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15 <br />iii. The GRANTEE is responsible for ensuring that its subgrantees/subcontractors comply with <br />Section 19(B). <br />20. HISTORICAL AND CULTURAL ARTIFACTS <br />Prior to approval and disbursement of any funds awarded under this Grant Agreement, GRANTEE <br />shall cooperate with COMMERCE to complete the requirements of Governor’s Executive Order 21-02 <br />or GRANTEE shall complete a review under Section 106 of the National Historic Preservation Act, if <br />applicable. GRANTEE agrees that the GRANTEE is legally and financially responsible for compliance <br />with all laws, regulations, and agreements related to the preservation of historical or cultural <br />resources and agrees to hold harmless COMMERCE and the State of Washington in relation to any <br />claim related to such historical or cultural resources discovered, disturbed, or damaged as a result of <br />the Project funded by this Grant Agreement. <br />In addition to the requirements set forth in this Grant Agreement, GRANTEE shall, in accordance with <br />Governor’s Executive Order 21-02 as applicable, coordinate with COMMERCE and the Washington <br />State Department of Archaeology and Historic Preservation (DAHP), including any recommended <br />consultation with any affected tribe(s), during Project design and prior to construction to determine the <br />existence of any tribal cultural resources affected by Project. GRANTEE agrees to avoid, minimize, or <br />mitigate impacts to the cultural resource as a continuing prerequisite to receipt of funds under this <br />Grant Agreement. <br />The GRANTEE agrees that, unless the GRANTEE is proceeding under an approved historical and <br />cultural monitoring plan or other memorandum of agreement, if historical or cultural artifacts are <br />discovered during construction, the GRANTEE shall immediately stop construction and notify the <br />local historical preservation officer and the State's historical preservation officer at DAHP, and the <br />COMMERCE Representative identified on the Face Sheet. If human remains are uncovered, the <br />GRANTEE shall report the presence and location of the remains to the coroner and local enforcement <br />immediately, then contact DAHP and the concerned tribe's cultural staff or committee. <br />The GRANTEE shall require this provision to be contained in all subgrants/subcontracts for work or <br />services related to the Project described in Attachment A (Scope of Work). <br />In addition to the requirements set forth in this Grant Agreement, GRANTEE agrees to comply with <br />RCW 27.44 regarding Indian Graves and Records, RCW 27.53 regarding Archaeological Sites and <br />Resources, RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves, and <br />WAC 25-48 regarding Archaeological Excavation and Removal Permits. <br />Completion of the requirements of Section 106 of the National Historic Preservation Act shall <br />substitute for completion of Governor’s Executive Order 21-02. <br />In the event that the GRANTEE finds it necessary to amend the Project described in Attachment A <br />(Scope of Work), the GRANTEE may be required to re-comply with Governor's Executive Order 21- <br />02 or Section 106 of the National Historic Preservation Act. <br />21. TERMINATION FOR FRAUD OR MISREPRESENTATION <br />In the event the GRANTEE commits fraud or makes any misrepresentation in connection with the <br />grant application or during the performance of this Grant Agreement, COMMERCE reserves the right <br />to terminate or amend this Grant Agreement accordingly, including the right to recapture all funds <br />disbursed to the GRANTEE under the Grant Agreement. <br />Docusign Envelope ID: 9B889CF2-7957-48F2-B06A-301BAAA8C3CA