|
4 GENERAL TERMS AND CONDITIONS
<br /> GENERAL GRANT
<br /> FEDERAL FUNDS
<br /> 18. INDEMNIFICATION
<br /> To the fullest extent permitted by law, the Grantee shall indemnify,defend, and hold harmless the
<br /> state of Washington, COMMERCE,all other agencies of the state and all officers,agents and
<br /> employees of the state,from and against all claims or damages for injuries to persons or property or
<br /> death arising out of or incident to the Grantee's performance or failure to perform the Grant. The
<br /> Grantee's obligation to indemnify,defend, and hold harmless includes any claim by the Grantee's
<br /> agents, employees, representatives, or any Subgrantee or its agents,employees, or representatives.
<br /> The Grantee's obligation to indemnify, defend, and hold harmless shall not be eliminated by any
<br /> actual or alleged concurrent negligence of the state or its agents,agencies,employees and officers.
<br /> Subgrants shall include a comprehensive indemnification clause holding harmless the Grantee,
<br /> COMMERCE,the state of Washington,its officers, employees and authorized agents.
<br /> The Grantee waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend
<br /> and hold harmless the state and its agencies,officers,agents or employees.
<br /> 19. INDEPENDENT CAPACITY OF THE GRANTEE
<br /> The parties intend that an independent contractor relationship will be created by this Grant. The
<br /> Grantee and its employees or agents performing under this Grant are not employees or agents of the
<br /> state of Washington or COMMERCE. The Grantee will not hold itself out as or claim to be an officer
<br /> or employee of COMMERCE or of the state of Washington by reason hereof, nor will the Grantee
<br /> make any claim of right, privilege or benefit which would accrue to such officer or employee under
<br /> law. Conduct and control of the work will be solely with the Grantee.
<br /> 20. INDUSTRIAL INSURANCE COVERAGE
<br /> The Grantee shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the
<br /> Grantee fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf
<br /> of its employees as may be required by law, COMMERCE may collect from the Grantee the full
<br /> amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount
<br /> owed by the Grantee to the accident fund from the amount payable to the Grantee by COMMERCE
<br /> under this Grant, and transmit the deducted amount to the Department of Labor and Industries,(L&I)
<br /> Division of Insurance Services. This provision does not waive any of L&I's rights to collect from the
<br /> Grantee.
<br /> 21. LAWS
<br /> The Grantee shall comply with all applicable laws, ordinances, codes, regulations, and policies of
<br /> local, state, and federal governments, as now or hereafter amended, including, but not limited to:
<br /> United States Laws, Regulations and Circulars (Federal)
<br /> A. Audits
<br /> Office of Management and Budget(OMB) Revised Circular A-133"Audits of States, Local
<br /> Governments, and Non-Profit Organizations."
<br /> B. Labor and Safety Standards
<br /> Convict Labor, 18 U.S.C. 751, 752,4081,4082.
<br /> Drug-Free Workplace Act of 1988,41 USC 701 et seq.
<br /> Federal Fair Labor Standards Act, 29 U.S.C. 201 et seq.
<br /> Work Hours and Safety Act of 1962, 40 U.S.C. 327-330 and Department of Labor Regulations, 29
<br /> CFR Part 5.
<br /> Governmental -VAWA 6 2 12
<br />
|