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• <br /> 1 <br /> Further, the Contractor agrees not to enter into any arrangements or contracts related to this grant with <br /> any party that is on the "General Service Administration List of Parties Excluded from Federal <br /> Procurement or Non-procurement Programs" which can be found at www.epls.qov. <br /> 13. LIMITATION OF AUTHORITY -- "Authorized Signature" <br /> The signatories to this contract represent that they have the authority to bind their respective <br /> organizations to this contract. Only the assigned Authorized Signature for each party, or the assigned <br /> delegate by writing prior to action, shall have the express, implied, or apparent authority to alter, <br /> amend, modify, or waive any clause or condition of this contract. Furthermore, any alteration, <br /> amendment, modification, or waiver of any clause or condition of this contract is not effective or binding <br /> unless made in writing and signed by the Authorized Signature(s). <br /> 14. CONTRACTOR NOT EMPLOYEE— INDEPENDENT STATUS OF CONTRACTOR <br /> The parties intend that an independent contractor relationship will be created by this contract. The <br /> Contractor and/or employees or agents performing under this contract are not employees or agents of <br /> the Department in any manner whatsoever, and will not be presented as nor claim to be officers or <br /> employees of the Department or of the State of Washington by reason hereof, nor will the Contractor <br /> and/or employees or agents performing under this contract make any claim, demand, or application to <br /> or for any right, privilege or benefit applicable to an officer or employee of the Department or of the <br /> State of Washington, including, but not limited to, Worker's Compensation coverage, unemployment <br /> insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit <br /> which would accrue to a civil service employee under Chapter 41.06 RCW. <br /> It is understood that if the Contractor is another state department, state agency, state university, state <br /> college, state community college, state board, or state commission, that the officers and employees are <br /> employed by the state of Washington in their own right. <br /> If the Contractor is an individual currently employed by a Washington State agency, the Department <br /> shall obtain proper approval from the employing agency or institution. A statement of "no conflict of <br /> interest" shall be submitted to the Department. <br /> 15. NONASSIGNABILITY <br /> This contract, the work to be provided under this contract, and any claim arising thereunder, are not <br /> assignable or delegable by either party in whole or in part, without the express prior written consent <br /> the other party, which consent shall not be unreasonably withheld. <br /> 16. SUBCONTRACTING <br /> Neither the Contractor nor any subcontractor shall enter into subcontracts for any of the work <br /> contemplated under this contract without obtaining prior written approval of the Department. Contractor <br /> shall use a competitive process in award of any contracts with subcontractors that are entered into after <br /> original contract award. All subcontracts entered into pursuant to this contract shall incorporate this <br /> contract in full by reference. In'no event shall the existence of the subcontract operate to release or <br /> reduce the liability of the Contractor to the Department for any breach in the performance of the <br /> Contractor's duties. The Military Department may request a copy of any and/or all subcontracts for <br /> work being completed under this contract. <br /> 17. CONTRACT MODIFICATIONS <br /> The Department and the Contractor may, from time to time, request changes to the contract or grant. <br /> Any such changes that are mutually agreed upon by the Department and the Contractor shall be <br /> incorporated herein by written amendment to this contract. It is mutually agreed and understood that <br /> no alteration or variation of the terms of this contract shall be valid unless made in writing and signed by <br /> the parties hereto, and that any oral understanding or agreements not incorporated herein, unless <br /> made in writing and signed by the parties hereto, shall not be binding. <br /> 18. SEVERABILITY <br /> In the event any term or condition of this contract, any provision of any document incorporated by <br /> reference, or application of this contract to any person or circumstances is held invalid, such invalidity <br /> shall not affect other terms, conditions, or applications of this contract which can be given effect without <br /> the invalid term, condition, or application. To this end, the terms and conditions of this contract are <br /> declared severable.106 <br /> DHS-EMPG-FFY 08 Page 9 of 24 City of Everett Emergency Management <br /> r-no en-7 <br />