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GENERAL TERMS AND CONDITIONS <br /> 1 <br /> 14. DUPLICATE PAYMENT <br /> The Grantee certifies that work to be performed under this Grant does not duplicate any work to be <br /> charged against any other Grant, subgrant, or other source. <br /> 15. ETHICS/CONFLICTS OF INTEREST <br /> In performing under this Grant, the Grantee shall assure compliance with the Ethics in Public Service <br /> Act(Chapter 42.52 RCW)and any other applicable state or federal law related to ethics or conflicts of <br /> interest. <br /> 16. GOVERNING LAW AND VENUE <br /> This Grant shall be construed and interpreted in accordance with the laws of the state of Washington, <br /> and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. <br /> 17. INDEMNIFICATION <br /> To the fullest extent permitted by law, the Grantee shall indemnify, defend, and hold harmless the <br /> state of Washington, DOH, all other agencies of the state and all officers, agents and employees of <br /> the state,from and against all claims or damages for injuries to persons or property or death arising <br /> out of or incident to the Grantee's performance or failure to perform the Grant. The Grantee's <br /> obligation to indemnify, defend, and hold harmless includes any claim by the Grantee's agents, <br /> 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, DOH, <br /> 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. The Grantee shall <br /> require this same waiver of its immunity from any Subgrantee. <br /> 18. 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 DOH. The Grantee will not hold itself out as or claim to be an officer or <br /> employee of DOH or of the state of Washington by reason hereof, nor will the Grantee make any <br /> claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct <br /> and control of the work will be solely with the Grantee. <br /> 19. 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, DOH may collect from the Grantee the full amount <br /> payable to the Industrial Insurance Accident Fund. DOH may deduct the amount owed by the <br /> Grantee to the accident fund from the amount payable to the Grantee by DOH under this Grant, and <br /> transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance <br /> Services. This provision does not waive any of L&I's rights to collect from the Grantee. <br /> DOH Grant N19726 Page 4 of 26 City of Everett <br />