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' I <br /> A.39 UTILIZATION OF MINA 'TY AND WOMEN BUSINESS ENTER `.ISES (MWBE) <br /> The SUBRECIPIENT shad comply with 2 CFR §200.321 and will Lake all necessary affirmative steps to <br /> assure that minority firms, women's business enterprises, and labor surplus area firms are used when <br /> possible and will take all necessary affirmative steps to utilize business firms that are certified as <br /> minority-owned and/or women-owned in carrying out the purposes of this Agreement. The following <br /> steps are required by the Subrecipient if any contracts with contractors or sub-contractors are entered <br /> into under the original contract award: <br /> a. Placing qualified small and minority businesses and women's business enterprises on <br /> solicitation lists; <br /> b. Assuring that small and minority businesses, and women's business enterprises are solicited <br /> whenever they are potential sources; <br /> c. Dividing total requirements, when economically feasible, into smaller tasks or quantities to <br /> permit maximum participation by small and minority businesses, and women's business <br /> enterprises; <br /> d. Establishing delivery schedules, where the requirement permits, which encourage participation <br /> by small and minority businesses, and women's business enterprises; and <br /> e. Using the services and assistance, as appropriate, of such organizations as the Small Business <br /> Administration and the Minority Business Development Agency of the Department of <br /> Commerce. <br /> The SUBRECIPIENT may also set utilization standards, based upon local conditions or may utilize the <br /> State of Washington MWBE goals, as identified in. WAC 326-30-041. <br /> A.40 VENUE <br /> This Agreement shall be construed and enforced in accordance with, and the validity and performance <br /> shall be governed by the laws of the State of Washington. Venue of any suit between the parties <br /> arising out of this Agreement shall be the Superior Court of Thurston County, Washington. The <br /> SUBRECIPIENT, by execution of this Agreement acknowledges the jurisdiction of the courts of the <br /> State of Washington. <br /> A.41 WAIVERS <br /> No conditions or provisions of this Agreement can be waived unless approved in advance by the <br /> DEPARTMENT in writing. The DEPARTMENT's failure to insist upon strict performance of any <br /> provision of the Agreement or to exercise any right based upon a breach thereof, or the acceptance of <br /> any performance during such breach, shall not constitute a waiver of any right under this Agreement. <br /> Public Assistance Grant Agreement Page 20 of 21 City of Everett, D16-640 <br />