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State of Washington Department of Ecology Page 9 of 16
<br /> City of Everett
<br /> Beverly Lake Water Quality Retrofit Project
<br /> Agreement No.WQC-2020-COE-00091
<br /> solicitations for bids or proposals for a minimum of thirty(30)calendar days before the bid or proposal closing date.
<br /> 3)Consider,in the contracting process,whether firms competing for large contracts could subcontract with Disadvantaged
<br /> Business Enterprises.For Indian Tribal,State,and Local Government RECIPIENTs,this shall include dividing total
<br /> requirements when economically feasible into smaller tasks or quantities to permit maximum participation by Disadvantaged
<br /> Business Enterprises in the competitive process.
<br /> 4)Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one of
<br /> these firms to handle individually.
<br /> 5)Use services and assistance of the Small Business Administration and the Minority Business Development Agency of the
<br /> Department of Commerce.
<br /> 6)If the prime contractor awards subcontracts,require the prime contractor to take the five good faith efforts steps in
<br /> paragraphs 1 through 5 above.
<br /> The RECIPIENT agrees to submit ECOLOGY's Contractor Participation Report Form D with each payment request.
<br /> Contract Administration Provisions,40 CFR,Section 33.302. The RECIPIENT agrees to comply with the contract
<br /> administration provisions of 40 CFR,Section 33.302.
<br /> Non-discrimination Provision. The RECIPIENT shall not discriminate on the basis of race,color,national origin or sex in the
<br /> performance of this agreement. The RECIPIENT shall carry out applicable requirements of 40 CFR Part 33 in the award and
<br /> administration of contracts awarded under EPA financial assistance agreements. Failure by the RECIPIENT to carry out
<br /> these requirements is a material breach of this agreement which may result in the termination of this contract or other legally
<br /> available remedies.
<br /> This does not preclude the RECIPIENT from enacting broader nondiscrimination protections.
<br /> The RECIPIENT shall comply with all federal and state nondiscrimination laws,including but not limited to,Title VI and VII
<br /> of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973,Title IX of the Education Amendments of
<br /> 1972,the Age Discrimination Act of 1975,and Chapter 49.60 RCW,Washington's Law Against Discrimination,and 42
<br /> U.S.C. 12101 et seq,the Americans with Disabilities Act(ADA).
<br /> In the event of the RECIPIENT's noncompliance or refusal to comply with any applicable nondiscrimination law,regulation,
<br /> or policy,this agreement maybe rescinded,canceled, or terminated in whole or in part and the RECIPIENT may be declared
<br /> ineligible for further funding from ECOLOGY. The RECIPIENT shall,however,be given a reasonable time in which to cure
<br /> this noncompliance.
<br /> The RECIPIENT shall include the following terms and conditions in contracts with all contractors,subcontractors,engineers,
<br /> vendors,and any other entity for work or services pertaining to this agreement.
<br /> "The Contractor will not discriminate on the basis of race,color,national origin or sex in the performance of this Contract.
<br /> The Contractor will carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts
<br /> awarded under Environmental Protection Agency financial agreements.Failure by the Contractor to carry out these
<br /> requirements is a material breach of this Contract which may result in termination of this Contract or other legally available
<br /> remedies."
<br /> Bidder List,40 CFR,Section 33.501(b)and(c). The RECIPIENT agrees to create and maintain a bidders list. The bidders
<br /> list shall include the following information for all firms that bid or quote on prime contracts,or bid or quote subcontracts,
<br /> including both MBE/WBEs and non-MBE/WBEs.
<br /> 1.Entity's name with point of contact
<br /> 2.Entity's mailing address,telephone number,and e-mail address
<br /> 3.The procurement on which the entity bid or quoted,and when
<br /> 4.Entity's status as an MBE/WBE or non-MBE/WBE
<br /> G.Electronic and information Technology(EIT)Accessibility: RECIPIENTs shall ensure that loan funds provided under this
<br /> agreement for costs in the development or purchase of EIT systems or products provide individuals with disabilities
<br /> reasonable accommodations and an equal and effective opportunity to benefit from or participate in a program,including
<br /> those offered through electronic and information technology as per Section 504 of the Rehabilitation Act,codified in 40 CFR
<br /> Part 7. Systems or products funded under this agreement must be designed to meet the diverse needs of users without
<br /> barriers or diminished function or quality. Systems shall include usability features or functions that accommodate the needs of
<br /> persons with disabilities,including those who use assistive technology.
<br /> H.Hotel-Motel Fire Safety Act: The RECIPIENT shall ensure that all space for conferences,meetings,conventions or
<br /> training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel
<br /> and Motel Fire Safety Act(15 USC 2225a,PL 101-391,as amended).Recipients may search the Hotel-Motel National
<br /> Master List at http://www.usfa.dhs.gov/applications/hotel/to see if a property is in compliance,or to find other information
<br /> about the Act.Pursuant to 15 USC 2225a.
<br /> I.Trafficking In Persons: The RECIPIENT and RECIPIENT employees that are private entities shall not engage in forms of
<br /> Template Version 10/30/2015
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