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<br /> Prior to the start of any construction activity, the APPLICANT shall ensure that all applicable Federal, •
<br /> State, and local permits and clearances are obtained, including FEMA compliance with the National
<br /> Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, and all
<br /> other environmental laws and executive orders.
<br /> The APPLICANT shall defend, at its own cost, any and all claims or suits at law or in equity, which may
<br /> be brought against the APPLICANT in connection with the project. The APPLICANT shall not look to
<br /> the DEPARTMENT, or to any state or federal agency, or to any of their employees or agents, for any
<br /> performance, assistance, or any payment or indemnity, including but not limited to cost of defense
<br /> and/or attorneys' fees, in connection with any claim or lawsuit brought by any third party related to any
<br /> design, development, construction, implementation, operation and/or maintenance of a project.
<br /> Pursuant to Sections 403 and 407 of the Stafford Act, 42 U.S.C. §§ 5170b & 5173, and to the extent
<br /> allowed by law, if debris removal is authorized, the APPLICANT agrees to indemnify and hold harmless
<br /> the state of Washington and the United States of America for any claims arising from the removal of
<br /> debris or wreckage for this disaster. The APPLICANT agrees that debris removal from public and
<br /> private property will not occur until the landowner grants the APPLICANT the right to enter and signs an
<br /> unconditional authorization for the removal of the debris.
<br /> A.23 HAZARDOUS SUBSTANCES
<br /> The APPLICANT shall inspect and investigate the proposed development/construction site for the
<br /> presence of hazardous substances. The APPLICANT shall fully disclose to the DEPARTMENT the
<br /> results of its inspection and investigation and all other knowledge the APPLICANT has as to the
<br /> presence of any hazardous substances at the proposed development/construction project site. The
<br /> APPLICANT will be responsible for any associated clean-up costs as a result of the inspections.
<br /> "Hazardous Substances" are defined in RCW 70.105D.020 (10).
<br /> A.24 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/HEALTH ACT
<br /> (OSHA/WISHA)
<br /> The APPLICANT 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 APPLICANT's performance
<br /> under this Grant Agreement.
<br /> To the extent allowed by law, the APPLICANT further agrees to indemnify and hold harmless the
<br /> DEPARTMENT and its employees and agents from all liability, damages and costs of any nature,
<br /> including but not limited to, costs of suits and attorneys' fees assessed against the DEPARTMENT, as
<br /> a result of the failure of the APPLICANT to so comply.
<br /> A.25 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY
<br /> If federal funds are the basis for this Grant Agreement, the APPLICANT certifies that the APPLICANT is
<br /> not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
<br /> from participating in this Grant Agreement by any federal department or agency. If requested by the
<br /> DEPARTMENT, the APPLICANT shall complete and sign a Certification Regarding Debarment,
<br /> Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed by the APPLICANT
<br /> for this Grant Agreement shall be incorporated into this Grant Agreement by reference.
<br /> Further, the APPLICANT agrees not to enter into any arrangements or contracts related to this grant
<br /> with any party that is on the "General Service Administration List of Parties Excluded from Federal
<br /> Procurement or Non-procurement Programs."
<br /> A.26 SINGLE AUDIT ACT REQUIREMENTS (INCLUDING ALL AMENDMENTS)
<br /> Non-federal APPLICANTS expending financial assistance of$500,000 or more in federal funds from all
<br /> sources, direct and indirect, are required to have a single or a program-specific audit conducted in
<br /> accordance with the Office of Management and Budget (OMB) Circular A-133-Audits of States, Local
<br /> Governments, and Non-Profit Organizations (revised June 27, 2003, effective for fiscal years ending
<br /> after December 31, 2003). Non-federal APPLICANTS that spend less than $500,000 a year in federal
<br /> awards are exempt from federal audit requirements for that year, except as noted in Circular No. A-133.
<br /> Circular A-133 is available at: http://www.whitehouse.gov/omb/circulars/index.html.
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<br /> Public Assistance Grant Agreement-2/09 Page 9 of 15 City of Everett
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