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A.13 DISPUTES
<br /> Except as otherwise provided in this Agreement, when a bona fide dispute arises between the parties
<br /> and it cannot be resolved through discussion and negotiation, either party may request a dispute
<br /> resolution panel to resolve the dispute. A request for a dispute resolution board shall be in writing, state
<br /> the disputed issues, state the relative positions of the parties, and be sent to all parties. The panel shall
<br /> consist of a representative appointed by the DEPARTMENT, a representative appointed by the
<br /> Contractor and a third party mutually agreed upon by both parties. The panel shall, by majority vote,
<br /> resolve the dispute. Each party shall bear the cost for its panel member and its attorney fees and costs,
<br /> and share equally the cost of the third panel member.
<br /> A.14 DUPLICATION OF BENEFITS
<br /> The SUBRECIPIENT agrees that the funds for which federal or state assistance is requested does not,
<br /> or will not, duplicate benefits or funds received for the same loss from any other source. The
<br /> SUBRECIPIENT will pursue, and require sub-recipients to pursue, full payment of eligible insurance
<br /> benefits for properties or any other losses covered in a project under this Agreement. The
<br /> SUBRECIPIENT will repay the DEPARTMENT any funds provided under this grant agreement that are
<br /> duplicated by other benefits, funds, or insurance proceeds. The SUBRECIPIENT will also seek recovery
<br /> against any party or parties whose negligence or other intentional or tortious conduct may have caused
<br /> or contributed to the expenditures for which these grants funds are provided. The SUBRECIPIENT will
<br /> repay the DEPARTMENT any funds recovered by settlement, judgment or other court order in an action
<br /> to recover funds provided by this grant. The SUBRECIPIENT shall notify the DEPARTMENT as early as
<br /> possible and work cooperatively in conjunction with the DEPARTMENT and FEMA to ensure appropriate
<br /> apportionment of any duplicated or recovered payment.
<br /> A.15 HAZARDOUS SUBSTANCES
<br /> The SUBRECIPIENT shall inspect and investigate the proposed development/construction site
<br /> for the presence of hazardous substances. The SUBRECIPIENT shall fully disclose to the
<br /> DEPARTMENT the results of its inspection and investigation and all other knowledge the
<br /> SUBRECIPIENT has as to the presence of any hazardous substances at the proposed
<br /> development/construction project site. The SUBRECIPIENT will be responsible for any
<br /> associated clean-up costs. "Hazardous Substance" is defined in RCW 70.105D.020 (10).
<br /> A.16 LEGAL RELATIONS
<br /> It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement
<br /> and gives no right to any other party. No joint venture or partnership is formed as a result of this
<br /> Agreement.
<br /> To the extent allowed by law, the SUBRECIPIENT, its successors or assigns, will protect, save and hold
<br /> harmless the DEPARTMENT, the State of Washington, and the United States Government and their
<br /> authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature
<br /> whatsoever by reason of the acts or omissions of the SUBRECIPIENT, its sub-contractors, assigns,
<br /> agents, contractors, consultants, licensees, invitees, employees or any person whomsoever arising out
<br /> of or in connection with any acts or activities authorized by this Agreement.
<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 of
<br /> 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 /> Mitigation Project Grant Agreement Page 15 of 29 City of Everett, D22-024 Revised
<br /> Form 4/17/2020
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