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<br /> This obligation includes, but is not limited to, compliance with Ethics in Public Service (RCW 42.52);
<br /> Covenant Against Contingent Fees (48 C.F.R. § 52.203-5); Public Records Act (RCW 42.56); Drug-
<br /> Free Workplace Act of 1988 (41 U.S.C. § 701 et seq. and 15 C.F.R. Part 29); Lobbying Restrictions (31
<br /> U.S.C. § 1352 and 15 C.F.R. Part 28); and safety and health regulations. The Department is not
<br /> responsible for advising the Contractor about, or determining the Contractor's compliance with,
<br /> applicable laws, regulations and policies.
<br /> In the event of the Contractor's or a subcontractor's noncompliance or refusal to comply with any
<br /> applicable law, regulation or policy, the Department may rescind, cancel, or terminate the contract in
<br /> whole or in part. The Contractor is responsible for any and all costs or liability arising from the
<br /> Contractor's failure to comply with applicable law, regulation or policy.
<br /> 7. NONDISCRIMINATION
<br /> During the performance of this contract, the Contractor shall comply with all federal and state
<br /> nondiscrimination statutes and regulations. These requirements include, but are not limited to:
<br /> a. Nondiscrimination in Employment: The Contractor shall not discriminate against any employee
<br /> or applicant for employment because of race, color, sex, sexual orientation, religion, national
<br /> origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of
<br /> any sensory, mental, or physical handicap. Such action shall include, but not be limited to, the
<br /> following: Employment, upgrading, demotion, or transfer, recruitment or recruitment selection
<br /> for training, including apprenticeships and volunteers. This requirement does not apply,
<br /> however, to a religious corporation, association, educational institution or society with respect to
<br /> the employment of individuals of a particular religion to perform work connected with the
<br /> carrying on by such corporation, association, educational institution or society of its activities.
<br /> b. Nondiscrimination laws and policies (such as RCW 49.60, Washington's Law Against
<br /> Discrimination, and Title VII of the Civil Rights Act).
<br /> 8. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. § 12101
<br /> et seq. and 28 C.F.R Part 35 and other implementing regulations. The Contractor must comply with the
<br /> ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of
<br /> employment, public accommodations, state and local government services, and telecommunication.
<br /> 9. UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE)
<br /> The Contractor is encouraged to utilize firms that are certified by the Washington State Office of
<br /> Minority and Women's Business Enterprises as minority-owned and/or women-owned in carrying out
<br /> the purposes of this contract.
<br /> 10. PUBLICITY
<br /> The Contractor agrees to submit to the Department all advertising and publicity relating to this contract
<br /> wherein the Department's name is mentioned or language used from which the connection of the
<br /> Department's name may, in the Department's judgment, be inferred or implied. The Contractor agrees
<br /> not to publish or use such advertising and publicity without the prior written consent of the Department.
<br /> 11. DISCLOSURE
<br /> The use or disclosure by any party of any information concerning the Department for any purpose not
<br /> directly connected with the administration of the Department's or the Contractor's responsibilities with
<br /> respect to services provided under this contract is prohibited except by prior written consent of the
<br /> Department or as required to comply with the Public Records Act or court order.
<br /> 12. CERTIFICATION REGARDING DEBARMENT SUSPENSION OR INELIGIBILITY
<br /> If federal funds are the basis for this contract, the Contractor certifies that neither the Contractor nor its
<br /> principals are presently debarred, suspended, proposed for debarment, declared ineligible, or
<br /> voluntarily excluded from participating in this contract by any federal department or agency. If
<br /> requested by the Department, the Contractor shall complete and sign a Certification Regarding
<br /> Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed by the
<br /> Contractor for this Contract shall be incorporated into this Contract by reference.
<br /> DHS-FEMA-EMPG-FFY 10 Page 9 of 21 City of Everett Emergency Management
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