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into which it enters, resulting directly from the Agency's duty to provide services under <br /> any Contract: <br /> LOWER TIER COVERED TRANSACTIONS <br /> 1. The lower tier subagency certifies, by signing this contract, that neither it nor its <br /> principals is presently debarred, suspended, proposed for debarment, declared <br /> ineligible, or voluntarily excluded from participation in this transaction by any <br /> Federal department or agency. <br /> 2. When the lower tier subagency is unable to certify to any of the statements in the <br /> contract, such subagency shall attach an explanation to the contract. <br /> E. The Agency shall notify the City within one (1) business day of any debarment <br /> proceedings brought against it or any of its Subcontractors. <br /> VIII. CONFLICTS OF INTEREST AND KICKBACKS <br /> A. The Agency's employees, subagencies, and board or committee members shall not <br /> use, or give the appearance of using, their positions for the personal gain of <br /> themselves or those with whom they have family, business, or other ties. <br /> B. The Agency's employees, subagencies, and board or committee members shall not <br /> have or acquire any interest, direct or indirect, which would conflict with the <br /> performance of services under any Contract. The Agency shall not employ or <br /> subcontract with persons who have conflicts of interest, nor appoint them as members <br /> of its governing board or advisory committee(s). <br /> C. Personnel and governing board or advisory committee policies of the Agency shall <br /> include written standards of conduct governing conflict of interest and kickbacks. <br /> D. Gratuities in the form of entertainment, gifts, or otherwise offered by the Agency or an <br /> agent or representative of the Agency to any officer or employee of the City, with a <br /> view towards securing any Contract or securing favorable treatment with respect to <br /> the awarding, amending, or the making of any determination, will render any Contract <br /> voidable at the option of the City. <br /> E. The City may, by written notice to the Agency, suspend or terminate any Contract in <br /> whole or in part if it is found that any of the following laws, or their successors, have <br /> been violated in obtaining this Agreement or any Contract, or in securing favorable <br /> treatment with respect to the awarding, amending, or the making of any <br /> determinations with respect to this Agreement, any Contract or any Contracts or <br /> Subcontracts entered by the Agency or agencies contracting with the Agency under <br /> authority of this Agreement: <br /> 1. Misconduct of Public Officers, Chapter 42.20 RCW; <br /> 2. Ethics in Public Service, Chapter 42.52 RCW; <br /> 3. Kickbacks from Public Works Employees, 18 U.S.C. § 874. <br /> Exhibit A <br /> City of Everett and Everett Gospel Mission <br /> Pallet Shelter Pilot Community Agreement <br /> Page 7 of 33 <br />