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In implementing the Agreement, the Sponsor shall comply with all applicable federal, state, and local laws
<br /> (including without limitation all applicable ordinances, codes, rules, and regulations). Such compliance
<br /> includes, without any limitation as to other applicable laws, the following laws:
<br /> A. Nondiscrimination Laws. The Sponsor shall comply with all applicable federal, state, and local
<br /> nondiscrimination laws and/or policies, including but not limited to: the Americans with Disabilities Act;
<br /> Civil Rights Act; and the Age Discrimination Act. In the event of the Sponsor's noncompliance or
<br /> refusal to comply with any nondiscrimination law or policy, the Agreement may be rescinded,
<br /> cancelled, or terminated in whole or in part, and the Sponsor may be declared ineligible for further
<br /> grant awards from the funding board. The Sponsor is responsible for any and all costs or liability
<br /> arising from the Sponsor's failure to so comply with applicable law.
<br /> B. Secular Use of Funds. No funds awarded under this grant may be used to pay for any religious
<br /> activities,worship, or instruction, or for lands and facilities for religious activities, worship, or
<br /> instruction. Religious activities, worship, or instruction may be a minor use of the grant supported
<br /> recreation and conservation land or facility.
<br /> C. Wages and Job Safety.The Sponsor agrees to comply with all applicable laws, regulations, and
<br /> policies of the United States and the State of Washington or other jurisdiction which affect wages and
<br /> job safety.The Sponsor agrees when state prevailing wage laws (RCW 39.12)are applicable, to
<br /> comply with such laws, to pay the prevailing rate of wage to all workers, laborers, or mechanics
<br /> employed in the performance of any part of this contract, and to file a statement of intent to pay
<br /> prevailing wage with the Washington State Department of Labor and Industries as required by RCW
<br /> 39.12.040. 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. Exception, Service Organizations of Trail and Environmental Projects (RCW
<br /> 79A.35.130). If allowed by state and federal law and rules, participants in conservation corps
<br /> programs offered by a nonprofit organization affiliated with a national service organization
<br /> established under the authority of the national and community service trust act of 1993, P.L.
<br /> 103-82, are exempt from provisions related to rates of compensation while performing
<br /> environmental and trail maintenance work provided: (1)The nonprofit organization must be
<br /> registered as a nonprofit corporation pursuant to RCW 24.03; (2) The nonprofit organization's
<br /> management and administrative headquarters must be located in Washington; (3) Participants
<br /> in the program must spend at least fifteen percent of their time in the program on education
<br /> and training activities; and (4) Participants in the program must receive a stipend or living
<br /> allowance as authorized by federal or state law. Participants are exempt from provisions
<br /> related to rates of compensation only for environmental and trail maintenance work conducted
<br /> pursuant to the conservation corps program.
<br /> D. Archaeological and Cultural Resources. RCO facilitates the review of applicable projects for
<br /> potential impacts to archaeological sites and state cultural resources. The Sponsor must assist RCO
<br /> in compliance with Governor's Executive Order 05-05 or the National Historic Preservation Act before
<br /> and after initiating ground-disturbing activity or construction, repair, installation, rehabilitation,
<br /> renovation, or maintenance work on lands, natural resources, or structures. The funding board
<br /> requires documented compliance with Executive Order 05-05 or Section 106 of the National Historic
<br /> Preservation Act, whichever is applicable to the project. If a federal agency declines to consult, the
<br /> Sponsor shall comply with the requirements of Executive Order 05-05. In the event that
<br /> archaeological or historic materials are discovered during project activities,work in the location of
<br /> discovery and immediate vicinity must stop instantly, the area must be secured, and notification must
<br /> be provided to the following: concerned Tribes'cultural staff and cultural committees, RCO, and the
<br /> State Department of Archaeology and Historic Preservation. If human remains are discovered during
<br /> project activity, work in the location of discovery and immediate vicinity must stop instantly, the area
<br /> must be secured, and notification provided to the concerned Tribe's cultural staff and cultural
<br /> committee, RCO, State Department of Archaeology,the coroner and local law enforcement in the
<br /> most expeditious manner possible according to RCW 68.50.
<br /> RCO 16-1310D Revision Date: 1/11/2018 Page 12 of 37
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