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Mitigation Project Grant Agreement Page 11 of 29 City of Everett, D22-024 Revised
<br />Form 4/17/2020
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<br />A.7 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY
<br /> As federal funds are a basis for this Agreement, the SUBRECIPIENT certifies that the SUBRECIPIENT
<br />is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
<br />excluded from participating in this Agreement by any federal department or agency.
<br /> The SUBRECIPIENT shall complete, sign, and return a Certification Regarding Debarment, Suspension,
<br />Ineligibility, and Voluntary Exclusion form located at http://mil.wa.gov/emergency-management-
<br />divison/grants/requiredgrantforms. Any such form completed by the SUBRECIPIENT for this Agreement
<br />shall be incorporated into this Agreement by reference.
<br /> Further, the SUBRECIPIENT agrees to comply with all applicable federal regulations concerning the
<br />federal debarment and suspension system, including 2 CFR Part 180. The SUBRECIPIENT certifies that
<br />it will ensure that potential sub-contractors or sub-recipients or any of their principals are not debarred,
<br />suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in
<br />“covered transactions” by any federal department or agency. “Covered transactions” include
<br />procurement contracts for goods or services awarded under a non-procurement transaction (e.g. grant
<br />or cooperative agreement) that are expected to equal or exceed $25,000, and sub-awards to sub-
<br />recipients for any amount. With respect to covered transactions, the SUBRECIPIENT may comply with
<br />this provision by obtaining a certification statement from the potential sub-contractor or sub-recipient or
<br />by checking the System for Award Management (http://www.sam.gov) maintained by the federal government.
<br />The SUBRECIPIENT also agrees not to enter into any arrangements or contracts with any party on the Washington
<br />State Department of Labor and Industries’ “Debarred Contractor List”
<br />(http://www.lni.wa.gov/TradesLicensing/PrevWage/AwardingAgencies/DebarredContractors/). The
<br />SUBRECIPIENT also agrees not to enter into any agreements or contracts for the purchase of goods and services
<br />with any party on the Department of Enterprise Services’ Debarred Vendor List
<br />(http://www.des.wa.gov/services/ContractingPurchasing/Business/Pages/Vendor-Debarment.aspx).
<br />A.8 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
<br />As required by 44 CFR Part 18, the SUBRECIPIENT hereby certifies that to the best of their knowledge
<br />and belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the
<br />SUBRECIPIENT to any person for influencing or attempting to influence an officer or employee of an
<br />agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
<br />Congress in connection with the awarding of any federal contract, the making of any federal grant, the
<br />making of any federal loan, the entering into of any cooperative agreement, and the extension,
<br />continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative
<br />agreement; (2) that if any funds other than federal appropriated funds have been paid or will be paid to
<br />any person for influencing or attempting to influence an officer or employee of any agency, a Member of
<br />Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
<br />with this Agreement, grant, loan, or cooperative agreement, the SUBRECIPIENT will complete and
<br />submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;
<br />(3) and that, as applicable, the SUBRECIPIENT will require that the language of this certification be
<br />included in the award documents for all subawards at all tiers (including sub-contracts, sub-grants, and
<br />contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and
<br />disclose accordingly. This certification is a material representation of fact upon which reliance was placed
<br />when this transaction was made or entered into, and is a prerequisite for making or entering into this
<br />transaction imposed by section 1352, title 31, U.S. Code.
<br />A.9 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES
<br /> The SUBRECIPIENT and all its contractors shall comply with, and the DEPARTMENT is not responsible
<br />for determining compliance with, any and all applicable federal, state, and local laws, regulations,
<br />executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited to:
<br />nondiscrimination laws and/or policies, Equal Employment Opportunity, as amended by Executive Order
<br />11375 of October 13, 1967, as supplemented by Department of Labor regulations (41 CFR chapter 60);
<br />Copeland Anti-Kickback Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29
<br />CFR Part 3); Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor
<br />regulations (29 CFR Part 5); Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33
<br />U.S.C. 1368), Executive Order 11738, Environmental Protection Agency regulations (40 CFR part 15);
<br />Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as
<br />supplemented by Department of Labor regulations (29 CFR Part 5); Energy Policy and Conservation Act
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