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State of Washington Department of Ecology
<br />Agreement No: WQC-2022-EverPW-00085
<br />Project Title: Water Quality Treatment at 3rd Avenue SE
<br />Recipient Name: City of Everett
<br />Page 26 of 44
<br />have a DUNS number. Unless exempted from this requirement under 2 CFR 25.110, the RECIPIENT must ensure that their
<br />organization's information in the System for Award Management (SAM), https://www.sam.gov, is kept current through project
<br />closeout. This requires that the RECIPIENT reviews and updates the information at least annually after the initial registration,
<br />and more frequently if information changes.
<br />F. Disadvantaged Business Enterprise (DBE): General Compliance, 40 CFR, Part 33. The RECIPIENT agrees to comply
<br />with the requirements of the Environmental Protection Agency's Program for Utilization of Small, Minority, and Women's
<br />Business Enterprises (MBE/WBE) 40CFR, Part 33 in procurement under this agreement.
<br />Six Good Faith Efforts, 40 CFR, Part 33, Subpart C. The RECIPIENT agrees to make the following good faith efforts
<br />whenever procuring construction, equipment, services, and supplies under this agreement. Records documenting compliance
<br />with the following six good faith efforts shall be retained:
<br />1) Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent practicable
<br />through outreach and recruitment activities. For Indian Tribal, State and Local and Government RECIPIENTs, this shall
<br />include placing Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are potential sources.
<br />2) Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time frames for
<br />contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation
<br />by Disadvantaged Business Enterprises in the competitive process. This includes, whenever possible, posting solicitations for
<br />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 these
<br />requirements is a material breach of this agreement which may result in the termination of this contract or other legally available
<br />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 of
<br />the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972,
<br />the Age Discrimination Act of 1975, and Chapter 49.60 RCW, Washington's Law Against Discrimination, and 42 U.S.C.
<br />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, or
<br />policy, this agreement may be 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 />Template Version 12/10/2020
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