R2005-117 AUTHORIZING EXECUTION OF AGREEMENT

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' The GoveRNMENT� Bo�Y agrees that it shall not knowingly enter into any lower tier covered • transaction with a person who is debarred, suspended, declared ineligible or voluntarily excluded from participation in this covered transaction, unless authorized, in writing, by the DEPARTMENT. Th@ GOVERNMENTAL BODY 89�8@S ihet It WIII I�CIUdB th@ CI8US8 tltl8d "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," p�OVld@d by the DEPARTMENT, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. The GoveRNnnENTA� Bo�Y may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the covered transaction, unless GOVERNMENTAL BODY knows the cert�cation is erroneous. GOVERNMENTAL BODY IT18y d@Cld@ th@ method and frequency by which it determines the @Ilglblllty Of ItS p�I�CIpeIS. EeCh GOVERNMENTAL BODY 1'T18y, but is not required to, check the Nonprocurement List. If a GovERNMEwTa� Bo�Y knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible or voluntarily excluded from participation, in addition to other remedies available to the federal government, the DePa�TMENT may terminate this Agreement for cause or default. Nothing contained in this section shall be construed to require establishment of a system of records in order to render in good faith the certification required by this section. The knowledge and information of a GoveRNnnENTn� Bo�Y is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. G. Single Audit. The Single Audit Act of 1984 (Public Law 98-502) and the Single Audit Amendments of 1996(P.L. 104-156) require the following: 1. State or local governments that receive $500,000 or more a year in federal financial assistance shall have an audit made in accordance with the Office of Management and Budget(OMB) Circular No.A-133. 2. State or local governments that receive less than $500,000 a �ar shall be exempt from compliance with the Act and other federal requirements. 3. Nothing in this paragraph exempts state or local governments from maintaining records of federal financial assistance or from providing access to such records to federal Agencies, as provided for in federal law or in Circular A-133 "Audits of States, Local Governments and Non-Profit Organizations." 4. A copy of the audit report must be submitted to the DEPnR�neNT within 30 days after completion of the audit, but no later than one year after the end of the GovERNMeNTu BODY's fiscal year. H. Drug Free Workplace. The GOVERNMENTAL BODY cert�es that it will comply with the requirements of the federal Drug Free Workplace Act, 41 U.S.C.A. 702 as amended, and 49 C.F.R. Part 29, Subpart F, including Appendix C as amended. I. Disadvantaged Business EnterpNse Assurance. In accordance with 49 CFR 26.13(a), as amended, the GovERNnneNTA�Bo�Y assures that it shall not discriminate on the basis of race, color, national origin, or sex in the implementation of the project and in the award and performance of any third party contract, or subagreement supported with Federal assistance derived from the U.S. DOT or in the administration of its Disadvantaged Business Enterprise (DBE) program or the requirements of 49 CFR Part 26, as amended. Th@ GOVERNMENTAL Bo�Y assures that it shall take all necessary and reasonable steps set forth in 49 CFR Part 26, as amended, to ensure nondiscrimination in the award and administration of all third party conVacts and subagreements supported with Federal assistance derived from the U.S. DOT. Th@ GOVERNMENTAL BODY'S DBE program, as required by 49 CFR Part 26, as amended, will be incorporated by reference and made a part of this Agreement for any Federal assistance awarded by FTA or U.S. DOT. Implementation of this DBE program is a legal obligation of the GOVERNMENTAL BODY, and failure to carry out its terms shall be treated as a violation of the ' Agreement. Upon notification by the Federal Govemment or the DEPARTMENT to the Intergovemmental Agreement 6 IT/City of DecatuNUrban (Rev.05/2004) Corridor Revitalization Study/ $54,000/SPR/State/05-07