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<br />WDFW # 23-23154 Page 6 of 18
<br />Implementation Guidance on Application of Buy America
<br />Preference in Federal Financial Assistance Programs for
<br />Infrastructure. The GRANTEE may submit a waiver request to
<br />the AGENCY. A list of approved EPA waivers (general
<br />applicability and project specific) is available on the EPA Build
<br />America, Buy America website.
<br />CENTRAL CONTRACTOR REGISTRATION AND UNIQUE
<br />ENTITY IDENTIFIER
<br />Unless exempt under 2 CFR 25.110, the GRANTEE shall
<br />comply with 2 CFR 25 and be registered in the federal
<br />System for Award Management Registration (SAM); and
<br />maintain an active registration with current information at all
<br />times during the period of performance for this contract; and
<br />provide its Unique Entity Identifier (UEI) number to the
<br />AGENCY.
<br />• CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
<br />The GRANTEE shall not use or disclose any information
<br />concerning the AGENCY, or information that may be
<br />classified as confidential, for any purpose not directly
<br />connected with the administration of this contract, except with
<br />prior written consent of the AGENCY, or as may be required
<br />by law.
<br />CONSULTANT CAP
<br />EPA participation in the salary rate (excluding overhead) paid
<br />to individual consultants retained by the GRANTEE shall be
<br />limited to the maximum daily rate for a Level IV of the
<br />Executive Schedule, available at:https://www.opm.gov/policy-
<br />data-oversight/pay-leave/salaries-wages, to be adjusted
<br />annually. This limit applies to consultation services of
<br />designated individuals with specialized skills who are paid at
<br />a daily or hourly rate. This rate does not include
<br />transportation and subsistence costs for travel performed (the
<br />GRANTEE will pay these in accordance with their normal
<br />travel reimbursement practices). Subcontracts with firms for
<br />services which are awarded using the procurement
<br />requirements in Subpart D of 2 CFR 200, are not affected by
<br />this limitation unless the terms of the subcontract provide the
<br />GRANTEE with responsibility for the selection, direction and
<br />control of the individuals who will be providing services under
<br />the subcontract at an hourly or daily rate of compensation.
<br />CONFLICT OF INTEREST
<br />Notwithstanding any determination by the Executive Ethics
<br />Board or other tribunal, the AGENCY may, in its sole
<br />discretion, by written notice to the GRANTEE terminate this
<br />contract if it is found after due notice and examination by the
<br />AGENT that there is a violation of the Ethics in Public Service
<br />Act, Chapter 42.52 RCW; or any similar statute involving the
<br />GRANTEE in the procurement of, or performance under this
<br />contract. In the event this contract is terminated as provided
<br />above, the AGENCY shall be entitled to pursue the same
<br />remedies against the GRANTEE as it could pursue in the
<br />event of a breach of the contract by the GRANTEE. The
<br />rights and remedies of the AGENCY provided for in this
<br />clause shall not be exclusive and are in addition to any other
<br />rights and remedies provided by law. The existence of facts
<br />upon which the AGENT makes any determination under this
<br />clause shall be an issue and may be reviewed as provided in
<br />the “Disputes” clause of this contract.
<br />EPA’s conflict of interest (COI) policy is posted at
<br />http://www.epa.gov/ogd/coi.htm. The GRANTEE must notify
<br />WDFW of any potential conflicts of interest identified in EPA’s
<br />COI Policy within 5 calendar days of the discovery of the
<br />potential COI.
<br />COST PRINCIPLES AND AUDIT REQUIREMENTS
<br />The GRANTEE agrees to comply with the costs principles
<br />contained in 2 CFR Part 200 as appropriate for this contract.
<br />The GRANTEE agrees to comply with the organizational audit
<br />requirements of 2 CFR Subpart F, and further understands
<br />and agrees that funds may be withheld, or other related
<br />requirements may be imposed, if outstanding audit issues (if
<br />any) from 2 CFR Subpart F audits (and any other audits of
<br />Contract funds) are not satisfactorily and promptly addressed.
<br />COPYRIGHT PROVISIONS
<br />Unless otherwise provided, all materials produced under this
<br />contract shall be considered "works for hire" as defined by the
<br />U.S. Copyright Act and shall be owned by the AGENCY. The
<br />AGENCY shall be considered the author of such materials. In
<br />the event the materials are not considered “works for hire”
<br />under the U.S. Copyright laws, the GRANTEE hereby
<br />irrevocably assigns all right, title, and interest in materials,
<br />including all intellectual property rights, to the AGENCY
<br />effective from the moment of creation of such materials.
<br />Materials means all items in any format and includes, but is
<br />not limited to, data, reports, documents, pamphlets,
<br />advertisements, books, magazines, surveys, studies,
<br />computer programs, films, tapes, and/or sound reproductions.
<br />Ownership includes the right to copyright, patent, register and
<br />the ability to transfer these rights.
<br />For materials that are delivered under the contract, but that
<br />incorporate pre-existing materials not produced under the
<br />contract, the GRANTEE hereby grants to the AGENCY a
<br />nonexclusive, royalty-free, irrevocable license (with rights to
<br />sublicense others) in such materials to translate, reproduce,
<br />distribute, prepare derivative works, publicly perform, and
<br />publicly display. The GRANTEE warrants and represents that
<br />the GRANTEE has all rights and permissions, including
<br />intellectual property rights, moral rights and rights of publicity,
<br />necessary to grant such a license to the AGENCY.
<br />The GRANTEE shall exert all reasonable effort to advise the
<br />AGENCY, at the time of delivery of materials furnished under
<br />this contract, of all known or potential invasions of privacy
<br />contained therein and of any portion of such document that
<br />was not produced in the performance of this contract.
<br />DocuSign Envelope ID: 7FA61F69-7F37-4B7B-8E00-24BAE208A655
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