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1. are not presently debarred, suspended, proposed for debarment, declared <br /> ineligible, or voluntarily excluded from covered transactions by a federal <br /> department or agency; <br /> 2. have not, within a five-year period preceding this proposal been convicted of or <br /> had a civil judgment rendered against them for: <br /> a) the commission of fraud or a criminal offense in connection with <br /> obtaining, attempting to obtain, or performing a public (federal, state or <br /> local)transaction or contract under public transaction. <br /> b) violation of federal or state antitrust statutes or commission of <br /> embezzlement, theft, forgery, bribery, falsification or destruction of <br /> records, making false statements,or receiving stolen property. <br /> c) have not within a five-year period preceding this Agreement had one or <br /> more public transactions (federal, state or local) terminated for cause or <br /> default. <br /> Where the Subgrantee is unable to certify to any of the statements in this certification, <br /> such Subgrantee shall attach an explanation to this Agreement. In addition, the <br /> Subgrantee shall submit to the Grantee (by email or facsimile) the completed <br /> "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion" <br /> for each prospective subcontractor which Subgrantee intends to fund under this <br /> Agreement. See Attachment C. Such form must be received by the Grantee prior to the <br /> Subgrantee entering into a contract with any prospective subcontractor. <br /> K. The validity of this Agreement is subject to the truth and accuracy of all the information, <br /> representations, and materials submitted or provided by the Subgrantee in this <br /> Agreement, in any subsequent submission or response to Grantee request, or in any <br /> submission or response to fulfill the requirements of this Agreement, and such <br /> information, representations, and materials are incorporated by reference. The lack of <br /> accuracy thereof or any material changes shall, at the option of the Department and with <br /> thirty(30)days written notice to the Subgrantee,cause the termination of this Agreement <br /> and the release of the Grantee from all its obligations to the Subgrantee. <br /> L. This Agreement shall be construed under the laws of the State of North Dakota, and <br /> venue for any actions arising out of this Agreement shall lie in Burleigh County. If any <br /> provision hereof is in conflict with any applicable statute or rule, or is otherwise <br /> unenforceable, then such provision shall be deemed null and void to the extent of such <br /> conflict, and shall be deemed severable, but shall not invalidate any other provision of <br /> this Agreement. <br /> M. The Subgrantee certifies, by its signature to this Agreement, that to the best of his or her <br /> knowledge and belief: <br /> 1. No federal appropriated funds have been paid or will be paid, by or on behalf of <br /> the undersigned, to any person for influencing or attempting to influence an <br /> officer or employee of any agency, a Member of Congress, an officer or <br /> employee of Congress, or an employee of a Member of Congress in connection <br /> with the awarding of any federal contract, the making of any federal grant, the <br /> making of any federal loan, the entering into of any cooperative agreement, and <br /> the extension, continuation, renewal, amendment or modification of any federal <br /> contract,grant, loan or cooperative agreement. <br /> 2. If any funds other than federal appropriated funds have been paid or will be paid <br /> to any person for influencing or attempting to influence an officer or employee of <br /> any agency, a Member of Congress, an officer or employee of Congress, or an <br /> employee of a Member of Congress in connection with this federal contract, <br /> grant, loan or cooperative agreement, the undersigned shall complete and submit <br /> 10 <br />