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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 27 of 44 <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. The <br />Contractor will carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded <br />under Environmental Protection Agency financial agreements. Failure by the Contractor to carry out these requirements is a <br />material breach of this Contract which may result in termination of this Contract or other legally available 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 reasonable <br />accommodations and an equal and effective opportunity to benefit from or participate in a program, including those offered <br />through electronic and information technology as per Section 504 of the Rehabilitation Act, codified in 40 CFR Part 7. <br />Systems or products funded under this agreement must be designed to meet the diverse needs of users without barriers or <br />diminished function or quality. Systems shall include usability features or functions that accommodate the needs of persons with <br />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 training <br />seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and <br />Motel Fire Safety Act (15 USC 2225a, PL 101-391, as amended). Recipients may search the Hotel -Motel National Master <br />List at http://www.usfa.dhs.gov/applications/hotel/ to see if a property is in compliance, or to find other information about the <br />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 />trafficking in persons during the period of time this agreement is effective. This includes, but is not limited to, the procurement <br />of a commercial sex act or forced labor. The RECIPIENT shall notify ECOLOGY immediately of any information received <br />from any source alleging a violation under this provision. <br />SECTION 5: THE FOLLOWING CONDITIONS APPLY TO STATE REVOLVING FUND (SRF) LOAN FUNDED <br />PROJECTS ONLY. <br />The RECIPIENT must submit the following documents/forms to ECOLOGY before this agreement is signed by ECOLOGY: <br />1. Financial Capability Assessment Documentation <br />2. Opinion of RECIPIENT'S Legal Council <br />3. Authorizing Ordinance or Resolution <br />4. Federal Funding Accountability and Transparency Act (FFATA) Form (Required for SRF Equivalency projects only) <br />5. CWSRF Federal Reporting Information form available in EAGL <br />6. Fiscal Sustainability Plan (Asset Management) Certification Form in EAGL (Only required if the project includes <br />construction of a wastewater or stormwater facility construction) <br />7. Cost and Effectiveness Analysis Certification Form in EAGL (Required for all projects receiving SRF Loan funding) <br />8. State Environmental Review Process (SERP) Documentation (Required for facility projects only) <br />A. Alteration and Eligibility of Project: During the term of this agreement, the RECIPIENT (1) shall not materially alter the <br />design or structural character of the project without the prior written approval of ECOLOGY and (2) shall take no action <br />which would adversely affect the eligibility of the project as defined by applicable funding program rules and state statutes, or <br />which would cause a violation of any covenant, condition, or provision herein. <br />Template Version 12/10/2020 <br />