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Section 4
<br /> No Obligation by the Federal Government
<br /> A. The STATE and the COUNTY acknowledge and agree that, regardless of any concurrence
<br /> by the Federal Government or approval of the solicitation or award of this Task Order, the
<br /> Federal Government is not a party to this Task Order and shall not be subject to any obligations
<br /> or liabilities to the COUNTY, subcontractor, lessee or any other participant at any tier of the
<br /> Work (whether or not a PARTY to this Task Order) pertaining to any matter resulting from this
<br /> Task Order.
<br /> B. No contract between the COUNTY and its subcontractors, lessees, or any other participant
<br /> at any tier of the Work shall create any obligation or liability of the STATE with regard to this
<br /> Task Order without the STATE's specific written consent, notwithstanding its concurrence in, or
<br /> approval of, the award of any contract or subcontract or the solicitations thereof. The COUNTY
<br /> hereby agrees to include this provision in all contracts it enters into for the employment of any
<br /> individuals, procurement of any materials, or the performance of any Work to be accomplished
<br /> under this Task Order.
<br /> Section 5
<br /> Ethics
<br /> A. Code of Ethics. The COUNTY agrees to maintain a written code or standards of conduct
<br /> that shall govern the performance of its officers, employees, board members, or agents
<br /> engaged in the award and administration of contracts, subagreements, leases, third party
<br /> contracts, or other arrangements supported by Federal assistance. The code or standards shall
<br /> provide that the COUNTY'S officers, employees, board members, or agents may neither solicit
<br /> nor accept gratuities, favors, or anything of monetary value from any present or potential
<br /> subcontractor, lessee, sub-recipient, or participant at any tier of the Work, or agent thereof. The
<br /> COUNTY may set de-minimis rules where the financial interest is not substantial, or the gift is
<br /> an unsolicited item of nominal intrinsic value. These codes or standards shall prohibit the
<br /> COUNTY'S officers, employees, board members, or agents from using their positions for a
<br /> purpose that constitutes or presents the appearance of personal or organizational conflict of
<br /> interest or personal gain. As permitted by State or Local Law or Regulations, such code or
<br /> standards shall include penalties, sanctions, or other disciplinary actions for violations by the
<br /> COUNTY'S officers, employees, board members, or agents, or by subcontractors, lessees or
<br /> sub-recipients, other participants or their agents. The COUNTY must fully comply with all the
<br /> requirements and obligations of chapter 42.52 RCW that govern ethics in State and Local
<br /> Governments.
<br /> 1. Personal Conflict of Interest. The COUNTY'S code or standards shall prohibit the
<br /> COUNTY'S employees, officers, board members, or agents from participating in the
<br /> selection, award, or administration of a contract supported by "Federal Funds" if a real or
<br /> apparent conflict of interest would be involved. Such a conflict would arise when any of
<br /> the parties set forth below has a financial or other interest in the firm or entity selected
<br /> for award:
<br /> a. The employee, officer, board member, or agent;
<br /> b. Any member of his or her immediate family;
<br /> c. His or her partner; or
<br /> d. An organization that employs, or is about to employ, any of the above.
<br /> 2. Organizational Conflict of Interest. The COUNTY'S code or standard of conduct
<br /> must include procedures for identifying and preventing real and apparent organizational
<br /> conflicts of interest. An organizational conflict of interest exists when the nature of the
<br /> Work to be performed under a proposed third party contract, subagreement, lease, or
<br /> other arrangement at any tier may, without some restrictions on future activities, result in
<br /> GCA 6141 Exhibit A FTA Provisions Page 3 of 12
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