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<br /> <br />WDFW # 23-23154 Page 4 of 18 <br />Attachment A - <br />GENERAL TERMS AND CONDITIONS <br />Grant Agreement - EPA Funds <br /> <br /> <br />DEFINITIONS <br />As used throughout this contract, the following terms shall <br />have the meaning set forth below: <br />A. "AGENCY" or “WDFW” shall mean the Department of <br />Fish and Wildlife of the State of Washington, any <br />division, section, office, unit or other entity of the <br />AGENCY, or any of the officers or other officials lawfully <br />representing that AGENCY. <br />B. "AGENT" shall mean the AGENCY Director, and/or the <br />delegate authorized in writing to act on the Director's <br />behalf. <br />C. “ARCHAEOLOGIST” shall mean an individual meeting <br />the Secretary of the Interior’s Professional Qualifications <br />Standards as it relates to Archaeology. <br />D. “CFR” shall mean the Code of Federal Regulations. All <br />references in the contract to CFR chapters or sections <br />shall include any successor, amended or replacement <br />regulations. <br />E. “EPA” shall mean the Environmental Protection Agency. <br />F. "GRANTEE" shall mean any organization or individual <br />that is performing service(s) under this contract, and shall <br />include all employees of the GRANTEE. <br />G. “RCW” shall mean the Revised Code of Washington. All <br />references in the contract to RCW chapters or sections <br />shall include any successor, amended or replacement <br />statutes. <br />H. "Subcontractor" shall mean one not in the employment of <br />the GRANTEE, who is performing all or part of those <br />services under this contract under a separate contract <br />with the GRANTEE. The terms "Subcontractor" and <br />"Subcontractors" means Subcontractor(s) in any tier. <br />I. “USC” shall mean United States Code. All references in <br />the contract to USC chapters or sections shall include <br />any successor, amended or replacement statutes. <br />ACCESS TO DATA <br />In compliance with RCW 39.26.180, the GRANTEE shall <br />provide access to data generated under this contract to <br />AGENCY, the Joint Legislative Audit and Review Committee, <br />the State Auditor, and Federal auditors at no additional cost. <br />This includes access to all information that supports the <br />findings, conclusions, and recommendations of the <br />GRANTEE’S reports, including computer models and <br />methodology for those models. <br />ADVANCE PAYMENTS PROHIBITED <br />No payments in advance of or in anticipation of goods or <br />services to be provided under this contract shall be made by <br />the AGENCY. <br />AMENDMENTS <br />This contract may be amended by mutual agreement of the <br />parties. Such amendments shall not be binding unless they <br />are in writing and signed by personnel authorized to bind <br />each of the parties. <br />AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, <br />PUBLIC LAW 101-336, also referred to as the "ADA" 28 <br />CFR Part 35 <br />Both parties shall comply with the ADA, which provides <br />comprehensive civil rights protection to individuals with <br />disabilities in the areas of employment, public <br />accommodations, state and local government services, and <br />telecommunications. <br />ARCHAEOLOGICAL AND CULTURAL RESOURCES <br />The work conducted by the GRANTEE is subject to <br />Compliance with all applicable local, state, and federal <br />cultural resources laws and regulations. These may include, <br />but are not limited to, Governor’s Executive Order 21-02 (EO <br />21-02), the State Environmental Policy Act, the National <br />Historic Preservation Act, and the National Environmental <br />Policy Act. Compliance must be completed and <br />documentation provided by the GRANTEE to WDFW prior to <br />the start of any work on project site(s). <br /> <br />A. Notice of Cultural Resources Completion. No work shall <br />commence in the project area until WDFW has provided a <br />notice of cultural resources completion. WDFW may <br />require on-site monitoring for impacts to cultural resources <br />during any demolition, construction, land clearing, <br />restoration, or repair work, and may direct that work stop <br />to minimize, mitigate, or avoid cultural resource impacts or <br />concerns. All cultural resources requirements for non- <br />ground disturbing projects (such as acquisition or planning <br />projects) must be met prior to final reimbursement. <br />WDFW will not reimburse the GRANTEE for any <br />deliverables or other invoices requiring a notice of cultural <br />resources completion until the GRANTEE has <br />demonstrated compliance. <br /> <br />B. Discovery of Human Remains. If human skeletal <br />remains are found while conducting work under this <br />contract, the GRANTEE shall immediately stop any <br />activity that may cause further disturbance. The area <br />DocuSign Envelope ID: 7FA61F69-7F37-4B7B-8E00-24BAE208A655