BUSINESS INTEGRITY Clause Samples

BUSINESS INTEGRITY. ✔No 1. In the past five (5) years, has your firm been convicted of or found liable in a civil suit for making a false claim or material misrepresentation to a private or public entity? If Yes, use Attachment A to explain specific circumstances of each instance. Include the entity involved, specific violation(s), dates, outcome and current status. ✔No 2. In the past five (5) years, has your firm or any of its executives, management personnel, or owners been convicted of a crime, including misdemeanors, or been found liable in a civil suit involving the bidding, awarding, or performance of a government contract? If Yes, use Attachment A to explain specific circumstances of each instance; include the entity involved, specific infraction(s), dates, outcome and current status. 3. In the past five (5) years, has your firm or any of its executives, management personnel, or owners been convicted of a federal, state, or local crime of fraud, theft, or any other act of dishonesty? ✔ No If Yes, use Attachment A to explain specific circumstances of each instance; include the entity involved, specific infraction(s), dates, outcome and current status. 4. Do any of the Principals of your firm have relatives that are either currently employed by the City or were employed by the City in the past five (5) years? ✔No If Yes, please disclose the names of those relatives in Attachment A.

BUSINESS INTEGRITY. 1. In the past five (5) years, has your firm been convicted of or found liable in a civil suit for making a false claim or material misrepresentation to a private or governmental entity? Yes  No If Yes, use Pledge of Compliance Attachment “A” to explain specific circumstances of each instance; include the entity involved, specific infraction(s) or violation(s), dates, outcome and current status. 2. In the past five (5) years, has your firm or any of its executives, management personnel, or owners been convicted of a crime, including misdemeanors, or been found liable in a civil suit involving the bidding, awarding, or performance of a government contract?  Yes  No If Yes, use Pledge of Compliance Attachment “A” to explain specific circumstances of each instance; include the entity involved, specific infraction(s), dates, outcome and current status.

BUSINESS INTEGRITY. Supplier will promote honesty and integrity in its business conduct by raising ethical awareness among its employees and providing direction and education on ethical issues. Further, Supplier will not: pay or accept bribes, arrange or accept kickbacks, or participate in illegal inducements in business or government relationships.

BUSINESS INTEGRITY. In the past five (5) years, has your firm been convicted of or found liable in a civil suit for making a false claim or material misrepresentation to a private or public entity? Yes No If Yes, use Attachment “A” to explain specific circumstances of each instance. Include the entity involved, specific violation(s), dates, outcome and current status.

BUSINESS INTEGRITY. 4.16.1. Suppliers must engage professional business ethics in all dealings, and not act in any manner which, by association, may bring Coles into disrepute.

BUSINESS INTEGRITY. Administrator agrees to be bound by the provisions set forth at 45 CFR Part 76, or any successor provisions. In addition to the foregoing, Administrator represents, warrants and covenants that neither Administrator nor, to Administrator’s knowledge, any pharmacists, prescribers, or other personnel furnishing Covered Prescription Services to Members at Administrator’s Mail Order Pharmacy or any Network Pharmacy, or other agent, employee or subcontractor (including any key management, executive staff or five percent (5%) or greater owner) engaged by Administrator to perform any of the Services have been or is currently (i) sanctioned under, listed as debarred, excluded, suspended, proposed for debarment, or otherwise ineligible for participation in federal or state health care programs (including but not limited to Medicare, Medicaid or CHIP), or (ii) convicted of a criminal felony or has a civil judgment entered against it for fraudulent activities. In addition, Administrator shall review, and shall require its subcontractors and Network Pharmacies to review, the federal government lists of debarred entities and individuals, including but not limited to the DHHS OIG and General Services Administration exclusion lists for any employee, board member, officer, or subcontractor to determine if any such individual or entity is included on such lists upon hire and on at least an monthly basis thereafter. If at any time Administrator becomes aware of any violation of this representation and warranty, Administrator agrees to notify United in writing immediately. In the event that any Network Pharmacy or other agent, employee or subcontractor performing any portion of the Services or its personnel becomes debarred or ineligible for participation in a federal or state health care program or convicted of a criminal felony or otherwise fails to satisfy the business integrity standards of this Section 4.2, then Administrator, upon becoming aware of the situation, shall immediately discontinue its, his or her participation in the Pharmacy Network (as defined in Section 3.1 of Exhibit C) and prohibit it, him or her from furnishing any Covered Prescription Services to Members or discontinue using it, him or her in the performance of any Services if such is not remedied to Administrator’s and United’ satisfaction.

BUSINESS INTEGRITY. 1. In the past five (5) years, has your firm been convicted of or found liable in a civil suit for making a false claim or material misrepresentation to a private or public entity? If Yes, use Attachment A to explain specific circumstances of each instance. Include the entity involved, specific violation(s), dates, outcome and current status. 2. In the past five (5) years, has your firm or any of its executives, management personnel, or owners been convicted of a crime, including misdemeanors, or been found liable in a civil suit involving the bidding, awarding, or performance of a government contract? If Yes, use Attachment A to explain specific circumstances of each instance; include the entity involved, specific infraction(s), dates, outcome and current status. 3. In the past five (5) years, has your firm or any of its executives, management personnel, or owners been convicted of a federal, state, or local crime of fraud, theft, or any other act of dishonesty? If Yes, use Attachment A to explain specific circumstances of each instance; include the entity involved, specific infraction(s), dates, outcome and current status. 4. Do any of the Principals of your firm have relatives that are either currently employed by the City or were employed by the If Yes, please disclose the names of those relatives in Attachment A. 1. Are you a local business with a physical address within the County of San Diego? 2. Are you a certified Small and Local Business Enterprise certified by the City of San Diego? Certification # 3. Are you certified as any of the following: a. Disabled Veteran Business Enterprise Certification # b. Woman or Minority Owned Business Enterprise Certification # c. Disadvantaged Business Enterprise Certification #

BUSINESS INTEGRITY. For the following questions, the term “owner” does not include owners of stock in your firm if your firm is a publicly traded corporation. The term “convicted” includes a verdict of guilty by a judge or jury, a plea of guilty, a plea of nolo contendere, or a forfeiture of bail. 12.1 In the past five years, has your firm or any of its owners, partners, officers or employees been convicted in a criminal action or found liable in a civil suit for making false claims(s) or material misrepresentations(s) to any government entity? □ Yes □ No If Yes, identify the government entity; list the date, court and case number; describe the facts and circumstances about each instance; and set forth the outcome or disposition. Attach additional sheets as necessary. 12.2 In the past five years, has your firm or any of its owners, partners, officers or employees been convicted of a crime involving embezzlement, theft, fraud, forgery, bribery, deceptive or unlawful business practices, perjury, falsifying or destroying records or evidence or receiving stolen property? □ Yes □ No If Yes, identify the crime or offense; list the date, court and case number; describe the facts and circumstances about each instance; and set forth the penalty or punishment imposed. Attach additional sheets as necessary. 12.3 To your knowledge, is a government entity currently investigating your firm or any of its owners, partners, officers or employees for making false claim(s) or material misrepresentations(s)? □ Yes □ No If Yes, identify the government entity and describe the facts and circumstances about each instance. Attach additional sheets as necessary.

BUSINESS INTEGRITY. The Vendor shall comply with the business integrity requirements as stated in federal statutes and regulations that govern the WIC Program and in the Vendor Manual. See Section 12 Authorization and Selection in the Vendor Manual.