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• voluntarily excluded from participation, in addition to other remedies available to the federal
<br /> government, the DEPaRrnnEN'r may terminate this Agreement for cause or default.
<br /> Nothing contained in this section shall be construed to require establishment of a system of
<br /> records in order to render.in good faith the certification required by this section. The knowledge
<br /> and information Of 8 GOVERNMENTAL BODY IS not required to exceed that which is normally
<br /> possessed by a prudent person in the ordinary course of business dealings. •
<br /> F. Single Audit. The Single Audit Act of 1984 (Public Law 98-502) and the Single Audit
<br /> Amendments of 1996 (P.L. 104-156) require the following:
<br /> 1. State or local governments that receive$300,000 or more a year in federal financial
<br /> assistance shall have an audit made in accordance with the Office of Management
<br /> and Budget(OMB) Circular No. A-133.
<br /> 2. State or local governments that receive less than $300,000 a year shall be exempt
<br /> from compliance with the Act and other federal requirements.
<br /> 3. Nothing in this paragraph exempts state or local governments from maintaining
<br /> records of federal financial assistance or from providing access to such records to
<br /> federal Agencies, as provided for in federal law or in Circular A-133"Audits of States,
<br /> Local Governments and Non-Profit Organizations."
<br /> 4. A copy of the audit report must be submitted to the DEP,aRTMENT within 30 days after
<br /> completion of the audit, but no later than one year after the end of the GovERNMENra�
<br /> BODY's fiscal year.
<br /> G. Drug-Free Workplace.The GovERNnnENTa�Bo�Y shall comply with the federal Drug-Free
<br /> Workplace Act, as contained in 42 United States Code Section 702, as amended, and 49 Code of
<br /> Federal Regulations, Part 29, Subpart F and Appendix C as amended.
<br /> H. Disadvantaged Business Enterprise Assurance. In accordance with 49 CFR 26.13(a),
<br /> as amended, the GOVERNMENTAL BODY assures that it shall not discriminate on the basis of race,
<br /> color, national origin, or sex in the implementation of the project and in the award and
<br /> performance of any third party contract, or subagreement supported with Federal assistance
<br /> derived from the U.S. DOT or in the administration of its Disadvantaged Business Enterprise
<br /> (DBE) program or the requirements of 49 CFR part 26, as amended. The GOVERNMENTAL BODY
<br /> assures that it shall take all necessary and reasonable steps set forth in 49 CFR part 26, as
<br /> amended, to ensure nondiscrimination in the award and administration of all third party contracts
<br /> and subagreements supported with Federal assistance derived from the U.S. DOT. The
<br /> GOVERNMENTAL BODY'S DBE program, as required by 49 CFR part 26, as amended, will be
<br /> incorporated by reference and made a part of this Agreement for any Federal assistance awarded
<br /> by FTA or U.S. DOT. Implementation of this DBE program is a legal obligation of the
<br /> GOVERNMENTAL BODY, and failure to carry out its terms shall be treated as a violation of the
<br /> Agreement. Upon notification by the Federai Govemment or the DEPARTMENT to the
<br /> GOVERNMENTAL BODY of its failure to implement its approved DBE program, the U.S. DOT may
<br /> impose sanctions as provided for under 49 CFR part 26, as amended, and may in appropriate
<br /> cases, refer the matter for enforcement under 18 U.S.C. 1001, as amended, and/or the Program
<br /> Fraud Remedies Act, 31 U.S.C. 3801 et seq., as amended.
<br /> I. Assurance of Nondiscrimination on the Basis of Disability. As required by U.S. DOT
<br /> regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or
<br /> Benefiting from Federal Financial Assistance,"at 49 CFR 27.9, as amended, the GOVERNMENTAL
<br /> BODY assures that, as a condition to the approval or extension of any Federal assistance awarded
<br /> by FTA to construct any facility, obtain any rolling stock or other equipment, undertake studies,
<br /> conduct research, or to participate in or obtain any benefit from any program administered by FTA,
<br /> no otherwise qualified person with a disability shall be, solely by reason of that disabifity, excluded
<br /> from participation in, denied the benefits of, or othervvise subjected to discrimination in any
<br /> program or activity receiving or benefiting from Federal assistance administered by the FTA or any
<br /> entity within U.S. DOT. The GOVERNMENTAL BODY assures that project implementation and
<br /> Intergovernmental Agreement(Rev.O1/03) 6 Decatur/IL Tomorrow/CPG 03-19
<br /> Urban Corridor Revitalization
<br /> Strategy Phase II �
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