09 - FEMA Flood Mitigation Assistance (FMA) Program Third Party Administrator

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its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). The CONSULTANT must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the CITY. If it is later determined that the CONSULTANT did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the CITY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The CONSULTANT agrees to comply with the requirements oft C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. XXX B)rrd Anti -Lobbying Amendment CONSULTANT certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. CONSULTANT shall disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. XXXI State Auditor Clause By executing this Contract, the CONSULTANT accepts the authority of the State Auditor's Office, under direction of the legislative audit committee, to conduct audits and investigations in connection with any and all state funds received pursuant to this contract. The CONSULTANT shall comply with and cooperate in any such investigation or audit. The CONSULTANT agrees to provide the State Auditor with access to any information the State Auditor considers relevant to the investigation or audit. The CONSULTANT also agrees to include a provision in any subcontract related to this contract that requires the CONSULTANT to submit to audits and investigation by the State Auditor's Office in connection with any and all state funds received pursuant to the subcontract. XXXII No Debt Against the State Clause This Agreement shall not be construed as creating any debt by or on behalf of the State of Texas and the TWDB, and all obligations of the State of Texas are subject to the availability of funds. To the extent the performance of this Agreement transcends the biennium in which this Agreement is entered into, this Agreement is specifically contingent upon the continued authority of the TWDB and appropriations therefore. XXXIII LICENSES AND PERMITS The CONSULTANT shall be solely and entirely responsible for procuring all appropriate licenses and permits, which may be required by any competent authority for the CONSULTANT to perform the subject work. IN WITNESS WHEREOF, the parties hereto have set their hands by their representatives duly authorized on the day and year first written above. --------------------------------SIGNATURE PAGE FOLLOWS -------------------------------- Professional Services Contract —FMA Program Funding Administration Resource Management & Consulting Co. Page 12 of 18