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R2014-06 AUTHORIZING AGREEMENT WITH DECATUR CITY TAX & DELIVERY, INC.
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R2014-06 AUTHORIZING AGREEMENT WITH DECATUR CITY TAX & DELIVERY, INC.
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7/31/2015 9:46:47 AM
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Resolution/Ordinance
Res Ord Num
R2014-06
Res Ord Title
AUTHORIZING AGREEMENT WITH DECATUR CITY TAXI & DELIVER, INC. FOR THE TRANSIT SYSTEM'S "OPERATION UPLIFT"
Department
Mass Transit
Approved Date
1/21/2014
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FEDERAL CLAUSES: <br /> Incorporation of Federal Transit Administration (FTA) Terms. The following provisions <br /> include, in part, certain Standard Terms and Conditions required by DOT, hether or not <br /> expressly set forth in the preceding contract provisions. All contractual provisions required by <br /> DOT, asset forth in FTA Circular 4220.1E, are hereby incorporated byre rence. Anything to <br /> the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the <br /> event of a conflict with other provisions contained in this contract. The Contractor shall not <br /> perform any act, fail to perform any act, or refuse to comply with any request of the City of <br /> Decatur which would cause the City of Decatur to be in violation of the FTA terms and <br /> conditions. <br /> Federal Changes. Contractor shall at all times comply with all applicable FTA regulations, <br /> policies,procedures and directives, including without limitation those liste directly or by <br /> reference in the Master Agreement between the City of Decatur and FTA, as they may be <br /> amended or promulgated from time to time during the term of this contract. Contractor's failure <br /> to so comply shall constitute a material breach of this contract. <br /> No Obligation by the Federal Government. <br /> (1) The Purchase and Contractor acknowledge and agree that, notwithstanding any concurrence <br /> by the Federal Government in or approval of the solicitation or award of the underlying contract, <br /> absent the express written consent by the Federal Government, the Federal'Government is not a <br /> party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, <br /> Contractor, or any other party(whether or not a party to that contract)pertaining to any matter <br /> resulting from the underlying contract. <br /> (2)The Contractor agrees to include the above clause in each subcontract financed in whole or in <br /> part with Federal assistance provided by the Federal Transit Administration (FTA). It is further <br /> agreed that the clause shall not be modified, except to identify the subcontractor who will be <br /> subject to its provisions. <br /> Program Fraud and False or Fraudulent Statements or Related Acts. <br /> (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act <br /> of 1986, as amended, 31 U.S.C. § 3801 et se . and U.S. Department of Transportation (DOT) <br /> regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining <br /> to this Project. Upon execution of the underlying contract,the Contractor certifies or affirms the <br /> truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be <br /> made,pertaining to the underlying contract or the FTA assisted project for which this contract <br /> work is being performed. In addition to other penalties that may be applicable, the Contractor <br /> further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent <br /> claim, statement, submission, or certification, the Federal Government reserves the right to <br /> impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the <br /> extent the Federal Government deems appropriate. <br /> - 15 - <br />
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