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375-030-12
<br />PROCUREMENT
<br />OGC – 9/16
<br />Page A10 of 11
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<br />discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must
<br />take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg.
<br />at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from
<br />discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
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<br />J. Interest of Members of Congress: No member of or delegate to the Congress of the United States will be
<br />admitted to any share or part of this contract or to any benefit arising therefrom.
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<br />K. Interest of Public Officials: No member, officer, or employee of the public body or of a local public body
<br />during his tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the
<br />proceeds thereof. For purposes of this provision, public body shall include municipalities and other political
<br />subdivisions of States; and public corporations, boards, and commissions established under the laws of any
<br />State.
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<br />L. Participation by Disadvantaged Business Enterprises: The Consultant shall agree to abide by the following
<br />statement from 49 CFR 26.13(b). This statements shall be included in all subsequent agreements between
<br />the Consultant and any subconsultant or contractor.
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<br />The Consultant, sub recipient or subcontractor shall not discriminate on the basis of race, color, national
<br />origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements
<br />of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the Consultant
<br />to carry out these requirements is a material breach of this contract, which may result in termination of
<br />this contract or other such remedy as the recipient deems appropriate.
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<br />M. It is mutually understood and agreed that the willful falsification, distortion or misrepresentation with respect
<br />to any facts related to the project(s) described in this Agreement is a violation of the Federal Law.
<br />Accordingly, United States Code, Title 18, Section 1020, is hereby incorporated by reference and made a part
<br />of this Agreement.
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<br />N. It is understood and agreed that if the Consultant at any time learns that the certification it provided the
<br />Department in compliance with 49 CFR, Section 26.51, was erroneous when submitted or has become
<br />erroneous by reason of changed circumstances, the Consultant shall provide immediate written notice to the
<br />Department. It is further agreed that the clause titled "Certification Regarding Debarment, Suspension,
<br />Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" as set forth in 49 CFR, Section
<br />29.510, shall be included by the Consultant in all lower tier covered transactions and in all aforementioned
<br />federal regulation.
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<br />O. The Department hereby certifies that neither the consultant nor the consultant's representative has been
<br />required by the Department, directly or indirectly as an express or implied condition in connection with
<br />obtaining or carrying out this contract, to
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<br />(1) employ or retain, or agree to employ or retain, any firm or person, or
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<br />(2) pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of
<br />any kind;
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<br />The Department further acknowledges that this agreement will be furnished to a federal agency, in connection
<br />with this contract involving participation of Federal-Aid funds, and is subject to applicable State and Federal
<br />Laws, both criminal and civil.
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<br />P. The Consultant hereby certifies that it has not:
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<br />(1) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any
<br />firm or person (other than a bona fide employee working solely for the above contractor) to solicit or secure
<br />this contract;
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<br />(2) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any
<br />firm or person in connection with carrying out this contract; or
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<br />DocuSign Envelope ID: A4AD1F85-7AED-446C-B47A-9804B3DF3740
<br />F-36
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