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RCO: 24-1328 Revision Date: 1/31/2025 Page 13 of 22
<br />communicated to the State, its agents, officers and employees pursuant to the Agreement. Provided, this indemnity shall not
<br />apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents,
<br />proprietary information, know-how, copyright rights or inventions resulting from the State’s, its agents’, officers’ and
<br />employees’ failure to comply with specific written instructions regarding use provided to the State, its agents, officers and
<br />employees by the Sponsor, its agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for
<br />whom the Sponsor may be legally liable.
<br />The funding board and RCO are included within the term State, as are all other agencies, departments, boards, councils,
<br />committees, divisions, bureaus, offices, societies, or other entities of state government.
<br />INDEPENDENT CAPACITY OF THE SPONSOR
<br />The Sponsor and its employees or agents performing under this Agreement are not officers, employees or agents of the RCO
<br />or Funding Entity. The Sponsor will not hold itself out as nor claim to be an officer, employee or agent of the RCO or the
<br />Funding Entity, or of the state of Washington, nor will the Sponsor make any claim of right, privilege or benefit which would
<br />accrue to an employee under RCW 41.06.
<br />The Sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of any kind required by
<br />federal, state, and/or local laws.
<br />CONFLICT OF INTEREST
<br />Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole discretion, by written
<br />notice to the Sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation
<br />of the Ethics in Public Service Act, RCW 42.52; or any similar statute involving the Sponsor in the procurement of, or
<br />performance under, this Agreement.
<br />In the event this Agreement is terminated as provided herein, RCO shall be entitled to pursue the same remedies against the
<br />Sponsor as it could pursue in the event of a breach of the Agreement by the Sponsor. The rights and remedies of RCO
<br />provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or this
<br />Agreement.
<br />COMPLIANCE WITH APPLICABLE LAW
<br />In implementing the Agreement, the Sponsor shall comply with all applicable federal, state, and local laws (including without
<br />limitation all applicable ordinances, codes, rules, and regulations). Such compliance includes, without any limitation as to other
<br />applicable laws, the following laws:
<br />A.Nondiscrimination Laws. The Sponsor shall comply with all applicable federal, state, and local nondiscrimination
<br />laws and/or policies, including but not limited to: the Americans with Disabilities Act; Civil Rights Act; and the Age
<br />Discrimination Employment Act (if applicable). In the event of the Sponsor’s noncompliance or refusal to comply with
<br />any nondiscrimination law or policy, the Agreement may be rescinded, cancelled, or terminated in whole or in part,
<br />and the Sponsor may be declared ineligible for further grant awards from the RCO or Funding Entity. The Sponsor is
<br />responsible for any and all costs or liability arising from the Sponsor’s failure to so comply with applicable law. Except
<br />where a nondiscrimination clause required by a federal funding agency is used, the Sponsor shall insert the following
<br />nondiscrimination clause in each contract for construction of this project: "During the performance of this contract, the
<br />contractor agrees to comply with all federal and state nondiscrimination laws, regulations and policies.”
<br />B.Secular Use of Funds. No funds awarded under this grant may be used to pay for any religious activities, worship, or
<br />instruction, or for lands and facilities for religious activities, worship, or instruction. Religious activities, worship, or
<br />instruction may be a minor use of the grant supported recreation and conservation land or facility.
<br />C.Wages and Job Safety. The Sponsor agrees to comply with all applicable laws, regulations, and policies of the
<br />United States and the State of Washington or other jurisdiction which affect wages and job safety. The Sponsor
<br />agrees when state prevailing wage laws (RCW 39.12) are applicable, to comply with such laws, to pay the prevailing
<br />rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this contract, and to
<br />file a statement of intent to pay prevailing wage with the Washington State Department of Labor and Industries as
<br />required by RCW 39.12.40. The Sponsor also agrees to comply with the provisions of the rules and regulations of the
<br />Washington State Department of Labor and Industries.
<br />1) Pursuant to RCW 39.12.040(1)(a), all contractors and subcontractors shall submit to Sponsor a statement of
<br />intent to pay prevailing wages if the need to pay prevailing wages is required by law. If a contractor or
<br />subcontractor intends to pay other than prevailing wages, it must provide the Sponsor with an affirmative
<br />statement of the contractor’s or subcontractor’s intent. Unless required by law, the Sponsor is not required to
<br />investigate a statement regarding prevailing wage provided by a contractor or subcontractor.
<br />2) Exception, Service Organizations of Trail and Environmental Projects (RCW 79A.35.130). If allowed by state
<br />and federal law and rules, participants in conservation corps programs offered by a nonprofit organization
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