Washington Department of Fish and Wildlife 9/11/2023

WDFW # 23-23154 Page 7 of 18 The AGENCY shall receive prompt written notice of each notice or claim of infringement received by the GRANTEE with respect to any data delivered under this contract. The AGENCY shall have the right to modify or remove any restrictive markings placed upon the data by the GRANTEE. In accordance with 40 CFR 31.34 for State, local and Indian Tribal governments or 40 CFR 30.36 for other recipients, the EPA has the right to reproduce, publish, use, and authorize others to use copyrighted works or other data developed under this contract for Federal purposes. COVENANT AGAINST CONTINGENT FEES The GRANTEE warrants that no person or selling agent has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the GRANTEE for securing business. The AGENCY shall have the right, in the event of breach of this clause by the GRANTEE, to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee. CYBERSECURITY The GRANTEE agrees to comply with the current EPA general terms and conditions “Cybersecurity”. The terms and conditions can be found on the EPA Grants Terms and Conditions Website. For STATE AGENCIES: http://www2.epa.gov/sites/production/files/2015- 07/documents/state_grant_cyber_security_condition.pdf. For TRIBES: http://www2.epa.gov/sites/production/files/2015- 07/documents/tribal_grant_cyber_security_condition.pdf. For Other Recipients: http://www2.epa.gov/sites/production/files/2015- 07/documents/cyber_security_grant_condition_for_other_reci pients.pdf. DAVIS BACON AND RELATED ACTS If any work performed by the GRANTEE or Subcontractor employees is subject to the Davis Bacon Act and Davis- Bacon prevailing wage provisions contained in applicable federal laws, the GRANTEE shall ensure that they and their Subcontractor(s) a) pay at least once per week wages to GRANTEE and/or Subcontractor laborers and mechanics at a rate not less than the minimum wages specified in wage determinations made by the U.S. Department of Labor; and b) provide to the AGENCY each week U.S. Department of Labor Form WH-347 “Payroll (For Contractors Optional Use)” stating the wages paid to GRANTEE and /or Subcontractor laborers and mechanics engaged in work funded by this contract. DISADVANTAGED BUSINESS ENTERPRISE The Grantee agrees to comply with the requirements of the Program for Utilization of Small, Minority and Women's Business Enterprises in procurement under assistance agreements, contained in 40 CFR, Part 33. DISALLOWED COSTS The GRANTEE is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subcontractors. DISPUTES Except as otherwise provided in this contract, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with AGENT. 1. The request for a dispute hearing must: ▪ Be in writing; ▪ State the disputed issue(s); ▪ State the relative positions of the parties; ▪ State the GRANTEE’S name, address, and contract number; and ▪ Be mailed to the AGENT and the other party’s (respondent’s) contract manager within 3 working calendar days after the parties agree that they cannot resolve the dispute. 2. The respondent shall send a written answer to the requester’s statement to both the AGENT and the requester within 5 calendar days. 3. The AGENT shall review the written statements and reply in writing to both parties within 10 calendar days. The AGENT may extend this period if necessary by notifying the parties. 4. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this contract shall be construed to limit the parties’ choice of a mutually acceptable alternate dispute resolution method in addition to the dispute resolution procedure outlined above. DRUG FREE WORKPLACE The GRANTEE shall comply with the Drug-Free Workplace Act of 1988, 41 USC 701-707, as amended. Compliance with the Drug-Free Workplace Act includes publishing a drug-free workplace statement and establishing a drug-free awareness program for GRANTEE employees; and taking actions concerning GRANTEE employees who are convicted of violating drug statutes in the workplace. The GRANTEE shall provide written notice of a conviction of a GRANTEE employee of a drug violation in the workplace to the AGENCY within DocuSign Envelope ID: 7FA61F69-7F37-4B7B-8E00-24BAE208A655