R2014-52 ACCEPTING PROPOSAL OF MV TRANSPORTATION, INC. FOR TRANSIT SYSTEM MANAGEMENT

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7.0 DISADVANTAGED BUSINESS ENTERPRISE (DBE) (A) This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26,Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. A separate contract goal has not been established for this contract. (B) The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City deems appropriate. Each subcontract the Contractor signs with a subcontractor must include the assurance in this paragraph(see 49 CFR 26.13(b)). (C) The Contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor's receipt of payment for that work from the City. In addition, the Contractor may not hold retainage from its subcontractors. (D) The contractor must promptly notify the City whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the City. 8.0 COVENANT AGAINST GRATUITIES By signing this Agreement,the Contractor warrants that they have not offered or given gratuities (in the form of entertainment, gifts, or otherwise) to any official or employee of the City, with a view toward securing favorable treatment in the award, amendment, or performance evaluation of work done under this Agreement. 9.0 PROGRAM FRAUD The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §3801 et sec.. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this contract. By executing the underlying contract, the Contractor certifies and affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract. The Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. 24