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Public Assistance Grant Agreement Page 9 of 21 Kittitas County, D20-189 <br />A.5 APPLICATION REPRESENTATION-MISREPRESENTATION, INACCURACY AND BREACH <br />The DEPARTMENT relies upon the SUBRECIPIENT's application in making its determinations as to <br />eligibility for, selection for, and scope of funding grants. Any misrepresentation, error or inaccuracy in <br />any part of the application may be deemed a breach of this Agreement. <br />A.6 ASSURANCES <br />DEPARTMENT and SUBRECIPIENT agree that all activity pursuant to this Agreement will be in <br />accordance with all the applicable current federal, state and local laws, rules and regulations. In <br />addition, as a SUBRECIPIENT of FEMA funding, the SUBRECIPEINT shall comply with all applicable <br />DHS terms and conditions as specified in Appendix F of the Washington State Public Assistance <br />Applicant Manual dated March 22, 2020 incorporated in this Agreement as Attachment 4. <br />A.7 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY <br />As federal funds are a basis for this Agreement, the SUBRECIPIENT certifies that the SUBRECIPIENT <br />is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily <br />excluded from participating in this Agreement by any federal department or agency. <br />The SUBRECIPIENT shall complete, sign, and return a Certification Regarding Debarment, <br />Suspension, Ineligibility, and Voluntary Exclusion form located at http://mil.wa.gov/emergency- <br />management-division/requiredgrantforms. Any such form completed by the SUBRECIPIENT for this <br />Agreement shall be incorporated into this Agreement by reference. <br />Further, the SUBRECIPIENT agrees to comply with all applicable federal regulations concerning the <br />federal debarment and suspension system, including 2 CFR Part 180. The SUBRECIPIENT certifies <br />that it will ensure that potential sub-contractors or sub-recipients or any of their principals are not <br />debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from <br />participation in “covered transactions” by any federal department or agency. “Covered transactions” <br />include procurement contracts for goods or services awarded under a non-procurement transaction <br />(e.g. grant or cooperative agreement) that are expected to equal or exceed $25,000, and sub-awards to <br />sub-recipients for any amount. With respect to covered transactions, the SUBRECIPIENT may comply <br />with this provision by obtaining a certification statement from the potential sub-contractor or sub- <br />recipient or by checking the System for Award Management (http://www.sam.gov) maintained by the <br />federal government. The SUBRECIPIENT also agrees not to enter into any arrangements or contracts <br />with any party on the Washington State Department of Labor and Industries’ “Debarred Contractor List” <br />(http://www.lni.wa.gov/TradesLicensing/PrevWage/AwardingAgencies/DebarredContractors/). <br />A.8 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING <br />As required by 44 CFR Part 18, the SUBRECIPIENT hereby certifies that to the best of their knowledge <br />and belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the <br />SUBRECIPIENT to any person for influencing or attempting to influence an officer or employee of an <br />agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of <br />Congress in connection with the awarding of any federal contract, the making of any federal grant, the <br />making of any federal loan, the entering into of any cooperative agreement, and the extension, <br />continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative <br />agreement; (2) that if any funds other than federal appropriated funds have been paid or will be paid to <br />any person for influencing or attempting to influence an officer or employee of any agency, a Member of <br />Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection <br />with this Agreement, grant, loan, or cooperative agreement, the SUBRECIPIENT will complete and <br />submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; <br />(3) and that, as applicable, the SUBRECIPIENT will require that the language of this certification be <br />included in the award documents for all subawards at all tiers (including sub-contracts, sub-grants, and <br />contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and <br />disclose accordingly. <br />This certification is a material representation of fact upon which reliance was placed when this <br />transaction was made or entered into, and is a prerequisite for making or entering into this transaction <br />imposed by section 1352, title 31, U.S. Code.