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XVI. SUBCONTRACTS AND PURCHASES, <br />A. The Agency shall include the above Sections IV, V, VI, VII, VIII, XII, XIII, XIV and XV, in <br />every subcontract or purchase agreement for services which relate to the subject <br />matter of this Contract. <br />B. The Agency agrees to include the following language verbatim in every subcontract, <br />provider agreement, or purchase agreement for services which relate to the subject <br />matter of this Contract: <br />"Subcontractor shall protect, defend, indemnify, and hold harmless King County, its <br />officers, employees and agents from any and all costs, claims, judgments, and /or <br />awards of damages arising out of, or in any way resulting from the negligent act or <br />omissions of subcontractor, its officers, employees, and /or agents in connection with or <br />in support of this Contract. Subcontractor expressly agrees and understands that King <br />County is a third party beneficiary to this Contract and shall have the right to bring an <br />action against subcontractor to enforce the provisions of this paragraph." <br />C. The Agency shall ensure that all subcontractors receiving any federal funds pursuant to <br />this agreement have not been disbarred or suspended from federal contract <br />participation. This may be done by checking the Excluded Parties List System <br />http: /eols.arnet.aov, which lists all suspended and debarred entities. <br />XVII. CONFLICT OF INTEREST <br />A. The Agency agrees to comply with applicable provisions of KCC Chapter 3.04. <br />Failure to comply with such provisions shall be a material breach of this Contract, <br />and may result in termination of this Contract pursuant to Section XI and subject the <br />Agency to the remedies stated therein, or otherwise available to the County at law <br />or in equity. <br />B. The Agency agrees, pursuant to KCC 3.04.060, that it will not willfully attempt to <br />secure preferential treatment in its dealings with the County by offering any valuable <br />consideration, thing of value or gift, whether in the form of services, loan, thing or <br />promise, in any form to any County official or employee. The Agency acknowledges <br />that if it is found to have violated the prohibition found in this paragraph, its current <br />contracts with the County shall be cancelled and it shall not be able to bid on any <br />County contract for a period of two years. <br />C. The Agency acknowledges that for one year after leaving County employment, a <br />former County employee may not have a financial or beneficial interest in a contract <br />or grant that was planned, authorized, or funded by a County action in which the <br />former County employee participated during County employment. Agency shall <br />identify, at the time of offer, current or former County employees involved in the <br />preparation of proposals or the anticipated performance of work if awarded the <br />Contract. Failure to identify current or former County employees involved in this <br />transaction may result in the County's denying or terminating this Contract. After <br />Contract award, the Agency is responsible for notifying the County's project <br />manager of current or former County employees who may become involved in the <br />Contract any time during the term of the Contract. <br />City of Tukwila Page 13 of 19 2011 Contract <br />