|
state,and/or local laws.
<br /> SECTION 7. CONFLICT OF INTEREST
<br /> Notwithstanding any determination by the Executive Ethics Board or other tribunal,RCO may,in its sole discretion,by written notice to
<br /> the sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation of the Ethics in
<br /> Public Service Act,Chapter 42.52 RCW;or any similar statute involving the sponsor in the procurement of,or performance under,this
<br /> Agreement.
<br /> In the event this Agreement is terminated as provided above,RCO shall be entitled to pursue the same remedies against the sponsor
<br /> as it could pursue in the event of a breach of the Agreement by the sponsor.The rights and remedies of RCO provided for in this
<br /> clause shall not be exclusive and are in addition to any other rights and remedies provided by law.
<br /> SECTION 8. ACKNOWLEDGMENT AND SIGNS
<br /> A. Publications.The sponsor shall include language which acknowledges the funding contribution of the applicable grant program to
<br /> this project in any release or other publication developed or modified for,or referring to,the project during the project period and
<br /> in the future.
<br /> B. Signs.The sponsor also shall post signs or other appropriate media during the project period and in the future at project
<br /> entrances and other locations on the project which acknowledge the applicable grant program's funding contribution,unless
<br /> exempted in funding board policy or waived by the director.
<br /> C. Ceremonies.The sponsor shall notify RCO no later than two weeks before a dedication ceremony for this project.The sponsor
<br /> shall verbally acknowledge the applicable grant program's funding contribution at all dedication ceremonies.
<br /> D. Federally Funded Projects.When issuing statements,press releases,requests for proposals,bid solicitations,and other
<br /> documents describing a project funded in whole or in part with federal money provided for in this grant,sponsors shall clearly
<br /> state:
<br /> 1. The percentage of the total costs of the project that is financed with federal money;
<br /> 2. The dollar amount of federal funds for the project;and
<br /> 3. The percentage and dollar amount of the total costs of the project that is financed by nongovernmental sources.
<br /> SECTION 9. COMPLIANCE WITH APPLICABLE LAW
<br /> The sponsor will implement the Agreement in accordance with applicable federal,state,and local laws,regulations and RCO and
<br /> funding board policies regardless of whether the sponsor is a public or non-public organization.
<br /> The sponsor shall comply with,and RCO is not responsible for determining compliance with,any and all applicable federal,state,and
<br /> local laws,regulations,and/or policies,including,but not limited to:State Environmental Policy Act;Industrial Insurance Coverage;
<br /> Architectural Barriers Act;permits(shoreline,Hydraulics Project Approval,demolition);land use regulations(critical areas ordinances,
<br /> Growth ManagementAct);federal and state safety and health regulations(Occupational Safety and Health Administration/Washington
<br /> Industrial Safety and Health Act);and Buy American Act.
<br /> Endangered Species
<br /> For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the sponsor shall not commence
<br /> with clearing of riparian trees or in-water work unless either the sponsor has complied with 50 CFR 223.203(b)(8),limit 8 or until an
<br /> Endangered Species Act consultation is finalized in writing by the National Oceanic and Atmospheric Administration.Violation of this
<br /> requirement may be grounds for terminating this project Agreement. This section shall not be the basis for any enforcement
<br /> responsibility by RCO.
<br /> Nondiscrimination Laws
<br /> The sponsor shall comply with all applicable federal,state,and local nondiscrimination laws and/or policies,including but not limited
<br /> to:the Americans with Disabilities Act;Civil Rights Act;and the Age Discrimination Act.In the event of the sponsor's noncompliance or
<br /> refusal to comply with any nondiscrimination law or policy,the Agreement may be rescinded,cancelled,or terminated in whole or in
<br /> part,and the sponsor may be declared ineligible for further grant awards from the funding board.The sponsor is responsible for any
<br /> and all costs or liability arising from the sponsor's failure to so comply with applicable law.
<br /> Wages and Job Safety
<br /> The sponsor agrees to comply with all applicable laws,regulations,and policies of the United States and the State of Washington
<br /> which affect wages and job safety. The sponsor agrees when state prevailing wage laws(RCW 39.12)are applicable,to comply with
<br /> such laws,to pay the prevailing rate of wage to all workers,laborers,or mechanics employed in the performance of any part of this
<br /> contract,and to file a statement of intent to pay prevailing wage with the Washington State Department of Labor and Industries as
<br /> required by RCW 39.12.040. The sponsor also agrees to comply with the provisions of the Davis-Bacon Act,and other federal laws,
<br /> and the rules and regulations of the Washington State Department of Labor and Industries.
<br /> Archaeological and Cultural Resources
<br /> The RCO reviews all applicable projects for potential impacts to archaeological sites and state cultural resources. The
<br /> sponsor must comply with Executive Order 05-05 or the National Historic Preservation Act before initiating ground disturbing activity.
<br /> The funding board requires documented compliance with Executive Order 05-05 or Section 106 of the National Historic Preservation
<br /> Act,whichever is applicable to the project. If a federal agency declines to consult,the sponsor shall comply with the requirements of
<br /> WWRP Project Agreement-RCO#12-1085D Outdoor Recreation Account
<br /> Chapter 79A.15 RCW,Chapter 286 WAC 1 6 Page 7 of 15
<br /> PROJAGR.RPT
<br />
|