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Page 17 of 21State of Washington Department of Ecology <br />Agreement No: <br />Project Title: <br />Recipient Name: <br />SWMLSWFA-2023-EverPW-00189 <br />P&I City of Everett PW <br />CITY OF EVERETT PUBLIC WORKS <br />16. KICKBACKS <br />RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up <br />any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award <br />of a subcontract hereunder. <br />17. MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE) <br />RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned <br />(WBE) businesses in purchases and contracts initiated under this Agreement . <br />Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to <br />take the following actions, when possible, in any procurement under this Agreement : <br />a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or <br />services. <br />b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation <br />by qualified minority and women's businesses. <br />c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and <br />women's businesses. <br />d) Use the services and assistance of the Washington State Office of Minority and Women 's Business Enterprises (OMWBE) <br />(866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. <br />18. ORDER OF PRECEDENCE <br />In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving <br />precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of <br />Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the <br />"Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g) <br />General Terms and Conditions. <br />19. PRESENTATION AND PROMOTIONAL MATERIALS <br />ECOLOGY reserves the right to approve RECIPIENT’s communication documents and materials related to the fulfillment of <br />this Agreement: <br />a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to <br />production and distribution. <br />b) RECIPIENT shall include time for ECOLOGY’s review and approval process in their project timeline . <br />c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products <br />developed. <br />Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio <br />tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any <br />online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the <br />RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item. <br />Any communications intended for public distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s graphic <br />requirements and any additional requirements specified in this Agreement . Before the use of ECOLOGY’s logo contact <br />ECOLOGY for guidelines. <br />RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY . <br />20. PROGRESS REPORTING <br />Template Version 12/10/2020 <br />DocuSign Envelope ID: CA19D323-198B-40C9-8CE1-2BD4E17BBEC1