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Docusign Envelope ID:8C248403-F578-4B55-8948-C45COB82DBF8
<br /> Construction Engineering Right-of-Way
<br /> Local Public A enc Section Number State Job Number State Job Number State
<br /> City of Decatur 24-00411-00-RP C-97-110-24
<br /> requirements of the Prevailing Wage Act including,but not limited to,inserting into all contracts for such construction a stipulation
<br /> to the effect that not less than the prevailing rate of wages as applicable to the Program shall be paid to all laborers,workers,and
<br /> mechanics performing work under the Award and requiring all bonds of contractors to include a provision as will guarantee the
<br /> faithful performance of such prevailing wage clause as provided by contract.
<br /> 2.6 Criminal Convictions.The LPA certifies that neither it nor any managerial agent of LPA has been convicted has been
<br /> convicted of a felony under the Sarbanes-Oxley Act of 2002,nor a Class 3 or Class 2 felony under Illinois Securities Law of 1953,
<br /> or at least five(5)years have passed since the date of conviction.The LPA further certifies that it is not barred from receiving an
<br /> funding award under 30 ILCS 500/50-10.5 and acknowledges that STATE shall declare the Agreement void if this certification is
<br /> false(30 ILCS 500/50-10.5).
<br /> 2.7 improper influence.The LPA certifies that no funds have been paid or will be paid by or on behalf of the LPA to any person
<br /> for influencing or attempting to influence an officer or employee of any government agency,a member of Congress or Illinois
<br /> General Assembly,an officer or employee of Congress or Illinois General Assembly,or an employee of a member of Congress or
<br /> Illinois General Assembly in connection with the awarding of any agreement,the making of any grant,the making of any loan,the
<br /> entering into of any cooperative agreement,or the extension,continuation,renewal,amendment or modification of any
<br /> agreement,grant,loan or cooperative agreement.31 USC 1352.Additionally,the LPA certifies that it has filed the required
<br /> certification under the Byrd Anti-Lobbying Amendment(31 USC 1352),if applicable.
<br /> 2.8 Telecom Prohibition.The LPA certifies that it will comply with Section 889 of the FY 2019 National Defense Authorization Act
<br /> (NDAA)that prohibits the use of telecommunications or video surveillance equipment or services produced provided by the
<br /> following companies:Dahua Technology Company,Hangzhou Hikvision Digital Technology Company,Huawei Technologies
<br /> Company,Hytera Communications Corporation,and ZTE Corporation.Covered equipment and services cannot be used as
<br /> substantial or essential component or any system,or as critical technology as part of any system.
<br /> 2.9 Personal Conflict of Interest-(50 ILCS 105/3,65 ILCS 5/3.1-55-10,65 ILCS 5/4-8-6)The LPA certifies that it shall maintain a
<br /> written code or standard of conduct which shall govem the performance of its employees,officers,board members,or agents
<br /> engaged in the award and administration of contracts supported by state or federal funds.Such code shall provide that no
<br /> employee,officer, board member or agent of the LPA may participate in the selection,award,or administration of a contract
<br /> supported by state or federal funds if a conflict of interest,real or apparent would be involved.Such a conflict would arise when
<br /> any of the parties set forth below has a financial or other interest in the firm selected for award:
<br /> a. the employee,officer,board member,or agent;
<br /> b. any member of his or her immediate family;
<br /> c. his or her partner;or
<br /> d. an organization which employs,or is about to employ,any of the above.
<br /> The conflict of interest restriction for former employees,officers,board members and agents shall apply for one year.
<br /> The code shall also provide that LPA's employees,officers,board members,or agents shall neither solicit nor accept gratuities,
<br /> favors or anything of monetary value from contractors,potential contractors,or parties to subcontracts.The STATE may waive
<br /> the prohibition contained in this subsection,provided that any such present employee,officer,board member,or agent shall not
<br /> participate in any action by the LPA relating to such contract,subcontract,or arrangement.The code shall also prohibit the
<br /> officers,employees, board members,or agents of the LPA from using their positions for a purpose that constitutes or presents
<br /> the appearance of personal or organizational conflict of interest or personal gain.
<br /> 2.10 Orclanizational Conflict of Interest.The LPA certifies that it will also prevent any real or apparent organizational conflict of
<br /> interest.An organizational conflict of interest exists when the nature of the work to be performed under a proposed third party
<br /> contract or subcontract may,without some restriction future activities,result in an unfair competitive advantage to the third party
<br /> contractor or LPA or impair the objectivity in performing the contract work.
<br /> ill.AUDIT AND RECORD RETENTION
<br /> 3.1 STATE Audits.The STATE may,at its sole discretion and at its own expense,perform a final audit of the Project(30 ILCS 5,
<br /> the Illinois State Auditing Act).Such audit may be used for settlement of the Project expenses and for Project closeout purposes.
<br /> The LPA agrees to implement any audit findings contained in the STATE's authorized inspection or review,final audit,the
<br /> STATE's independent audit,or as a result of any duly authorized inspection or review.
<br /> 3.2 Record Retention.The LPA shall maintain for three(3)years from the date of final project closeout by the STATE,adequate
<br /> books,records,and supporting documents to verify the amounts, recipient,and uses of all disbursements of funds passing in
<br /> conjunction with this contract.If any litigation,claim or audit is started before the expiration of the retention period,the records
<br /> must be retained until all litigation,claims or audit exceptions involving the records have been resolved and final action taken.
<br /> 3.3 Accessibility of Records.The LPA shall make books,records,related papers,supporting documentation and personnel
<br /> relevant to this Agreement available to authorized STATE representatives,the Illinois Auditor General,Illinois Attorney General,
<br /> any Executive Inspector General,the STATE's Inspector General,and any other person as may be authorized by the STATE
<br /> (including auditors),by the State of Illinois.The LPA shall cooperate fully in any such audit or inquiry.
<br /> 3.4 Failure to maintain the books and records.Failure to maintain the books,records and supporting documents required by this
<br /> section shall establish presumption in favor of the STATE for recovery of any funds paid by the STATE under the terms of this
<br /> Page 3 of 7 BLR 05310S(Rev.05/09/24)
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