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A.9
<br />A.10
<br />4.11
<br />recipients shall certify and disclose accordingly. This certification is a material representation of fact
<br />upon which reliance was placed when this transaction was made or entered into, and is a prerequisite
<br />for making or entering into this transaction imposed by section 1352, title 31, U.S. Code.
<br />COMPLIANCE WITH APPLICABLE STATUTES. RULES AND DEPARTMENT POLICIES
<br />The SUBRECIPIENT and all its contractors shall comply with, and the DEPARTMENT is not
<br />responsible for determining compliance with, any and all applicable federal, state, and local laws,
<br />regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not
<br />limited to: nondiscrimination laws and/or policies, Equal Employment Opportunity, as amended by
<br />Executive Order 11375 of October 13, 1967, as supplemented by Department of Labor regulations
<br />(41 CFR chapter 60), Copeland Anti-Kickback Act (18 U.S.C. 874) as supplemented in Department of
<br />Labor regulations (29 CFR Part 3); Davis-Bacon Act (40 U.S.C. 276a1o276a-7) as supplemented by
<br />Department of Labor regulations (29 CFR Part 5); Clean AirAct (42 U.S.C. 1857(h), section 508 of
<br />the Clean WaterAct (33 U.S.C. 1368), Executive Order 11738, Environmental Protection Agency
<br />regulations (40 CFR part 15); Sections 103 and 107 of the Contract Work Hours and Safety Standards
<br />Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5); Public
<br />Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW 39.12), State Environmental
<br />Policy Act (RCW 43.21C), Energy Policy and Conservation Act (Public Law 94-163, as amended), the
<br />Americans with Disabilities Act (ADA), Age Discrimination Act of 1975, Title Vl of the Civil Rights Act
<br />of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance
<br />Act, (PL 93-288, as amended), Title 44 of the Code of Federal Regulations, 2 CFR Part 3002, Ethics
<br />in Public Service (RCW42.52), Covenant Against Contingent Fees (48 CFR Section 52.203-5), Public
<br />Disclosure (RCW42.56), Prevailing Wages on PublicWorks (RCW 39.12), State Environmental Policy
<br />Act (RCW 43.21C), Shoreline Management Act of 1971 (RCW 90.58), State Building Code (RCW
<br />19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings for Aged and
<br />Handicapped Persons (RCW 70.92), and safety and health regulations.
<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.
<br />ln the event of the noncompliance or refusalto comply with any applicable law, regulation, executive
<br />order, OMB Circular or policy by the SUBRECIPIENT, its contractors or subrecipients, the
<br />DEPARTMENT may rescind, cancel, or terminate the Agreement in whole or in part in its sole
<br />discretion. The SUBRECIPIENT is responsible for all costs or liability arising from its failure, and that
<br />of its contractors and subrecipients, to comply with applicable laws, regulations, executive orders,
<br />OMB Circulars or policies.
<br />CONFLICT OF INTEREST
<br />No officer or employee of the DEPARTMENT; no member, officer, or employee of the SUBRECIPIENT
<br />or its designees or agents; no member of the governing body of the jurisdiction in which the project is
<br />undertaken or located; and no other official of such SUBRECIPIENT who exercises any functions or
<br />responsibilities with respect to the project during his or her tenure, shall have any personal or
<br />pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for
<br />work to be performed in connection with the project assisted under this Agreement. The
<br />SUBRECIPIENT shall incorporate, or cause to incorporate, in all such contracts or subcontracts, a
<br />provision prohibiting such interest pursuant to this provision.
<br />CONTRACTING & PROCUREMENT
<br />a. The SUBRECIPIENT shall use a competitive procurement process in the procurement and award
<br />of any contracts with contractors or sub-contractors that are enteied into under the original contract
<br />award. The procurement process followed shall be in accordance with 2 CFR Part 200.318 General
<br />procu rement standards th roug h 200.326 Contract Provisions.
<br />As required by Appendix ll to 2 CFR Part 200, all contracts entered into by the SUBRECIPIENT under
<br />this Agreement must include the following provisions, as applicable:
<br />1)Contracts for more than the simplified acquisition threshold currently set at $150,000, which is
<br />the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the
<br />Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must
<br />FFY18 Fire Management Assistance Grant Agreement Page 9 of 22 Kittitas, County of, Dl9-1004
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