R2023-159 Resolution Accepting the Proposal and Authorizing the Execution of an Agreement for Professional Services for the Electric Vehicle Readiness Plan with CDM Smith

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EXHIBIT B REQUIRED CLAUSES REQUIRED CLAUSES 1. Incorporation of FTA Terms The following provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions.All contractual provisions required by FTA,as set forth in FTA Circular 4220.IF, are hereby incorporated by reference.Anything to the contrary herein notwithstanding,all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this contract.The Contractor shall not perform any act,fail to perform any act, or refuse to comply with any request of the City which would cause the City to be in violation of the FTA terms and conditions. Pursuant to Federal,State, and Local Law: In performance of its obligations pursuant to this Contract,the Contractor and any subcontractors shall comply with all applicable provisions of federal,state, and local law, including the applicable provisions of the City's agreement with the Department and the Department's current Master Agreement with the FTA.All limits and standards set forth in this Contract to be observed in the performance of the services are minimum requirements and shall not affect the application to the performance of the services or more restrictive local standards that are not inconsistent with the limits and standards of this Agreement. Federal Changes. Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between the City of Decatur and FTA, as they may be amended or promulgated from time to time during the term of this contract.Contractor's failure to so comply shall constitute a material breach of this contract. 2. No Obligation by the Federal Government 1. The City and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the City, Contractor, or any other party(whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. 2.The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by the Federal Transit Administration (FTA). It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 10