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City of Eugene / State of Oregon - Dept. of Transportation <br />Agreement No. 26495 <br />believes is evidence of: (a) gross mismanagement of a contract or grant relating to <br />ARRA funds; (b) a gross waste of ARRA funds; (c) a substantial and specific danger <br />to public health or safety related to the implementation or use of ARRA funds; (d) an <br />abuse of authority related to implementation or use of ARRA funds; or (e) a violation <br />of law, rule, or regulation related to an agency contract (including the competition for <br />or negotiation of a contract) or grant, awarded or issued relating to ARRA funds. The <br />contractor and its subcontractors shall post notice of the rights and remedies available <br />to employees under Section 1553 of ARRA. <br />27. False Claim Act - The contractor shall promptly refer to an appropriate federal <br />inspector general any credible evidence that a principal, employee, agent, <br />subcontractor or other person has committed a criminal or civil violation of laws <br />pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving <br />those funds. <br />28.Any termination of this Agreement shall not prejudice any rights or obligations accrued <br />to the Parties prior to termination. <br />29.Agency, as a recipient of federal funds, pursuant to this Agreement with State, shall <br />assume sole liability for Agency's breach of any federal statutes, rules, program <br />requirements and grant provisions applicable to the federal funds, and shall, upon <br />Agency's breach of any such conditions that requires State to return funds to the <br />FHWA, hold harmless and indemnify State for an amount equal to the funds received <br />under this Agreement; or if legal limitations apply to the indemnification ability of <br />Agency, the indemnification amount shall be the maximum amount of funds available <br />for expenditure, including any available contingency funds or other available non- <br />appropriated funds, up to the amount received under this Agreement. <br />30.This Agreement and the Certification Program Agreement No. 24651, and all and the <br />attached exhibits constitutes the entire agreement between the Parties on the subject <br />matter hereof. There are no understandings, agreements, or representations, oral or <br />written, not specified herein regarding this Agreement. No waiver, consent, <br />modification or change of terms of this Agreement shall bind either party unless in <br />writing and signed by both Parties and all necessary approvals have been obtained. <br />Such waiver, consent, modification or change, if made, shall be effective only in the <br />specific instance and for the specific purpose given. The failure of State to enforce <br />any provision of this Agreement shall not constitute a waiver by State of that or any <br />other provision. <br />31. State's Project Liaison for the Agreement is Ted Keasey, Region 2 Local Program <br />Liaison, 455 Airport Road SE, Building B, Salem, Oregon 97301-5395; phone (503) <br />986-6903, or by an individual designated by the State's Region Manager in the event <br />of the unavailability of the aforementioned individual. <br />Page 6 of 11 <br />