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GENERAL TERMS AND CONDITIONS <br /> INTERAGENCY 2 <br /> FEDERAL FUNDS <br /> Contractor's agents, employees, representatives, or any Subcontractor or its agents, employees, or <br /> representatives. <br /> The Contractor's obligation to indemnify, defend, and hold harmless shall not be eliminated by any <br /> actual or alleged concurrent negligence of the state or its agents, agencies, employees and officers. <br /> Subcontracts shall include a comprehensive indemnification clause holding harmless the Contractor, <br /> COMMERCE, the state of Washington, its officers, employees and authorized agents. <br /> The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, <br /> defend and hold harmless the state and its agencies, officers, agents or employees. <br /> 13. INDEPENDENT CAPACITY OF THE CONTRACTOR <br /> The parties intend that an independent contractor relationship will be created by this Contract. The <br /> Contractor and its employees or agents performing under this Contract are not employees or agents <br /> of the state of Washington or COMMERCE. The Contractor will not hold itself out as or claim to be <br /> an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the <br /> Contractor make any claim of right, privilege or benefit which would accrue to such officer or <br /> employee under law. Conduct and control of the work will be solely with the Contractor. <br /> 14. LAWS <br /> The Contractor shall comply with all applicable laws, ordinances, codes, regulations, and policies of <br /> local, state, and federal governments, as now or hereafter amended, including, but not limited to: <br /> United States Laws, Regulations and Circulars (Federal) <br /> A. Audits <br /> Office of Management and Budget(OMB) Revised Circular A-133"Audits of States, Local <br /> Governments, and Non-Profit Organizations." <br /> B. Labor and Safety Standards <br /> Convict Labor, 18 U.S.C. 751, 752, 4081,4082. <br /> Drug-Free Workplace Act of 1988, 41 USC 701 et seq. <br /> Federal Fair Labor Standards Act, 29 U.S.C. 201 et seq. <br /> Work Hours and Safety Act of 1962, 40 U.S.C. 327-330 and Department of Labor Regulations, 29 <br /> CFR Part 5. <br /> C. Laws against Discrimination <br /> Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C. 6101-07, 45 CFR Part 90 <br /> Nondiscrimination in Federally Assisted Programs. <br /> Americans with Disabilities Act of 1990, Public Law 101-336. <br /> Equal Employment Opportunity, Executive Order 11246, as amended by Executive Order 11375 <br /> and supplemented in U.S. Department of Labor Regulations, 41 CFR Chapter 60. <br /> Executive Order 11246, as amended by EO 11375, 11478, 12086 and 12102. <br /> Handicapped Employees of Government Contractors, Rehabilitation Act of 1973, Section <br /> 503, 29 U.S.C. 793. <br /> Handicapped Recipients of Federal Financial Assistance, Rehabilitation Act of 1973, Section 504, <br /> 29 U.S.C. 794. <br /> Minority Business Enterprises, Executive Order 11625, 15 U.S.C. 631. <br /> Minority Business Enterprise Development, Executive Order 12432, 48 FR 32551. <br /> 11 17 <br />