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<br />I <br /> <br />I <br /> <br />I <br /> <br />Attachment B <br /> <br />Project Title: STEP Wave <br />Subgrantee: Citv of San Marcos <br /> <br />ARTICLE 24. DEBARMENT/SUSPENSION <br /> <br />A. The Subgrantee certIfies, to the best of Its knowledge and belief, that It and its principals: <br /> <br />1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily <br />excluded from covered transactions by any federal department or agency; <br /> <br />2. Have not wIthin a three (3) year penod preceding this Agreement been conVIcted of or had a cIvil <br />Judgment rendered against them for commission of fraud or a cnminal offense in connectIOn wIth <br />obtaining, attempting to obtam, or performing a federal, state, or local public transaction or <br />contract under a public transactIOn; VIOlation of federal or state antitrust statutes; or commIssion <br />of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false <br />statements, or receIving stolen property; <br /> <br />3. Are not presently mdicted or otherwise cnmmally or civilly charged by a federal, state, or local <br />governmental entIty with commISSIon of any of the offenses enumerated m paragraph A. 2. of <br />thIS Article; and <br /> <br />4. Have not, wIthm a three (3) year perIod precedmg thIS Agreement, had one or more federal, state, <br />or local publIc transactIOns termmated for cause or default. <br /> <br />B. Where the Subgrantee is unable to certIfy to any of the statements m thIS Article, such Subgrantee <br />shall attach an explanation to this Agreement. <br /> <br />C. The Subgrantee IS prohibIted from making any award or permittmg any award at any tier to any party <br />whIch IS debarred or suspended or otherwIse excluded from or ineligible for partiCIpatIOn m federal <br />aSSIstance programs under ExecutIve Order 12549, Debarment and Suspension. <br /> <br />D. The Subgrantee shall require any party to a subcontract or purchase order awarded under thIS Grant <br />Agreement to certify its elIgibilIty to receIve federal grant funds, and, when requested by the <br />Department, to furnIsh a copy of the certificatIOn. <br /> <br />ARTICLE 25. LOBBYING CERTIFICATION <br /> <br />The Sub grantee certIfies to the best of his or her knowledge and belief that: <br /> <br />A. No federally approprIated funds have been paid or will be paId by or on behalf of the Subgrantee to <br />any person for mfluencing or attemptmg to mfluence an officer or employee of any federal agency, a <br />Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress <br />in connection with the awarding of any federal contract, the making of any federal grant, the making <br />of any federal loan, the entenng mto of any cooperative agreement, and the extenSIon, contmuatIOn, <br />renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. <br /> <br />B. If any funds other than federal appropriated funds have been paid or will be paId to any person for <br />mfluencmg or attemptmg to mfluence an officer or employee of any federal agency, a Member of <br />Congress, an officer or employee of Congress, or an employee of a Member of Congress in <br />connectIOn with thIS federal contract, grant, loan, or cooperative agreement, the party to this <br />Agreement shall complete and submIt Standard Form - LLL, "Disclosure Form to Report Lobbying," <br />m accordance WIth ItS instructions. <br /> <br />C. The Subgrantee shall reqUIre that the language of this certIficatIon be included in the award <br />documents for all subawards at all tiers (including subcontracts) and that all subrecipIents shall <br />certIfy and dIsclose accordmgly. <br /> <br />Page 11 of 12 <br /> <br />TxDOT Form 1854 (rev. 7/20/2004) <br />