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H ThLir LUNY
<br />GERTIFICATION ON LAST 'AGE
<br />J.K. BARTON, CLERK
<br />17. The Grantee certifies that no federal appropriated funds have been paid or will be
<br />paid, on or after December 22, 1989, by or on behalf of the Grantee, to any person
<br />for influencing or attempting to influence an officer or employee of an agency, a
<br />Member of Congress, an officer or employee of Congress, or an employee of a
<br />Member of Congress, in connection with the awarding, renewal, amending or
<br />modifying of any federal contract, grant, or cooperative agreement. If any
<br />non-federal funds are used for lobbying activities as described above, the Grantee
<br />shall submit Standard Form -LLL, "Disclosure of Lobbying Activities" (provided in
<br />Federal Documents Packet), and shall file quarterly updates of any material
<br />changes. The Grantee shall require the language of this certification to be included
<br />in all subcontracts, and all subcontractors shall certify and disclose accordingly. [49
<br />CFR 20],
<br />18. In accordance with Executive Order 12549, Debarment and Suspension (49 CFR
<br />29), the Grantee, by execution of this Project Agreement, shall agree and certify that
<br />neither it, nor its principals, is presently debarred, suspended, proposed for
<br />debarment, declared ineligible, or voluntarily excluded from participation in this
<br />transaction by any federal department or agency; and, that the Grantee shall not
<br />knowingly enter into any lower tier contract, or other covered transaction, with a
<br />person who is similarly debarred or suspended from participating in this covered
<br />transaction, unless authorized in writing by Federal Highway Administration to the
<br />Department. The Grantee shall include the language of this section in all
<br />subcontracts or lower tier agreements executed to support the Grantee's work under
<br />this Project Agreement.
<br />19. The Department and FHWA shall have the right, through their agents, servants, and
<br />employees designated for that purpose, to inspect the site of the Project and the
<br />Project Elements thereon at any reasonable time.
<br />20. Following receipt of an audit report identifying any refund due to the Department for
<br />noncompliance by the Grantee with the Project Agreement, the Grantee will be
<br />allowed sixty (60) days to submit additional pertinent documentation to offset any
<br />amount identified as being due to the Department. The Department, following a
<br />review of the documentation submitted by the Grantee, will inform the Grantee of
<br />the total refund due to the Department.
<br />21. The Department shall have the right to demand a refund, either in whole or in part,
<br />of the funds provided to the Grantee for noncompliance with the terms of this
<br />Project Agreement.
<br />22 If the United States acting within the scope of its lawful authority, through the
<br />FHWA, the Secretary of the FHWA, or any other branch of the government of the
<br />United States, should for any reason demand a refund from the Department, in
<br />whole or in part, of the funds provided to the Grantee under the terms of this Project
<br />Agreement, the Grantee, upon notification from the Department, agrees to refund
<br />and will forthwith repay directly to the Department the amount of money demanded.
<br />DEP Project Agreement No. T2925, Page 8 of 13
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