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<br /> Insofar as the funding source, the Federal Emergency Management Agency (FEMA), is an agency of
<br /> 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.8 ACKNOWLEDGMENTS
<br /> The APPLICANT shall include language which acknowledges the funding contribution of the
<br /> DEPARTMENT and FEMA to this project in any release or other publication developed or modified for,
<br /> or referring to, the project.
<br /> A.9 APPLICANT NOT EMPLOYEE
<br /> The APPLICANT, and/or employees or agents performing under this Grant Agreement are not
<br /> employees or agents of the DEPARTMENT in any manner whatsoever. The APPLICANT will not be
<br /> presented as nor claim to be an officer or employee of the DEPARTMENT or of the State of
<br /> Washington by reason of this Grant Agreement, nor will the APPLICANT make any claim, demand, or
<br /> application to or for any right or privilege applicable to an officer or employee of the DEPARTMENT or
<br /> of the State of Washington by reason of this Grant Agreement, including, but not limited to, Workmen's
<br /> Compensation coverage, unemployment insurance benefits, social security benefits, retirement
<br /> membership or credit, or privilege or benefit which would accrue to a civil service employee under
<br /> Chapter 41.06 RCW.
<br /> It is understood that if the APPLICANT 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 and not by reason of this Grant Agreement.
<br /> A.10 NONDISCRIMINATION
<br /> The APPLICANT shall comply with all applicable federal and state non-discrimination laws, regulations,
<br /> and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual orientation,
<br /> religion, national origin, marital status, honorably discharged veteran or military status, or disability
<br /> (physical, mental, or sensory) be denied the benefits of, or otherwise be subjected to discrimination
<br /> under any project, program, or activity, funded, in whole or in part, under this Grant Agreement.
<br /> A.11 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE)
<br /> The APPLICANT is encouraged to utilize business firms that are certified as minority-owned and/or
<br /> women-owned in carrying out the purposes of this Grant Agreement. The APPLICANT may set
<br /> utilization standards, based upon local conditions or may utilize the state of Washington MWBE goals,
<br /> as identified in WAC 326-30-041.
<br /> A.12 CONFLICT OF INTEREST
<br /> No officer or employee of the DEPARTMENT; no member, officer, or employee of the APPLICANT or
<br /> its designees or agents; no member of the governing body of the jurisdiction in which the project is
<br /> undertaken or located; and no other official of such locality or localities who exercises any functions or
<br /> responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary
<br /> gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be
<br /> performed in connection with the project assisted under this Grant Agreement. The APPLICANT shall
<br /> incorporate, or cause to incorporate, in all such contracts or subcontracts, a provision prohibiting such
<br /> interest pursuant to this provision.
<br /> A.13 VENUE
<br /> This Grant Agreement shall be construed and enforced in accordance with, and the validity and
<br /> performance hereof shall be governed by the laws of the state of Washington. Venue of any suit
<br /> between the parties arising out of this Grant Agreement shall be the Superior Court of Thurston County,
<br /> Washington. The APPLICANT, by execution of this Grant Agreement acknowledges the jurisdiction of
<br /> the courts of the State of Washington.
<br /> A.14 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 Grant Agreement, and by this grant of funds does not and will not acquire any
<br /> Public Assistance Grant Agreement-2/09 Page 7 of 15 City of Everett
<br /> nC)9-3R4
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