal laws and shall maintain a record of this compliance.
<br />A.22 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 applicable
<br />federal and state safety and health regulations that are in effect during the SUBRECIPIENT's
<br />performance under this Agreement. To the extent allowed by law, the SUBRECIPIENT further agrees
<br />to indemnify and hold harmless the DEPARTMENT and its employees and agents from all liability,
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