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Mitigation Project Grant Agreement Page 16 of 29 City of Everett, D22-024 Revised
<br />Form 4/17/2020
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<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 representative and the
<br />Authorized Signature representative of the SUBRECIPIENT or Alternate for the SUBRECIPIENT,
<br />formally designated in writing, shall have the express, implied, or apparent authority to alter, amend,
<br />modify, or waive any clause or condition of this Agreement. Any alteration, amendment, modification, or
<br />waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and
<br />signed by both parties Authorized Signature representatives. Further, only the Authorized Signature
<br />representative or Alternate for the SUBRECIPIENT shall have signature authority to sign reimbursement
<br />requests, time extension requests, amendment and modification requests, requests for changes to
<br />projects or work plans, and other requests, certifications and documents authorized by or required under
<br />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 In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way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 DEPARTMENT
<br />may unilaterally reduce the scope of work and budget or unilaterally terminate all or part of the Agreement
<br />as a “Termination for Cause” without providing the SUBRECIPIENT an opportunity to cure. Alternatively,
<br />the parties may renegotiate the terms of this Agreement under “Amendments and Modifications” to
<br />comply with new funding limitations and conditions, although the DEPARTMENT has no obligation to do
<br />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/ HEALTH ACT
<br />(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 to
<br />indemnify and hold harmless the DEPARTMENT and its employees and agents from all liability, damages
<br />and costs of any nature, including but not limited to, costs of suits and attorneys' fees assessed against
<br />the DEPARTMENT, as a result of the failure of the SUBRECIPIENT to so comply.
<br />A.23 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
<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 grant 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
<br />arising from the ownership and operation of the project and agrees to hold the DEPARTMENT, the state
<br />of Washington, and the United States government harmless from any and all causes of action arising
<br />from the ownership and operation of the project.
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