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State of Washington Department of Ecology Page 21 of 38
<br /> Agreement No: WQC-2019-EverPW-00052
<br /> Project Title: Port Gardner Bay Outfalls Water Quality Treatment Retrofit
<br /> Recipient Name: City of Everett Public Works Department
<br /> https://www.sam.gov,is kept current through project closeout.This requires that the RECIPIENT reviews and updates
<br /> the information at least annually after the initial registration,and more frequently if information changes.
<br /> F.Disadvantaged Business Enterprise(DBE): General Compliance,40 CFR,Part 33. The RECIPIENT agrees to
<br /> comply with the requirements of the Environmental Protection Agency's Program for Utilization of Small,Minority,
<br /> and Women's Business Enterprises(MBE/WBE)40CFR,Part 33 in procurement under this agreement.
<br /> Six Good Faith Efforts,40 CFR,Part 33, Subpart C. The RECIPIENT agrees to make the following good faith efforts
<br /> whenever procuring construction, equipment,services, and supplies under this agreement. Records documenting
<br /> compliance with the following six good faith efforts shall be retained:
<br /> 1)Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent
<br /> practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government
<br /> RECIPIENTs,this shall include placing Disadvantaged Business Enterprises on solicitation lists and soliciting them
<br /> whenever they are potential sources.
<br /> 2)Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time
<br /> frames for contracts and establish delivery schedules,where the requirements permit,in a way that encourages and
<br /> facilitates participation by Disadvantaged Business Enterprises in the competitive process. This includes,whenever
<br /> possible,posting solicitations for bids or proposals for a minimum of thirty(30)calendar days before the bid or
<br /> proposal closing date.
<br /> 3)Consider,in the contracting process,whether firms competing for large contracts could subcontract with
<br /> Disadvantaged Business Enterprises. For Indian Tribal, State,and Local Government RECIPIENTs,this shall include
<br /> dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum
<br /> participation by Disadvantaged Business Enterprises in the competitive process.
<br /> 4)Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for
<br /> one of these firms to handle individually.
<br /> 5)Use services and assistance of the Small Business Administration and the Minority Business Development Agency
<br /> of the Department of Commerce.
<br /> 6)If the prime contractor awards subcontracts,require the prime contractor to take the five good faith efforts steps in
<br /> paragraphs 1 through 5 above.
<br /> The RECIPIENT agrees to submit ECOLOGY's Contractor Participation Report Form D with each payment request.
<br /> Contract Administration Provisions,40 CFR, Section 33.302. The RECIPIENT agrees to comply with the contract
<br /> administration provisions of 40 CFR, Section 33.302.
<br /> Non-discrimination Provision. The RECIPIENT shall not discriminate on the basis of race,color,national origin or
<br /> sex in the performance of this agreement. The RECIPIENT shall carry out applicable requirements of 40 CFR Part 33
<br /> in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the
<br /> RECIPIENT to carry out these requirements is a material breach of this agreement which may result in the termination
<br /> of this contract or other legally available remedies.
<br /> This does not preclude the RECIPIENT from enacting broader nondiscrimination protections.
<br /> The RECIPIENT shall comply with all federal and state nondiscrimination laws,including but not limited to,Title VI
<br /> and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973,Title IX of the Education
<br /> Amendments of 1972,the Age Discrimination Act of 1975,and Chapter 49.60 RCW,Washington's Law Against
<br /> Discrimination,and 42 U.S.C. 12101 et seq,the Americans with Disabilities Act(ADA).
<br /> In the event of the RECIPIENT's noncompliance or refusal to comply with any applicable nondiscrimination law,
<br /> regulation,or policy,this agreement may be rescinded,canceled,or terminated in whole or in part and the
<br /> RECIPIENT may be declared ineligible for further funding from ECOLOGY. The RECIPIENT shall,however,be
<br /> given a reasonable time in which to cure this noncompliance.
<br /> The RECIPIENT shall include the following terms and conditions in contracts with all contractors, subcontractors,
<br /> engineers,vendors,and any other entity for work or services pertaining to this agreement.
<br /> "The Contractor will not discriminate on the basis of race,color,national origin or sex in the performance of this
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