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8 <br /> D. Seeking appropriate administrative, contractual, or legal remedies for subcontractor breach of <br /> subcontract terms. <br /> DUPLICATION OF EFFORT <br /> The Contractor certifies that work to be performed under this Agreement will not duplicate any work to <br /> be charged against any other contract, subcontract, or other source. <br /> RELATIONSHIPS OF PARTIES <br /> The Contractor will perform the services under this Agreement as an independent contractor and not as <br /> an agent, employee or servant of the County or any state or federal agency. The Contractor, its agents <br /> and employees, are not entitled to any benefits or rights enjoyed by employees of the County. The <br /> Contractor shall direct and control contractor's own activities in providing services under this <br /> Agreement, and any subcontracts approved by the County. <br /> DEBARMENT AND SUSPENSION <br /> All contracts under this Agreement awarding federal resources are subject to the provisions of Federal <br /> Executive Order 12549, "Debarment and Suspension," including any amendments, as follows: <br /> A. Contractors and subcontractors must not make any award or permit any award (contract or <br /> subcontract) at any tier to any party which is debarred or suspended or is otherwise excluded <br /> from or ineligible for participation in federal assistance programs under Executive Order 12549, <br /> "Debarment and Suspension." Contractors shall consult and require their subcontractors at any <br /> tier when charged as direct costs, to consult the Consolidated List of "Parties Excluded from <br /> Federal Procurement and/or Nonprocurement Programs" to assure that they do not award federal <br /> grant funds to listed parties in violation of the Executive Order. <br /> B. If a Contractor believes that there are compelling reasons for making an award to a debarred, <br /> suspended or voluntarily excluded person in a particular case, the Contractor may apply for a <br /> waiver from this requirement, pursuant to Executive Order 12549. Such waivers will be granted <br /> only in unusual circumstances upon the written determination, by an authorized federal agency <br /> official, of the compelling reasons justifying the participation. <br /> CONFLICTS OF INTEREST AND KICKBACKS <br /> Employees, subcontractors, and board or committee members shall not use, or give the appearance of <br /> using, their positions for the personal gain of themselves or those with whom they have family, business, <br /> or other ties. <br /> Employees, subcontractors, and board or committee members shall not have or acquire any interest, <br /> direct or indirect, which would conflict with the performance of services under this Agreement. The <br /> Contractor shall not employ or subcontract with persons who have conflicts of interest, nor appoint them <br /> as members of its governing board or advisory committee(s). 4 6 <br /> April 14, 2004 Basic Terms &Conditions HSD-2004-05-198 <br /> City of Everett <br /> Page 4 <br />