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Agreement is terminated based on a violation of the nondiscrimination requirement. WSDA shall have the
<br />right to deduct from any monies due to Grantee or subcontractor, or that thereafter become due, an
<br />amount for damages Grantee or subcontractor will owe WSDA for default under this provision.
<br />21. HISTORICAL AND CULTURAL ARTIFACTS
<br />Prior to approval and disbursement of any funds awarded under this Agreement, Grantee shall cooperate with
<br />WSDA to complete the requirements of Governor's Executive Order 21-02 or Grantee shall complete a review
<br />under Section 106 of the National Historic Preservation Act, if applicable. WSDA will not disburse any funds
<br />under this Agreement unless and until WSDA determines that adequate consultation has been completed
<br />as required by Executive Order 21-02. Project activities commenced prior to the completion of adequate
<br />consultation may not be reimbursed and are undertaken at Grantee's own risk.
<br />Grantee agrees that the Grantee is legally and financially responsible for compliance with all laws, regulations,
<br />and agreements related to the preservation of historical or cultural resources and agrees to hold harmless WSDA
<br />and the state of Washington in relation to any claim related to such historical or cultural resources discovered,
<br />disturbed, or damaged as a result of the project funded by this Agreement.
<br />In addition to the requirements set forth in this Agreement, Grantee shall, in accordance with Governor's
<br />Executive Order 21-02 as applicable, coordinate with WSDA and the Washington State Department of
<br />Archaeology and Historic Preservation ("DAHP"), including any recommended consultation with any affected
<br />tribe(s), during Capital Project design and prior to construction to determine the existence of any tribal cultural
<br />resources affected by the Capital Project. GRANTEE agrees to avoid, minimize, or mitigate impacts to the
<br />cultural resource as a continuing prerequisite to receipt of funds under this Agreement.
<br />The Grantee agrees that, unless the Grantee is proceeding under an approved historical and cultural monitoring
<br />plan or other memorandum of agreement, if historical or cultural artifacts are discovered during construction, the
<br />Grantee shall immediately stop construction and notify the local historical preservation officer and the state's
<br />historical preservation officer at DAHP, and the WSDA Representative identified on the Grant Agreement Face
<br />Sheet. If human remains are uncovered, the Grantee shall report the presence and location of the remains to the
<br />coroner and local enforcement immediately, then contact DAHP and the concerned tribe's cultural staff or
<br />committee.
<br />The Grantee shall require this provision to be contained in all subcontracts for work or services for any activities
<br />associated with the Capital Project to be funded under this Agreement.
<br />In addition to the requirements set forth in this Agreement, Grantee agrees to comply with RCW 27.44 regarding
<br />Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources; RCW 68.60 regarding
<br />Abandoned and Historic Cemeteries and Historic Graves; and WAC 25-48 regarding Archaeological Excavation
<br />and Removal Permits.
<br />Completion of the requirements of Section 106 of the National Historic Preservation Act shall substitute for
<br />completion of Governor's Executive Order 21-02.
<br />In the event that the parties find it necessary to amend the scope of the Capital Project, the Grantee may be
<br />required to re -comply with Governor's Executive Order 21-02, or Section 106 of the National Historic Preservation
<br />Act.
<br />22. CONFLICT OF INTEREST
<br />Grantees must maintain and comply with written standards of conduct covering conflicts of interest and governing
<br />the actions of its employees engaged in the selection, award and administration of contracts. Grantee must
<br />comply with the following minimum requirements:
<br />No employee, officer, or agent may participate in the selection, award, or administration of a contract supported
<br />by a grant award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise
<br />when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an
<br />organization which employs or is about to employ any of the parties indicated herein, has a financial or other
<br />interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and
<br />agents of the Grantee may neither solicit nor accept gratuities, favors, or anything of monetary value from
<br />contractors or parties to subcontracts and must comply with RCW 39.26.020. However, Grantee may set
<br />standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal
<br />value. The standards of conduct must provide for disciplinary actions to be applied for violations of such
<br />standards by officers, employees, or agents of the Grantee.
<br />If the Grantee has a parent, affiliate, or subsidiary organization that is not a state, local government, or federally
<br />recognized tribe, the Grantee must also maintain written standards of conduct covering organizational conflicts of
<br />Kittitas County
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<br />Fair Capital Project Grant
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