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2 <br /> GENERAL TERMS AND CONDITIONS <br /> Pertaining to Grant and Loan Agreements of <br /> the Department of Ecology <br /> A. RECIPIENT PERFORMANCE <br /> All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT <br /> and RECIPIENT's employees. The RECIPIENT shall not assign or subcontract performance to others <br /> unless specifically authorized in writing by the DEPARTMENT. <br /> B. SUBGRANTEE/CONTRACTOR COMPLIANCE <br /> The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and <br /> conditions of this agreement. <br /> C. THIRD PARTY BENEFICIARY <br /> The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to <br /> this agreement, the state of Washington is named as an express third-party beneficiary of such <br /> subcontracts with full rights as such. <br /> D. CONTRACTING FOR SERVICES (BIDDING) <br /> Contracts for construction, purchase of equipment and professional architectural and engineering <br /> services shall be awarded through a competitive process, if required by State law. RECIPIENT shall <br /> retain copies of all bids received and contracts awarded, for inspection and use by the DEPARTMENT. <br /> E. ASSIGNMENTS <br /> No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned <br /> by the RECIPIENT. <br /> F. COMPLIANCE WITH ALL LAWS <br /> 1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, <br /> orders, regulations and permits. <br /> Prior to commencement of any construction, the RECIPIENT shall secure the necessary <br /> approvals and permits required by authorities having jurisdiction over the project, provide assurance to <br /> the DEPARTMENT that all approvals and permits have been secured, and make copies available to the <br /> DEPARTMENT upon request. <br /> 2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all <br /> Federal and State laws, regulations, and policies against discrimination. The RECIPIENT further agrees <br /> to affirmatively support the program of the Office of Minority and Women's Business Enterprises to the <br /> maximum extent possible. The RECIPIENT shall report to the DEPARTMENT the percent of grant/loan <br /> funds available to women or minority owned businesses. <br /> 3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws, <br /> regulations, and policies of the United States and the State of Washington which affect wages and job <br /> safety. <br /> 4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state <br /> industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT <br /> shall have the right to immediately terminate this agreement for cause as provided in Section K.1, herein. <br /> G. KICKBACKS <br /> The RECIPIENT is prohibited from inducing by any means any person employed or otherwise <br /> involved in this project to give up any part of the compensation to which he/she is otherwise entitled or, <br /> receive any fee, commission or gift in return for award of a subcontract hereunder. <br /> H. AUDITS AND INSPECTIONS <br /> 1. The RECIPIENT shall maintain complete program and financial records relating to this <br /> agreement. Such records shall clearly indicate total receipts and expenditures by fund source and task or <br /> object. <br /> All grant/loan records shall be kept in a manner which provides an audit trail for all <br /> expenditures. All records shall be kept in a common file to facilitate audits and inspections. <br /> 1F <br />