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any other persons for whom the sponsor may be legally liable.
<br />The sponsor specifically assumes potential liability for actions brought by the sponsor's own employees or its agents against the State
<br />and, solely for the purpose of this indemnification and defense, the sponsor specifically waives any immunity under the state industrial
<br />insurance law, RCW Title 51.
<br />The RCO is included within the term State, as are all other agencies, departments, boards, or other entities of state government.
<br />SECTIONS. INDEPENDENT CAPACITY OF THE SPONSOR
<br />The sponsor and its employees or agents performing under this Agreement are not officers, employees or agents of the RCO. The
<br />sponsor will not hold itself out as nor claim to be an officer, employee or agent of the RCO or of the state of Washington, nor will the
<br />sponsor make any claim of right, privilege or benefit which would accrue to an employee under RCW 41.06 or 28B.
<br />The sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of any kind required by federal,
<br />state, and/or local laws.
<br />SECTION 7. CONFLICT OF INTEREST
<br />Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole discretion, by written notice to
<br />the sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation of the Ethics in
<br />Public Service Act, RCW 42.52; or any similar statute involving the sponsor in the procurement of, or performance under, this
<br />Agreement.
<br />In the event this Agreement is terminated as provided herein, RCO shall be entitled to pursue the same remedies against the sponsor
<br />as it could pursue in the event of a breach of the Agreement by the sponsor. The rights and remedies of RCO provided for in this
<br />clause shall not be exclusive and are in addition to any other rights and remedies provided by law or this Agreement.
<br />SECTIONS. COMPLIANCE WITH APPLICABLE LAW
<br />The sponsor will implement the Agreement in accordance with applicable federal, state, and local laws, regulations and the RCO
<br />policies regardless of whether the sponsor is a public or non-public organization.
<br />Pursuant to RCW 43.21 C.0382, all of RCO's activities and programs are exempt from threshold determinations and environmental
<br />impact statement requirements.
<br />The sponsor shall comply with, and RCO is not responsible for determining compliance with, any and all applicable federal, state, and
<br />local laws, regulations, andlor policies, including, but not limited to: Stale Environmental Policy Act; Industrial Insurance Coverage;
<br />Architectural Barriers Act; permits (shoreline, Hydraulics Project Approval, demolition); land use regulations (critical areas ordinances,
<br />Growth Management Act); federal and state safety and health regulations (Occupational Safety and Health AdministrationfWashington
<br />Industrial Safety and Health Act); and Buy American Act.
<br />A. Nondiscrimination Laws. The sponsor shall not discriminate against users of projects assisted with board funds on the basis of
<br />race, creed, color, sex, religion, national origin, disability, marital status, or sexual orientation and must comply with all applicable
<br />federal, state, and local 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 refusal to comply with any
<br />nondiscrimination law or policy, the Agreement may be rescinded, cancelled, or terminated in whole or in part, and the sponsor
<br />may be declared ineligible for further grant awards from the RCO. 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. Wages and Job Safety. The sponsor agrees to comply with all applicable laws, regulations, and policies of the United States and
<br />the State of Washington, which affect wages and job safety. The sponsor agrees when state prevailing wage laws (RCW 39.12)
<br />are applicable, to comply with such laws, to pay the prevailing rate of wage to all workers, laborers, or mechanics employed in the
<br />performance of any part of this contract, and to file a statement of intent to pay prevailing wage with the Washington State
<br />Department of Labor and Industries as required by RCW 39.12.040. The sponsor also agrees to comply with the provisions of the
<br />rules and regulations of the Washington State Department of Labor and Industries.
<br />C. Archaeological and Cultural Resources. The RCO facilitates the review of applicable projects for potential impacts to
<br />archaeological sites and state cultural resources. The sponsor must assist RCO in compliance with Executive Order 05-05 or the
<br />National Historic Preservation Act before initiating ground -disturbing activity. The RCO requires documented compliance with
<br />Executive Order 05-05 or Section 106 of the National Historic Preservation Act, whichever is applicable to the project. If a federal
<br />agency declines to consult, the 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 discovery and immediate
<br />vicinity must stop instantly, the area must be secured, and notification must be provided to the following: concerned Tribes'
<br />cultural staff and cultural committees, RCO, and the State Department of Archaeology and Historic Preservation. If human
<br />remains are discovered during project activity, work in the location of discovery and immediate vicinity must stop instantly, the
<br />area must be secured, and notification provided to the concerned Trlbe's cultural staff and cultural committee, RCO, State
<br />Department of Archaeology, the coroner and local law enforcement in the most expeditious manner possible according to RCW
<br />68.50.
<br />RCO 16-1860C
<br />Page 8 of 23
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