|
DocuSign Envelope ID: 3068A826-D9DD-44A9-A383-16200B061238
<br /> Agreement No.23-1439-39187
<br /> out In the Definitions and Coverage sections of the rules implementing Executive Order 12549.
<br /> The Grantee agrees that it shall not knowingly enter into any lower tier covered transaction with a person who is
<br /> debarred, suspended, declared ineligible or voluntarily excluded from participation in this covered transaction, unless
<br /> authorized, in writing, by the Grantor. The Grantee agrees that it will include the clause titled "Certification Regarding
<br /> Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the Grantor,
<br /> without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. The
<br /> Grantee may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not
<br /> debarred, suspended, ineligible or voluntarily excluded from the covered transaction, unless the Grantee knows the
<br /> certification is erroneous. The Grantee may decide the method and frequency by which it determines the eligibility of its
<br /> principals.The Grantee may, but is not required to, check the Non-procurement List. If the Grantee knowingly enters into
<br /> a lower tier covered transaction with a person who is suspended, debarred, ineligible or voluntarily excluded from
<br /> participation, in addition to other remedies available to the federal government, the Grantor may terminate this
<br /> Agreement for cause or default.
<br /> Nothing contained in this section shall be construed to require establishment of a system of records in order to render in
<br /> good faith the certification required by this section. The knowledge and information of the Grantee is not required to
<br /> exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
<br /> Drug Free Workplace.The Grantee certifies that it will comply with the requirements of the federal Drug Free Workplace
<br /> Act, 41 U.S.C. 702 as amended, and 49 CFR 32.
<br /> Disadvantaged Business Enterprise A:5surance. In accordance with 49 CFR 26.13(a), as amended,the Grantee assures
<br /> that it shall not discriminate on the basis of race, color, national origin, or sex in the implementation of the project and in
<br /> the award and performance of any third party contract, or subagreement supported with Federal assistance derived from
<br /> the U.S. DOT or in the administration of its Disadvantaged Business Enterprise (DBE) program or the requirements of 49
<br /> CFR Part 26, as amended. The Grantee assures that it shall take all necessary and reasonable steps set forth in 49 CFR
<br /> Part 26, as amended, to ensure nondiscrimination in the award and administration of all third party contracts and
<br /> subagreements supported with Federal assistance derived from the U.S. DOT. The Grantee DBE program, as required
<br /> by 49 CFR Part 26, as amended, will be incorporated by reference and made a part of this Agreement for any Federal
<br /> assistance awarded by FHWA or U.S. DOT. Implementation of this DBE program is a legal obligation of the Grantee,
<br /> and failure to carry out its terms shall be treated as a violation of the Agreement. Upon notification by the Federal
<br /> Government or the Gratee to the Grantee of its failure to implement its approved DBE program, the U.S. DOT may
<br /> impose sanctions as provided for under 49 CFR Part 26, as amended, and may in appropriate cases, refer the matter for
<br /> enforcement under 18 U.S.C. 1001, as amended, and/or the Program Fraud Remedies Act, 31 U.S.C. 3801 et seq., as
<br /> amended.
<br /> Assurance of Nondiscrimination on the Basis of Disability. As required by U.S. DOT regulations, "Nondiscrimination on
<br /> the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance," at 49 CFR
<br /> 27.9, the Grantee assures that, as a condition to the approval or extension of any Federal assistance awarded by FHWA
<br /> to construct any facility, obtain any rolling stock or other equipment, undertake studies, conduct research, or to
<br /> participate in or obtain any benefit from any program administered by FHWA, no otherwise qualified person with a
<br /> disability shall be, solely by reason of that disability, excluded from participation in, denied the benefits of, or otherwise
<br /> subjected to discrimination in any program or activity receiving or benefiting from Federal assistance administered by the
<br /> FHWA or any entity within U.S. DOT. The Grantee assures that project implementation and operations so assisted will
<br /> comply with all applicable requirements of U.S. DOT regulations implementing the Rehabilitation Act of 1973, as
<br /> amended, 29 U.S.C. 794, et seq., and the Americans with Disabilities Act of 1990, as amended,42 U.S.C. 12101 et seq.,
<br /> and implementing U.S. DOT regulations at 49 CFR parts 27, 37, and 38, and any applicable regulations and directives
<br /> issued by other Federal departments or agencies.
<br /> Procurement Compliance Certification. The Grantee certifies that its procurements and procurement system will comply
<br /> with all applicable third party procurement requirements of Federal laws, executive orders, regulations, and
<br /> requirements, as amended and revised. The Grantee certifies that it will include in its contracts financed in whole or in
<br /> part with U.S. DOT or FHWA assistance all clauses required by Federal laws, executive orders, or regulations, and will
<br /> ensure that each subrecipient and each contractor will also include in its subagreements and its contracts financed in
<br /> whole or in part with U.S. DOT or FHWA assistance all applicable clauses required by Federal laws, executive orders, or
<br /> State of Illinois
<br /> GRANT AGREEMENT FISCAL YEAR 2023/1 18 22
<br /> Page 37 of 41
<br />
|