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2 <br /> City Subgrantee <br /> Rebecca McCrary Ashley Lommers-Johnson <br /> City of Everett Department of Planning & Everett Housing Authority <br /> Community Development <br /> 2930 Wetmore Avenue, Suite 8A P.O. Box 1547 <br /> Everett, WA 98201 Everett, WA 98206-1547 <br /> Voice: (425) 257-7133 Voice: (425) 303-1100 <br /> Fax: (425) 257-8629 Fax: 425-303-1164 <br /> e-mail: ramccrary@ci.everett.wa.us e-mail: ashlevfWevha.orq <br /> V. Other Provisions <br /> A. Cooperation. The Subgrantee shall fully cooperate with the City so that the City may fulfill the <br /> City's obligations under the CTED Grant Agreement. The Subgrantee shall also cooperate with the <br /> City so that the City may fulfill its obligations under the Washington Public Records Act. <br /> B. Indemnification of the State. To the fullest extent permitted by law, the Subgrantee shall <br /> indemnify, defend, and hold harmless the state of Washington, CTED, all other agencies of the state <br /> and all officers, authorized agents, and employees of the state, from and against all claims or <br /> damages for injuries to persons or property arising out of or incident to Subgrantee's performance or <br /> failure to perform this Agreement. The Subgrantee's obligation to indemnify, defend, and hold <br /> harmless includes any claim made by, or arising out of any act or omission of, the Subgrantee's <br /> agents, employees, representatives, or any subcontractor of Subgrantee (including without limitation <br /> any Homeowner Assistance Nonprofit Organization or any Rehabilitation Nonprofit Organization) or <br /> its agents, employees or representatives. The Subgrantee's obligation to indemnify, defend and <br /> hold harmless shall not be eliminated by any actual or alleged concurrent negligence of the State or <br /> its agents, agencies, employees, and officers. The Subgrantee waives its immunity under Title 51 <br /> RCW to the extent it is required to indemnify, defend, and hold harmless the State and its agencies, <br /> officers, agents or employees. <br /> C. State Not Liable. CTED and the State of Washington are not liable for claims or damages <br /> arising from Subgrantee's performance of this Agreement. <br /> • <br /> D. Residential Construction and Rehabilitation. Unless otherwise provided by the City in writing, <br /> if any portion of the Subgrant is used for residential.construction and rehabilitation, then the <br /> Subgrantee shall perform the following in a manner acceptable to City: (1) prepare bid documents, if <br /> required by applicable law; (2) request federal and state prevailing wages, if required by applicable <br /> law; (3) complete final design and construction plans; (4) conduct a bid opening, if required by <br /> applicable law; and (5) select a qualified contractor. <br /> A-5 <br /> • <br /> . 12 <br />