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• <br /> employees, this indemrt provision shall be valid and enforceat' 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 In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way 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, <br /> damages and costs of any nature, including but not limited to, costs of suits and attorneys' fees <br /> assessed against 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 <br /> with 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. <br /> Public Assistance Grant Agreement Page 14 of 21 City of Everett, D16-640 <br />