R2006-111 AUTHORIZING MUNICIPAL BROWNFIELDS REDEVELOPMENT GRANT AGREEMENT

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Page 5 of 7 (iii) Are not presently indicted for or otherwise criminally or civilly charged by a govemment entity (Federal, State, local) with commission of any of the offenses enumerated in paragraph (ii) of this section; and (iv) Have not within a three (3) year period preceding a financial assistance agreement had one or more public transactions (Federal, State, or local) terminated for cause or default. ' 13. Bribery '� The Recipient certifies that it or its representatives have not been convicted of bribing or attempting to bribe an officer of the State of Illinois, nor has the Recipient made an admission of guilt of such conduct which is a matter of record. 14. Covenant Against Contingent Fees � The Recipient shall warrant that no person or selling agency shall be employed or retained to solicit or secure the Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee. For breach or violation of this warranty, the Illinois EPA shall have the right to annul the Agreement without liability, or in its discretion to deduct from the Agreement price or consideration, or othervvise recover, the full amount of such commission, percentage, brokerage or contingent fee. 15. Debt Delinquency The Recipient certifies that it is incompliance with 30 ILCS 500/50-11, which stipulates that no person shall submit a bid or enter into a contract with a State Agency under this code if that person knows or should know that he or she is delinquent in the payment of any debt to the State, unless the person has entered into a deferred payment plan to pay off the debt. For purposes of this Section, the phrase "delinquent in the payment of any debt" shall be determined by the Debt Collection Board. 16. Appropriation Contingency (Multiyear) The obligations of the State of Illinois to provide financial assistance will cease immediately without any penalty, accelerated payment, or other recoupment mechanism ' being required by the Agreement Recipient if in any fiscal year the Illinois General Assembly or funding source fails to make an adequate appropriation or otherwise make ' available sufficient funding�to cover the Agency's Agreement obligations. ' 17. Liability of the Illinois EPA The Recipient agrees that no personal claim shall be made of, or honored by, any independent contractor, employee, or member of the Illinois EPA by reason of any provision of the Agreement. If the appropriation of funds by the General Assembly of the State of Illinois available for payment of financial assistance agreements is exhausted, neither any other State agency nor office nor any independent Contractor, employee or member of the Illinois EPA will be obligated to pay the financial assistance agreement Recipient anything under the terms of the Agreement, and the Recipient will not be obligated to render service under the Agreement after such exhaustion. The Illinois EPA shall make a positive effort to notify the Recipient prior to such exhaustion. Conditions/Certifications March 2005