|
14
<br /> with
<br /> Further, the Contractor agrees not to enter
<br /> into
<br /> Administration ents Li tor of Partiescontracts
<br /> related Excluded fromto this rFederal
<br /> any party that is on the "General Service
<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 assn
<br /> organizations to this contract. Only the assigned Authorized Signature for each party, or
<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 Contractort
<br /> and/or employees or agents performing under this contract make any claim, demand, or application
<br /> 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 /> e university,
<br /> ate
<br /> It is understood that if the Contractor is anotherddepartment,
<br /> commiss on,that the officers atnd employeestare
<br /> college, state community college, state board, or state
<br /> employed by the state of Washington in their own right. the Department
<br /> If the Contractor is an individual currently employed by a Washington State agency,
<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 /> 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
<br /> °tandingact horl be agreementsid notss e incorporated orporat d here ne in writing and g unlened ss
<br /> y
<br /> the parties hereto, and that any oral
<br /> made in writing and signed by the parties hereto, shall not be binding.
<br /> 18. SEVERABILITY of any document incorporated by
<br /> In the event any term or condition of this contract, any provision
<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 /> Page 10 of 21 City of Everett Emergency Management
<br /> DHS FEMA EMPG FFY 10 E10-249
<br /> 89
<br />
|