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Page 10 of 17State of Washington Department of Ecology
<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 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 />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
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