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DHS-FEMA-EMPG-FFY 15 Page 13 of 30 Kittitas, County of, E16-157
<br />A.8 CONFLICT OF INTEREST
<br /> No officer or employee of the Department; no member, officer, or employee of the
<br />Subrecipient or its designees or agents; no member of the governing body of the
<br />jurisdiction in which the project is undertaken or located; and no other official of the
<br />Subrecipient who exercises any functions or responsibilities with respect to the project
<br />during his or her tenure, shall have any personal or pecuniary gain or interest, direct or
<br />indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in
<br />connection with the project assisted under this Agreement.
<br /> The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or
<br />subawards, a provision prohibiting such interest pursuant to this provision.
<br />A.9 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES
<br /> The Subrecipient and all its contractors and subrecipients shall comply with, and the
<br />Department is not responsible for determining compliance with, any and all applicable
<br />federal, state, and local laws, regulations, executive orders, OMB Circulars, and/or
<br />policies. This obligation includes, but is not limited to: nondiscrimination laws and/or
<br />policies, Energy Policy and Conservation Act (PL 94-163, as amended), the Americans
<br />with Disabilities Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act
<br />of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency
<br />Assistance Act, (PL 93-288, as amended), Ethics in Public Service (RCW 42.52),
<br />Covenant Against Contingent Fees (48 CFR Section 52.203-5), Public Records Act (RCW
<br />42.56), Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act
<br />(RCW 43.21C), Shoreline Management Act of 1971 (RCW 90.58), State Building Code
<br />(RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings
<br />for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations.
<br /> In the event of noncompliance or refusal to comply with any applicable law, regulation,
<br />executive order, OMB Circular or policy by the Subrecipient, its contractors or
<br />subrecipients, the Department may rescind, cancel, or terminate the Agreement in whole
<br />or in part in its sole discretion. The Subrecipient is responsible for all costs or liability
<br />arising from its failure, and that of its contractors and subrecipients, to comply with
<br />applicable laws, regulations, executive orders, OMB Circulars or policies.
<br />A.10 CONTRACTING & PROCUREMENT
<br />a. The Subrecipient shall use a competitive procurement process in the procurement
<br />and award of any contracts with contractors or sub-contractors that are entered
<br />into under the original contract award. The procurement process followed shall be
<br />in accordance with 2 CFR Part 200.318 General procurement standards through
<br />200.326 Contract Provisions.
<br />As required by Appendix II to 2 CFR Part 200, all contracts entered into by the
<br />Subrecipient under this Agreement must include the following provisions, as
<br />applicable:
<br />1) Contracts for more than the simplified acquisition threshold currently set at
<br />$150,000, which is the inflation adjusted amount determined by the Civilian Agency
<br />Acquisition Council and the Defense Acquisition Regulations Council (Councils) as
<br />authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal
<br />remedies in instances where contractors violate or breach contract terms, and
<br />provide for such sanctions and penalties as appropriate.
<br />2) All contracts in excess of $10,000 must address termination for cause and for
<br />convenience by the non-Federal entity including the manner by which it will be
<br />effected and the basis for settlement.
<br />3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR
<br />Part 60, all contracts that meet the definition of “federally assisted construction
<br />contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided
<br />under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal
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