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assistance to another party, any deeds and instruments recording the transfer of that
<br /> properry shall contain a covenant running with the land assuring nondiscrimination for the
<br /> period during which the properry is used for a purpose for which the federal assistance is
<br /> extended or for another purpose involving the provision of similar services or benefits.
<br /> 5. The United States has a right to seek judicial enforcement with regard to any
<br /> matter arising under the Act, regulations, and this assurance.
<br /> 6. It will make any changes in its 49 U.S.C. 5332 and Title VI implementing
<br /> procedures as U.S. DOT or FTA may request.
<br /> D. Control of Property. GOVERNMENTAL Bo�Y certifies that the control, utilization and
<br /> disposition of property or equipment acquired using federal funds is maintained according to the
<br /> provisions of A-102 Common Rule.
<br /> E. Cost Principles. The cost principles of this Agreement are governed by the cost
<br /> principles found in Title 48, Code of Federal Regulations, subpart 31, as amended; and all costs
<br /> included in this Agreement are allowable under Title 48, Code of Federal Regulations, part 31, as
<br /> amended.
<br /> F. Debarment. GovERtvMENra� Bo�v shall comply with Debarment provisions as contained
<br /> in 49 Code of Federal Regulations, Part 29, including Appendices A and B as amended.
<br /> GOVERNMENTAL BODY CBrtlfl@S th8t t0 th2 bBSt Of ItS kflOWl@dge alld b@II@f, GOVERNMENTAL BODY
<br /> at1d GOVERNMENTAL BODY's principals: a) are not presently debarred, suspended, proposed for
<br /> debarment, declared ineligible or voluntarily excluded from covered transactions by any federal
<br /> department or agency; b) within a three-year period preceding this Agreement have not been
<br /> convicted of or had a civil judgment rendered against it for commission of fraud or a criminal
<br /> offense in connection with obtaining, attempting to obtain or performing a public (federal, state or
<br /> local) transaction or contract under a public transaction, violation of federal or state anti-trust
<br /> statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
<br /> records, making false statements or receiving stolen property; c) are not presently indicted for or
<br /> otherwise criminally or civilly charged by a governmental entity (federal, state or local) with
<br /> commission of any of the offenses enumerated in subsection (b), above; d) have not within a
<br /> three-year period preceding this Agreement had one or more public transactions (federal, state or
<br /> local) terminated for cause or default.
<br /> The inability of a prospective GovERrvnnErvr,a� Bo�Y to certify to the certification in this section will
<br /> not necessarily result in denial of participation in this Agreement. The prospective GovERNMErvTa�
<br /> Bo�Y shall submit an explanation of why it cannot provide the certification in this section. This
<br /> certification is a material representation of fact upon which reliance was placed when the
<br /> DEPARTMENT det@Cfllltl@d whether to enter into this transaction. If it is later determined that
<br /> GOVERNMENTAL BODY kflOWlflgly f@ftd8f@d 1I1 2ffOt1@OUS C@I'tIfIC8t1011, in addition to other remedies
<br /> available to the federal government, the DEPARTnnErvT may terminate this Agreement for cause.
<br /> The GovERNMEtvTa�Bo�Y shall provide immediate written notice to the DEPaRTnnENT if at any time
<br /> th@ GOVERNMENTAL BODY learns that its certification was erroneous when submitted or has
<br /> become erroneous by reason of changed circumstances. The terms "covered transaction,"
<br /> "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person,"
<br /> "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this
<br /> Part shall have the meaning set out in the Definitions and Coverage sections of the rules
<br /> implementing Executive Order 12549.
<br /> Th8 GOVERNMENTAL BODY 8gl'2@S th3t it shall not knowingly enter into any lower tier covered
<br /> transaction with a person who is debarred, suspended, declared ineligible or voluntarily excluded
<br /> from participation in this covered transaction, unless authorized, in writing, by th@ DEPARTMENT.
<br /> Th@ GOVERNMENTAL BODY 8gC28S th8t it will include the clause titled "Certification Regarding
<br /> Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"
<br /> pfOVICI@Cl by th@ DEPARTMENT, without modification, in all lower tier covered transactions and in all
<br /> solicitations for lower tier covered transactions. The GovERNMErvTa� Bo�Y 1111y rely upon 8
<br /> certification of a prospective participant in a lower tier covered transaction that it is not debarred,
<br /> suspended, ineligible or voluntarily excluded from the covered transaction, Uf112SS GOVERNMENTAL
<br /> Bo�Y knows the certification is erroneous. GovERtvMErvTa� Bo�v may decide the method and
<br /> Intergovemmental Agreement(Rev.03/04) 5 Decatur FfA-05
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