|
13
<br />14.
<br />10
<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.gov.
<br />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 />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, pri�iiege 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 of
<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 />ay, from time to time, request changes to the contract or grant.
<br />The Department and the Contractor m
<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.
<br />DHS-FEMA-EMPG-FFY 10 Page 10 of 21 City of Everett Emergency Management
<br />75
<br />E10-249
<br />
|