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Control Act 33 USC § 1251 — 1387, and the Energy Policy Conservation Act under 42 <br />USC § 6201. <br />11.9 Debarment/Suspension. SUBRECIPIENT is prohibited from making any award or <br />permitting any award at any tier to any party which is debarred or suspended or <br />otherwise excluded from or ineligible for participation in federal assistance programs <br />under Executive Order 12549, Debarment and Suspension. SUBRECIPIENT and its <br />subcontractors shall comply with the special provision "Certification Requirements for <br />Recipients of Grants and Cooperative Agreements Regarding Debarments and <br />Suspensions" which is included as Exhibit C of this agreement. <br />11.10 Restrictions on Lobbying. SUBRECIPIENT is prohibited from using monies for <br />lobbying purposes; SUBRECIPIENT shall comply with the special provision <br />"restrictions on Lobbying," which is included as Exhibit D of this Agreement. <br />SUBRECIPIENT shall include a statement of compliance with the Lobbying <br />Certification and Disclosure of Lobbying activities in applicable procurement <br />solicitations. Lobbying Certification and Disclosure of Lobbying Activities shall be <br />completed by subcontractors and included in subcontractor contracts, as applicable. <br />SUBRECIPIENT agrees to comply with the Title 40 CFR Part 34, New Restrictions on <br />Lobbying. In accordance with the Byrd Anti -Lobbying Amendment, any Recipient who <br />makes a prohibited expenditure under Title 40 CFR Part 34 or fails to file the required <br />certification or lobbying forms shall be subject to a civil penalty of not less than <br />$10,000 and not more than $100,000 for each such expenditure. <br />11.11 Procurement of Recovered Materials. SUBRECIPIENT agrees to comply with all <br />applicable provisions of 2 CFR §200.322. <br />11.12 Disadvantaged Business Enterprises (DBE). The SUBRECIPIENT shall not <br />discriminate on the basis of race, color, national origin, or sex in the performance of <br />this contract. The contractor shall carry out applicable requirements of 49 CFR, Part <br />33 and 2 CFR 200.321 in the award and administration of U.S. Environmental <br />Protection Agency assisted contracts. Failure by the contractor to carry out these <br />requirements is a material breach of this agreement, which may result in the <br />termination of this agreement or such other remedy as the recipient deems <br />appropriate. <br />11.13 Whistleblower Policy. KTB has adopted a Whistleblower Policy as a responsibility to <br />its public and private investors and to the clients it serves for ethical and legal <br />management of its resources in order to accomplish the organization's mission. <br />Internal control systems are in place at KTB that work to prevent and detect <br />inappropriate activities; however, absolute protection of KTB's resources cannot be <br />guaranteed. The whistleblower policy definds KTB's commitment to the investigation of <br />allegations of improper activities or directives as well as the protection policy of <br />whistleblowers, representing KTB's integration of the Texas Whistleblower into its <br />policies and procedures. Contractors, agents, and volunteers can report suspected <br />inappropriate activities to: suzanne@ktb.org. <br />11.14 False Claim. The SUBRECIPIENT must promptly refer to the EPA's Inspector <br />General any credible evidence that a principal, employee, agent, subgrantee <br />contractor, subcontractor, loan recipient, or other person has submitted a false claim <br />under the False Claims Act or has committed a criminal or civil violation of laws <br />pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving <br />funds provided under this grant or subgrants awarded by the grantee. <br />Memorandum of Understanding Page 2 <br />