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A TRUE COPY CERTIFICATION ON LAST PAGE J . R . SMITH , CLERK for influencing or attempting to influence an officer or employee of an agency, a Member of Congress , an officer or employee of Congress , or an employee of a Member of Congress, in connection with the awarding , renewal , amending or modifying of any federal contract, grant, or cooperative agreement. If any non-federal funds are used for lobbying activities as described above , the Grantee shall submit Standard Form-LLL , " Disclosure of Lobbying Activities" ( provided in Federal Documents Packet) , and shall file quarterly updates of any material changes . The Grantee shall require the language of this certification to be included in all subcontracts , and all subcontractors shall certify and disclose accordingly. [49 CFR 2010 19 . In accordance with Executive Order 12549 , Debarment and Suspension (49 CFR 29) 9 the Grantee , by execution of this Project Agreement, shall agree and certify that neither it, nor its principals, is presently debarred , suspended , proposed for debarment, declared ineligible , or voluntarily excluded from participation in . this transaction by any federal department or agency; and , that the Grantee shall not knowingly enter into any lower tier contract, or other covered transaction , with a person who is similarly debarred or suspended from participating in this covered transaction , unless authorized in writing by Federal Highway Administration to the Department. The Grantee shall include the language of this section in all subcontracts or lower tier agreements executed to support the Grantee' s work under this Project Agreement. 20 . The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature . The parties hereto understand that this Agreement is not a commitment of future appropriations . 21 . The Department and FHWA shall have the right, through their agents , servants , and employees designated for that purpose , to inspect the site of the Project and the Project Elements thereon at any reasonable time . 22 . Following receipt of an audit report identifying any refund due to the Department for noncompliance by the Grantee with the Project Agreement, the Grantee will be allowed sixty (60 ) days to submit additional pertinent documentation to offset any amount identified as being due to the Department. The Department, following a review of the documentation submitted by the Grantee , will inform the Grantee of the total refund due to the Department. 23 . The Department shall have the right to demand a refund , either in whole or in part, of the funds provided to the Grantee for noncompliance with the terms of this Project Agreement. 24 If the United States acting within the scope of its lawful authority, through the FHWA, the Secretary of the FHWA, or any other branch of the government of the United States , should for any reason demand a refund from the Department, in Revised 2/12 DEP Project Agreement No . T1137 , Page 9 of 15