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<br />10 <br /> <br />11. CODE REQUIREMENTS <br />All construction and rehabilitation projects must satisfy the requirements of applicable local, state, and <br />federal building, mechanical, plumbing, fire, energy and barrier-free codes. Compliance with the <br />Americans with Disabilities Act of 1990 28 C.F.R. Part 35 will be required, as specified by the local <br />building Department. <br />12. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION <br />A. “Confidential Information” as used in this section includes: <br />1. All material provided to the Grantee by COMMERCE that is designated as “confidential” by <br />COMMERCE; <br />2. All material produced by the Grantee that is designated as “confidential” by COMMERCE; <br />and <br />3. All personal information in the possession of the Grantee that ma y not be disclosed under <br />state or federal law. “Personal information” includes but is not limited to information related to <br />a person’s name, health, finances, education, business, use of government services, <br />addresses, telephone numbers, social security number, driver’s license number and other <br />identifying numbers, and “Protected Health Information” under the federal Health Insurance <br />Portability and Accountability Act of 1996 (HIPAA). <br />B. The Grantee shall comply with all state and federal laws related to the use, sharing, transfer, sale, <br />or disclosure of Confidential Information. The Grantee shall use Confidential Information solely for <br />the purposes of this Grant and shall not use, share, transfer, sell or disclose any Confidential <br />Information to any third party except with the prior written consent of COMMERCE or as may be <br />required by law. The Grantee shall take all necessary steps to assure that Confidential <br />Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of <br />Confidential Information or violation of any state or federal laws related thereto. Upon request, <br />the Grantee shall provide COMMERCE with its policies and procedures on confidentiality. <br />COMMERCE may require changes to such policies and procedures as they apply to this Grant <br />whenever COMMERCE reasonably determines that changes are necessary to prevent <br />unauthorized disclosures. The Grantee shall make the changes within the time period specified <br />by COMMERCE. Upon request, the Grantee shall immediately return to COMMERCE any <br />Confidential Information that COMMERCE reasonably determines has not been adequately <br />protected by the Grantee against unauthorized disclosure. <br />C. Unauthorized Use or Disclosure. The Grantee shall notify COMMERCE within five (5) working <br />days of any unauthorized use or disclosure of any confidential information, and shall take <br />necessary steps to mitigate the harmful effects of such use or disclosure. <br />13. CONFLICT OF INTEREST <br />Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE <br />may, in its sole discretion, by written notice to the Grantee terminate this Grant if it is found after due <br />notice and examination by COMMERCE that there is a violation of the Ethics in Public Service Act, <br />Chapter 42.52 RCW; or any similar statute involving the Grantee in the procurement of, or <br />performance under this Grant. <br />Specific restrictions apply to contracting with current or former state employees pursuant to Cha pter <br />42.52 RCW. The Grantee and their subgrantee(s) must identify any person employed in any capacity <br />by the state of Washington that worked on the Community Development Block Grant program <br />including but not limited to formulating or drafting the legislation, participating in grant procurement <br />planning and execution, awarding grants, and monitoring grants, during the past 24 month period <br />preceding the start date of this Grant. Identify the individual by name, the agency previously or <br />currently employed by, job title or position held, and separation date. If is determined by <br />COMMERCE that a conflict of interest exists, the Grantee may be disqualified from further <br />consideration for the award of a Grant. <br />In the event this Grant is terminated as provided abov e, COMMERCE shall be entitled to pursue the <br />same remedies against the Grantee as it could pursue in the event of a breach of the Grant by the <br />Grantee. The rights and remedies of COMMERCE provided for in this clause shall not be exclusive <br />and are in addition to any other rights and remedies provided by law. The existence of facts upon