R2011-08 AUTHORIZING EXECUTION OF AN AMENDED CAPITAL ASSISTANCE GRANT AGREEMENT

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CAP-10-962-ARR,4, Contract No. 4021 The code shall also prohibit the officers, employees, board members, or agents of the Grantee from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain, 2. Orqanizational Conflict of Interest-The Grantee will also prevent any real or apparent organizational conflict of interest. An organizational conflict of interest exists when the nature of the work to be performed under a proposed third party contract or subcontract may, without some restriction on future activities, result in an unfair competitive advantage to the third party contractor or the Grantee or impair the objectivity in performing the contract work. B. Interest of Members of or Delegates to Conqress- No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Project or any benefit therefrom. C. Bonus or Commission -The Grantee warrants that no person or selling agency has been employed or retained to solicit or secure this Grant or Agreement, upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee. The State shall have the right to annul this Agreement without liability, or at its discretion to deduct such commission or fee. No State officer or employee, or member of the State General Assembly or of any unit of local government who or which contributes to the Project Funds shall be allowed to share in any part of this Agreement or to any benefits arising therefrom. D. False or Fraudulent Statements or Claims-The Grantee acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, or certification to the Government in connection with this Project, the Government reserves the right to impose on the Grantee the penalties of 18 U.S.C. § 1001; 49 U.S.C. § 5307; The Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801 et seq.; and U.S. DOT regulations, "Program Fraud Civil Remedies", 49 CFR Part 31, as the Government may deem appropriate. The Grantee agrees to include this clause in all state and federal assisted contracts and subcontracts. E. Lobbving-The Grantee agrees that it will not use federal assistance to support federal or state � lobbying, and will not use federal funds to support activities designed to influence U.S. Congress I, or the state legislature. The Grantee certifies that it has complied with 31 U.S.0 § 1352, as amended by the Lobbying Disclosure Act of 1995 and 49 CFR Part 20. The Grantee has signed the attached Lobbying Certification (as part of Exhibit C) and will incorporate it in its applicable third party contracts and require a comparable certification from its contractors or subcontractors. F. Debarment-The Grantee agrees to comply with the requirements of Executive Order No. 12549 and 12689, "Debarment and Suspension," 31 U.S.C. § 6101 note, and U.S. Department of Transportation regulations, "Nonprocurement Suspension and Debarment,"2 CFR Part 1200, which adopts and supplements the provisions of the U.S. Office of Management and Budget "Guidelines to Agencies on Governmental Debarment and Suspension (Nonprocurement),"2 CFR Part 180. The Grantee also agrees to obtain certifications on Debarment and Suspension from its third party contractors and subcontracts and otherwise comply with Government regulations. The Grantee has signed the attached Debarment Certification (as part of Exhibit C). G. Briberv- Nongovernmental grantees and third party contractors shall certify that they have not been convicted of bribery or attempting to bribe an officer or employee of the State of Illinois or local government, nor has the Grantee made an admission of guilt of such conduct which is a matter of record, nor has an official, agent or employee of such grantees or third party contractors committed bribery or attempted bribery on behalf of the firm and pursuant to the direction or authorization of a responsible official of the Grantee. Such grantees and third party contractors shall further certify that they have not been barred from contracting with a unit of the State or local government as a result of a violation of Section 33E-3 or 33E-4 of the Illinois Criminal Code. State/Federal Capital Grant Page 13