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<br />Insofar as the funding source, the Department of Homeland Security (DHS)/Federal
<br />Emergency Management Agency (FEMA), is an agency of the federal government, the
<br />following shall apply:
<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
<br />federal government in carrying out the provisions of the Stafford Act.
<br />A.13 LIMITATION OF AUTHORITY —Authorized Signature
<br />The signatories to this Grant Agreement represent that they have the authority to bind
<br />their respective organizations to this Grant Agreement. Only the County's Authorized
<br />Signature representative and the Authorized Signature representative of the Subgrantee
<br />or Alternate for the Subgrantee, formally designated in writing, shall have the express,
<br />implied, or apparent authority to alter, amend, modify, or waive any clause or condition
<br />of this Grant Agreement. Any alteration, amendment, modification, or waiver of any
<br />clause or condition of this Grant Agreement is not effective or binding unless made in
<br />writing and signed by both parties Authorized Signature representatives. Further, only
<br />the Authorized Signature representative or Alternate for the Subgrantee shall have
<br />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 />Grant Agreement.
<br />A.14 LOSS OR REDUCTION OF FUNDING
<br />In the event funding from state, federal, or other sources is withdrawn, reduced, or
<br />limited in any way after the effective date of this Grant Agreement and prior to normal
<br />completion or end date, the County may unilaterally reduce the scope of work and
<br />budget or unilaterally terminate all or part of the Grant Agreement as a "Termination for
<br />Cause" without providing the Subgrantee an opportunity to cure. Alternatively, the
<br />parties may renegotiate the terms of this Grant Agreement under "Amendments and
<br />Modifications" to comply with new funding limitations and conditions, although the
<br />County has no obligation to do so.
<br />A.15 NONASSIGNABILITY
<br />Neither this Grant Agreement, nor any claim arising under this Grant Agreement, shall
<br />be transferred or assigned by the Subgrantee.
<br />A.16 NONDISCRIMINATION
<br />The Subgrantee 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,
<br />color, sex, sexual orientation, religion, national origin, marital status, honorably
<br />discharged veteran or military status, or disability (physical, mental, or sensory) be
<br />denied the benefits of, or otherwise be subjected to discrimination under any project,
<br />program, or activity, funded, in whole or in part, under this Grant Agreement.
<br />A.17 NOTICES
<br />The Subgrantee shall comply with all public notices or notices to individuals required by
<br />applicable local, state and federal laws and shall maintain a record of this compliance.
<br />A.18 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/
<br />HEALTH ACT (OSHA/WISHA)
<br />The Subgrantee 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 />Subgrantee's performance under this Grant Agreement. To the extent allowed by law,
<br />the Subgrantee further agrees to indemnify and hold harmless the County, 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 County, as a result
<br />of the failure of the Subgrantee to so comply.
<br />SHSP-FFY 12
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