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' U.S.C. 5332,-as amend�d, and 49 CFR part 21, as amended, and include provisions to invoke
<br /> those requirements in deeds and instruments recording the transfer of real property, structures,
<br /> improvements.
<br /> C. 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 /> D. 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 /> E. Debarment. GovERNnnENTA� Bo�Y shall comply with Debarment provisions as contained
<br /> in 49 Code of Federal Regulations, Part 29, including Appendices A and B as amended.
<br /> GovERNMENTA� Bo�Y certifies that to the best of its knowledge and belief, GOVERNMENTAL BODY
<br /> 811d 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 GovERNMEtv'ra� Bo�Y to certify to the certification in this section will
<br /> not necessarily result in denial of participation in this Agreement. The prospective GoveRNMENTa�
<br /> BooY 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 d@t@fft11�8d whether to enter into this transaction. If it is later determined that
<br /> GOVERNMENTAL BOOY k�OWll191y P@I1d2f@d 811 8f1'Of1@OUS C@rtIfIC2t1011, in addition to other remedies
<br /> available to the federal government, the DEPARTnnENT may terminate this Agreement for cause.
<br /> The GovERrvnneNTa�Bo�Y shall provide immediate written notice to the DEPaRTnneNr 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 se�-out in the Definitions and Coverage sections of the rules
<br /> implementing Executive Order 12549.
<br /> The GovERNnnEntTa� Bo�Y agrees that 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 2gf@@S th8t it will include the clause titled "Certification Regarding
<br /> Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"
<br /> pfOVld@d by th8 DEPARTMENT, without modification, in all lower tier covered transactions and in all
<br /> solicitations for lower tier covered transactions. The GovERNnneNTa� BooY may rely upon 2
<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, U1112SS GOVERNMENTAI
<br /> Bo�Y knows the ce�tification is erroneous. GovERNnnENTA� BooY may decide the method and
<br /> frequency by which it determines the eligibility of its principals. Each GovERNnnEt�,a� BooY may,
<br /> but is not required to, check the Nonprocurement List. If a GoveRNnnENTA�Bo�Y knowingly enters
<br /> into a lower tier covered transaction with a person who is suspended, debarred, ineligible or
<br /> Intergovemmental Agreement(Rev.O1/03) 5 Decatur/IL Tomonow/CPG 03-19
<br /> Urban Corridor Revitalization
<br /> Strategy Phase II �
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