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e <br /> 8 <br /> 1. A provision acceptable to the County that specifies how eligibility will be <br /> determined; <br /> 2. A provision acceptable to the County that specifies how service applicants and <br /> recipients will be informed of their right to a hearing in the case of: <br /> a. Denial or termination of service; and/or <br /> b. Failure to act upon a request for service with reasonable promptness; and <br /> 3. A provision acceptable to the County that states Subcontract termination shall <br /> not be grounds for a fair hearing for the service applicant or recipient under the <br /> terms of this section if: <br /> a. Similar services are immediately available in the County; or <br /> b. Termination was the result of termination under the clause of this Agreement <br /> captioned "Termination for Lack of Funding." <br /> G. The obligations, which shall be set forth in any Subcontract, include: <br /> 1. Performance of the Agency's obligations under the Subcontract; <br /> 2. Only subcontracting with entities or persons that maintain appropriate license, <br /> certification or government approvals when required; <br /> 3. Responsibility for Subagency compliance with the Subcontract terms, including <br /> reporting procedures; and <br /> 4. Seeking appropriate administrative, contractual, or legal remedies for Subagency <br /> breach of Contract terms. <br /> V. DUPLICATION OF EFFORT <br /> The Agency certifies that work to be performed under any Contract will not duplicate <br /> any work to be charged against any other contract, subcontract, or other source. <br /> VI. RELATIONSHIPS OF PARTIES <br /> The Agency will perform the services under this Agreement and any Contract as an <br /> independent contractor and not as an agent, employee, or servant of the County or any <br /> state or federal agency. The Agency, its agents and employees are not entitled to any <br /> benefits or rights enjoyed by employees of the County or any state or federal agency. <br /> The Agency shall direct and control Agency's own activities in providing services under <br /> this Agreement, any Contract, and any Subcontract approved by the County. The <br /> County shall only have the right to ensure performance. Nothing in this Agreement or <br /> any Contract shall be construed to render the parties partners or joint ventures. <br /> VII. DEBARMENT AND SUSPENSION <br /> All Contracts awarding federal resources are subject to the provisions of federal <br /> Executive Order 12549 and federal Executive Order 12689, "Debarment and <br /> Suspension," including any amendments, as follows: <br /> A. Agencies and Subagencies must not make any award or permit any award (contract <br /> or subcontract) at any tier to any party which is debarred or suspended or is <br /> otherwise excluded from or ineligible for participation in federal assistance programs <br /> Basic Terms end Conditions ACi eoment <br /> City of Everett <br /> HSD-2015-101-1 3 <br /> Page 5 of 31 <br /> 39 <br />