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14 <br /> SUB-GRANTEE shall incorporate, or cause to incorporate, in all such contracts or <br /> subcontracts, a provision prohibiting such interest pursuant to this provision. <br /> A.9 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES <br /> The SUB-GRANTEE and all its contractors shall comply with, and the DEPARTMENT is <br /> not responsible for determining compliance with, any and all applicable federal, state, <br /> and local laws, regulations, executive orders, OMB Circulars, and/or policies. This <br /> obligation includes, but is not limited to: nondiscrimination laws and/or policies, Energy <br /> Policy and Conservation Act (PL 94-163, as amended), the.Americans with Disabilities <br /> Act (ADA), the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL <br /> 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against <br /> Contingent Fees (48 CFR Section 52.203-5), Public Records Act (RCW 42.56), <br /> Prevailing Wages on Public Works (RCW 39.12), State Environmental.Policy Act (RCW <br /> 43.21 C), Shoreline Management Act of 1971 (RCW 90.58), State Building Code (RCW <br /> 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings for <br /> Aged and Handicapped Persons (RCW 70.92), and safety and health regulations. <br /> In the event of the SUB-GRANTEE's or its contractor's noncompliance or refusal to <br /> comply with any applicable law, regulation, executive order, OMB Circular or policy, the <br /> DEPARTMENT may rescind, cancel, or terminate the Grant Agreement in whole or in <br /> part in its sole discretion. The SUB-GRANTEE is responsible for all costs or liability <br /> arising from its failure to comply with applicable law, regulation, executive order, OMB <br /> Circular or policy. <br /> A.10 DISCLOSURE <br /> The use or disclosure by any party of any information concerning the DEPARTMENT for <br /> any purpose not directly connected with the administration of the DEPARTMENT's or the <br /> SUB-GRANTEE's responsibilities with respect to services provided under this Grant <br /> Agreement is prohibited except 'by prior written consent of the. DEPARTMENT. <br /> However, the parties acknowledge that the DEPARTMENT, and state and local <br /> agencies as defined in RCW 42.56.010, are subject to RCW 42.56, the state Public <br /> Records Act. <br /> A.11 DISPUTES <br /> The DEPARTMENT and SUB-GRANTEE shall make every effort to resolve disputes <br /> arising out of or relating to this Grant Agreement through discussion and negotiation. <br /> Should discussion and negotiation fail to resolve a dispute arising under this Agreement, <br /> the parties shall select a dispute resolution team to resolve the•dispute. The team shall <br /> consist of a representative appointed by each party and a third representative mutually <br /> agreed upon by both parties. The team'shall attempt, by majority vote, to resolve the <br /> dispute. <br /> Both parties agree that this dispute resolution process shall precede any action in a <br /> judicial or quasi-judicial tribunal. Nothing in this section shall preclude the parties from <br /> mutually agreeing to a different dispute resolution method in lieu of the procedure <br /> outlined above. <br /> A.12 LEGAL RELATIONS <br /> It is understood and agreed that this Grant Agreement is solely for the benefit of the <br /> parties to.the Grant Agreement and gives no right to any other party. No joint venture or <br /> partnership is formed as a result of this Grant Agreement. <br /> To the extent allowed by law, the SUB-GRANTEE, its successors or assigns, will <br /> protect, save and hold harmless the DEPARTMENT, the State of Washington, and the <br /> United States Government and their authorized agents and employees, from all claims, <br /> actions, costs, damages or expenses of any nature whatsoever by reason of the acts or <br /> omissions of the SUB-GRANTEE, its sub-contractors, assigns, agents, contractors, <br /> DHS-FEMA-EMPG-FFY 11 Page 11 of 24 Everett Emergency Management <br /> 9 2 E12-041 <br />