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DocuSign Envelope ID:82CF488E-D010-423F-A510-7E548D1F9C38
<br /> State of Washington Department of Ecology Page 26 of 44
<br /> Agreement No: WQC-2022-EverPW-00030
<br /> Project Title: Water Quality Retrofit/Improvements;City of Everett's Programmatic Effort
<br /> Recipient Name: City of Everett
<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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