R2014-58 AUTHORIZING EXECUTION OF TIRE LEASE AGREEMENT

Home Browse Search

11.0 CLEAN AIR Bridgestone agrees to comply with all applicable standards, orders of regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §7401 et sea. Bridgestone agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the FTA and the appropriate Environmental Protection Agency Regional Office. 12.0 ENERGY CONSERVATION Bridgestone agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 13.0 BUY AMERICA Bridgestone shall certify (Attachment III, Form C) that it complies with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver (listed in 49 C.F.R. 661.7). Bridgestone is responsible for ensuring that lower tier contractors and subcontractors are in compliance. 14.0 TERMINATION All contracts in excess of $10,000 (with the exception of contracts with nonprofit organizations and institutions of higher education,) shall contain suitable provisions for termination by the contracting party including the manner by which it will be effected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the Contractor. 15.0 BREACHES AND DISPUTE RESOLUTION All contracts in excess of $100,000 shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where the contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. This may include provisions for bonding, penalties for late or inadequate performance, retained earnings, liquidated damages or other appropriate measures. 16.0 FEDERAL CHANGES Bridgestone 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 and FTA, as they may be amended or promulgated from time to time during the term of this contract. Bridgestone's failure to so comply shall constitute a material breach of this contract. 17.0 NO OBLIGATION BY THE FEDERAL GOVERNMENT Bridgestone acknowledges that, absent the express written consent by the Federal Government, the Federal Government is not a party to this Agreement and shall not be subject to any obligations or liabilities to Bridgestone or any other party pertaining to any matter resulting from the underlying Agreement. Bridgestone- July 1,2014 Page 16