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State of Washington Department of Ecology Page 18 of 22 <br /> Agreement No: AQVWTRAN-1921-CiEvTS-00012 <br /> Project Title: Transit Bus Replacement <br /> Recipient Name: City of Everett Transportation Services <br /> RECIPIENT is encouraged to solicit and recruit,to the extent possible,certified minority-owned(MBE)and women-owned <br /> (WBE)businesses in purchases and contracts initiated under this Agreement. <br /> Contract awards or rejections cannot be made based on MWBE participation;however, the RECIPIENT is encouraged to <br /> take the following actions,when possible, in any procurement under this Agreement: <br /> a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or <br /> services. <br /> b) Divide the total requirements,when economically feasible,into smaller tasks or quantities,to permit maximum participation <br /> by qualified minority and women's businesses. <br /> c) Establish delivery schedules,where work requirements permit,which will encourage participation of qualified minority and <br /> women's businesses. <br /> d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises(OMWBE) <br /> (866-208-1064)and the Office of Minority Business Enterprises of the U.S.Department of Commerce,as appropriate. <br /> 18. ORDER OF PRECEDENCE <br /> In the event of inconsistency in this Agreement,unless otherwise provided herein,the inconsistency shall be resolved by giving <br /> precedence in the following order: (a)applicable federal and state statutes and regulations;(b) The Agreement;(c)Scope of <br /> Work;(d)Special Terms and Conditions;(e)Any provisions or terms incorporated herein by reference,including the <br /> "Administrative Requirements for Recipients of Ecology Grants and Loans";(f)Ecology Funding Program Guidelines;and(g) <br /> General Terms and Conditions. <br /> 19. PRESENTATION AND PROMOTIONAL MATERIALS <br /> ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillment of <br /> this Agreement: <br /> a) If requested,RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10)business days prior <br /> to production and distribution. <br /> b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline. <br /> c) If requested,RECIPIENT shall provide ECOLOGY two(2)final copies and an electronic copy of any tangible products <br /> developed. <br /> Copies include any printed materials,and all tangible products developed such as brochures,manuals,pamphlets,videos,audio <br /> tapes,CDs,curriculum,posters,media announcements,or gadgets with a message,such as a refrigerator magnet,and any <br /> online communications,such as web pages,blogs,and twitter campaigns.If it is not practical to provide a copy,then the <br /> RECIPIENT shall provide a description(photographs,drawings,printouts,etc.)that best represents the item. <br /> Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic <br /> requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's logo contact <br /> ECOLOGY for guidelines. <br /> RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY. <br /> 20. PROGRESS REPORTING <br /> a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to <br /> ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document <br /> timely use of funds. <br /> b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a <br /> progress report. ECOLOGY will define the elements and frequency of progress reports. <br /> c) RECIPIENT shall use ECOLOGY's provided progress report format. <br /> d) Quarterly progress reports will cover the periods from January 1 through March 31,April 1 through June 30,July I through <br /> Template Version 10/30/2015 <br />