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• <br /> State of Washington Department of Ecology Page 18 of 22 <br /> Agreement No: SWMLSWFA-2021-EverPW-00086 <br /> Project Title: IMP City of Everett <br /> Recipient Name: CITY OF EVERETT <br /> 16. KICKBACKS <br /> RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up <br /> any part of the compensation to which he/she is otherwise entitled to or receive any fee,commission,or gift in return for award <br /> of a subcontract hereunder. <br /> 17. MINORITY AND WOMEN'S BUSINESS ENTERPRISES(MWBE) <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 /> Contact 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 to <br /> 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 /> Template Version 12/10/2020 <br />