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4 <br /> A. Agencies and Subagencies must not make any award or permit any award (contract <br /> or subcontract)at any tier to any party which is debarred or suspended or is otherwise <br /> excluded from or ineligible for participation in federal assistance programs under <br /> federal Executive Order 12549 and federal Executive Order 12689, "Debarment and <br /> Suspension." Agencies shall consult and require their Subagencies at any tier, when <br /> charged as direct cost, to consult the consolidated list of "Parties Excluded from <br /> Federal Procurement and/or Nonprocurement Programs" to assure that they do not <br /> award federal grant funds to listed parties in violation of the federal Executive Orders. <br /> B. If an Agency believes that there are compelling reasons for making an award to a <br /> debarred, suspended, or voluntarily excluded person in a particular case, the Agency <br /> may apply for a waiver from this requirement, pursuant to federal Executive Order <br /> 12549. Such waivers will be granted only in unusual circumstances upon the written <br /> determination, by an authorized federal agency official, of the compelling reasons <br /> justifying the participation. <br /> C. The Agency, by signature to this Agreement and to each Contract into which this <br /> Agreement is incorporated, certifies that the Agency is not now or then presently <br /> debarred, suspended, proposed for debarment, declared ineligible, or voluntarily <br /> excluded from participating in any Contract by any federal department or agency. <br /> D. The Agency also agrees to include the following required language in all Subcontracts <br /> 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 County 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 /> Basic Terms and Conditions Agreement <br /> City of Everett <br /> HSD-2018-101-198 <br /> Page 6 of 31 <br /> 31 <br />