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State of Washington Departmsnt of Ecology <br />Agrccmcnt No: SWMLSWFA-2021-KiCpHD-00003 <br />Project Titl€: SWE Kittitas Co. pH <br />Recipient Namc: KITTI'IAS COUNTY PUBLIC HEALTLI <br />Fage l6 of20 <br />I6. KICKBACKS <br />RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to givo up <br />any pafi of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in retum for award <br />of a subcontract hereunder. <br />17. MINORITYAND WOMEN'S tsUSINESS ENTER"RISES (MWBE) <br />RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-ownsd <br />(wBE) businesses in purchases and contracts initiated under this Agreemcnt. <br />Contract awards or rejeetions cannot be made based on MWBE parlicipation; howcver, the RECIpIENT is encouraged to <br />take the following actions, when possible, in any procurement undcr this Agreement: <br />a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or <br />services. <br />b) Divide the total requirements, when economically feasiblc, into smaller tasks or quantities, to permit maximum participation <br />by qualified minoriry and women's businesses. <br />c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority ancl <br />women's businesses. <br />d) Use the services and assistance of the Washington State Offrce of Minority and. Women's Business Enterprises (OMWBE) <br />(866-208-1064) and the Offtce of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate, <br />18. ORDEROFPRECEDENCE <br />In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall bc rcsolved by giving <br />prccedence in the following order: (a) applicable federal and state statutes and regulations; (b) Thc Agreement; (c) Scope of <br />Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the <br />"Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding program Guidelines; and (g) <br />General Terms and Conditions. <br />19, PRESENTATIONANDPROMOTIONALMATERIALS <br />ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillment of <br />this Agreement: <br />a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to <br />production and distribution. <br />b) RECIPIENT shall include timc for ECOLOGY's rcview and approval process in their pruject timcline. <br />c) If requested, RECIPIENT shall provide ECOLOCY two (2) final copies and an electronic copy of any tangible pro<lucts <br />developed. <br />Copics include any printcd materials, and all tangible products developed such as brochurcs, manuals, pamphlets, vielcos, audio <br />tapcs, CDs, curriculum, posters, mcdia announcements, or gadgets with a message, such as a refrigerator magnet, and any <br />online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to providc a copy, thcn the <br />RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best rcpresents the item. <br />Any communications intcnded for public distribution that uses ECOLOGY's logo shall comply with ECOLOGy's graphic <br />requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGy's logo contact <br />ECOLOGY for guidelines. <br />RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGy. <br />20. PROGRESS REPORTING <br />Template Version I 2/l 0/2020