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apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents,
<br /> proprietary information, know-how,copyright rights or inventions resulting from the State's,its agents',officers'and
<br /> employees'failure to comply with specific written instructions regarding use provided to the State,its agents,officers and
<br /> employees by the Sponsor,its agents,employees,contractors, subcontractors or vendors,of any tier,or any other persons for
<br /> whom the Sponsor may be legally liable.
<br /> The funding board and RCO are included within the term State,as are all other agencies,departments,boards,councils,
<br /> committees, divisions, bureaus,offices,societies, or other entities of state government.
<br /> INDEPENDENT CAPACITY OF THE SPONSOR
<br /> The Sponsor and its employees or agents performing under this Agreement are not officers,employees or agents of the RCO
<br /> or Funding Entity.The Sponsor will not hold itself out as nor claim to be an officer, employee or agent of the RCO or the
<br /> Funding Entity,or of the state of Washington, nor will the Sponsor make any claim of right,privilege or benefit which would
<br /> accrue to an employee under RCW 41.06.
<br /> The Sponsor is responsible for withholding and/or paying employment taxes, insurance,or deductions of any kind required by
<br /> federal,state,and/or local laws.
<br /> CONFLICT OF INTEREST
<br /> Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may,in its sole discretion, by written
<br /> notice to the Sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation
<br /> of the Ethics in Public Service Act, RCW 42.52;or any similar statute involving the Sponsor in the procurement of,or
<br /> performance under,this Agreement.
<br /> In the event this Agreement is terminated as provided herein, RCO shall be entitled to pursue the same remedies against the
<br /> Sponsor as it could pursue in the event of a breach of the Agreement by the Sponsor.The rights and remedies of RCO
<br /> provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or this
<br /> Agreement.
<br /> COMPLIANCE WITH APPLICABLE LAW
<br /> In implementing the Agreement,the Sponsor shall comply with all applicable federal,state, and local laws(including without
<br /> limitation all applicable ordinances,codes, rules,and regulations).Such compliance includes,without any limitation as to other
<br /> applicable laws,the following laws:
<br /> A. Nondiscrimination Laws.The Sponsor shall comply with all applicable federal,state,and local nondiscrimination
<br /> laws and/or policies,including but not limited to:the Americans with Disabilities Act; Civil Rights Act;and the Age
<br /> Discrimination Employment Act(if applicable). In the event of the Sponsor's noncompliance or refusal to comply with
<br /> any nondiscrimination law or policy,the Agreement may be rescinded,cancelled, or terminated in whole or in part,
<br /> and the Sponsor may be declared ineligible for further grant awards from the RCO or Funding Entity.The Sponsor is
<br /> responsible for any and all costs or liability arising from the Sponsor's failure to so comply with applicable law. Except
<br /> where a nondiscrimination clause required by a federal funding agency is used,the Sponsor shall insert the following
<br /> nondiscrimination clause in each contract for construction of this project:"During the performance of this contract,the
<br /> contractor agrees to comply with all federal and state nondiscrimination laws,regulations and policies."
<br /> B. Secular Use of Funds.No funds awarded under this grant may be used to pay for any religious activities,worship, or
<br /> instruction,or for lands and facilities for religious activities,worship,or instruction. Religious activities,worship,or
<br /> instruction may be a minor use of the grant supported recreation and conservation land or facility.
<br /> C. Wages and Job Safety.The Sponsor agrees to comply with all applicable laws,regulations,and policies of the
<br /> United States and the State of Washington or other jurisdiction which affect wages and job safety.The Sponsor
<br /> agrees when state prevailing wage laws(RCW 39.12)are applicable,to comply with such laws,to pay the prevailing
<br /> rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this contract,and to
<br /> file a statement of intent to pay prevailing wage with the Washington State Department of Labor and Industries as
<br /> required by RCW 39.12.40.The Sponsor also agrees to comply with the provisions of the rules and regulations of the
<br /> Washington State Department of Labor and Industries.
<br /> 1) Pursuant to RCW 39.12.040(1)(a),all contractors and subcontractors shall submit to Sponsor a statement of
<br /> intent to pay prevailing wages if the need to pay prevailing wages is required by law. If a contractor or
<br /> subcontractor intends to pay other than prevailing wages,it must provide the Sponsor with an affirmative
<br /> statement of the contractor's or subcontractor's intent. Unless required by law,the Sponsor is not required to
<br /> investigate a statement regarding prevailing wage provided by a contractor or subcontractor.
<br /> 2) Exception,Service Organizations of Trail and Environmental Projects(RCW 79A.35.130). If allowed by state
<br /> and federal law and rules, participants in conservation corps programs offered by a nonprofit organization
<br /> affiliated with a national service organization established under the authority of the national and community
<br /> RCO:20-1579 Revision Date: 6/1/2021 Page 12 of 21
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