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26. DEBARMENT AND SUSPENSION CERTIFICATION <br />a. Consultant's signature affixed herein, shall constitute a certification under penalty <br />of perjury under the laws of the State of California, that Consultant has complied <br />with Title 2 CFR, Part 180, "OMB Guidelines to Agencies on Government wide <br />Debarment and Suspension (nonprocurement)", which certifies that he/she or any <br />person associated therewith in the capacity of owner, partner, director, officer, or <br />manager, is not currently under suspension, debarment, voluntary exclusion, or <br />determination of ineligibility by any federal agency; has not been suspended, <br />debarred, voluntarily excluded, or determined ineligible by any federal agency <br />within the past three (3) years; does not have a proposed debarment pending; and <br />has not been indicted, convicted, or had a civil judgment rendered against it by a <br />court of competent jurisdiction in any matter involving fraud or official misconduct <br />within the past three (3) years. Any exceptions to this certification must be <br />disclosed to City. <br />b. Exceptions to the Federal Government Excluded Parties List System maintained by <br />the General Services Administration are to be determined by the Federal highway <br />Administration. <br />27. MISCELLANEOUS PROVISIONS <br />a. Each undersigned represents and warrants that its signature herein below has the <br />power, authority and right to bind their respective parties to each of the terms of <br />this Agreement, and shall indemnify City fully, including reasonable costs and <br />attorney's fees, for any injuries or damages to City in the event that such authority <br />or power is not, in fact, held by the signatory or is withdrawn. <br />b. All exhibits referenced herein and attached hereto shall be incorporated as if fully <br />set forth in the body of this Agreement. <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first <br />above written. <br />ATTEST: <br />MARIA D, HUIZAR <br />Clerk of the Council <br />M 0.11101 W41M rX4W 7 <br />RAUL GODINEZ II <br />City Manager <br />Page 13 of 14 <br />25F-17 <br />