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Public Assistance Grant Agreement Page 20 of 21 Kittitas County, D20-189 <br />g.Take such action as may be necessary, or as the DEPARTMENT may require, for the protection <br />and preservation of the property related to this Agreement which is in the possession of the <br />SUBRECIPIENT and in which the DEPARTMENT has or may acquire an interest. <br />A.39 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE) <br />The SUBRECIPIENT shall comply with 2 CFR §200.321 and will take all necessary affirmative steps to <br />assure that minority firms, women's business enterprises, and labor surplus area firms are used when <br />possible and will take all necessary affirmative steps to utilize business firms that are certified as <br />minority-owned and/or women-owned in carrying out the purposes of this Agreement. The following <br />steps are required by the subrecipient if any contracts with contractors or sub-contractors are entered <br />into under the original contract award: <br />a.Placing qualified small and minority businesses and women’s business enterprises on <br />solicitation lists; <br />b.Assuring that small and minority businesses, and women’s business enterprises are solicited <br />whenever they are potential sources; <br />c.Dividing total requirements, when economically feasible, into smaller tasks or quantities to <br />permit maximum participation by small and minority businesses, and women’s business <br />enterprises; <br />d.Establishing delivery schedules, where the requirement permits, which encourage participation <br />by small and minority businesses, and women’s business enterprises; and <br />e.Using the services and assistance, as appropriate, of such organizations as the Small Business <br />Administration and the Minority Business Development Agency of the Department of <br />Commerce. <br />The SUBRECIPIENT may also set utilization standards, based upon local conditions or may utilize the <br />State of Washington MWBE goals, as identified in. WAC 326-30-041. <br />A.40 VENUE <br />This Agreement shall be construed and enforced in accordance with, and the validity and per formance <br />shall be governed by the laws of the State of Washington. Venue of any suit between the parties <br />arising out of this Agreement shall be the Superior Court of Thurston County, Washington. The <br />SUBRECIPIENT, by execution of this Agreement acknowledges the jurisdiction of the courts of the <br />State of Washington. <br />A.41 WAIVERS <br />No conditions or provisions of this Agreement can be waived unless approved in advance by the <br />DEPARTMENT in writing. The DEPARTMENT's failure to insist upon strict performance of any <br />provision of the Agreement or to exercise any right based upon a breach thereof, or the acceptance of <br />any performance during such breach, shall not constitute a waiver of any right under this Agreement.