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REQUIRED CLAUSES
<br /> Incorporation of Federal Transit Administration(FTA)Terms. The following provisiqns include,in part,
<br /> certain Standard Terms and Conditions required by DOT,whether or not expressly set forth in the preceding
<br /> contract provisions. All contractual provisions required by DOT,as set forth in FTA Circular 4220.IF,are hereby
<br /> incorporated by reference. Anything to the contrary herein notwithstanding,all FTA mandted terms shall be
<br /> deemed to control in the 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 Decatur which would
<br /> cause the City of Decatur to be in violation of the FTA terms and conditions.
<br /> Federal Changes. Contractor shall at all times comply with all applicable FTA regulationpolicies,procedures
<br /> Ir
<br /> and directives,including without limitation those listed directly or by reference in the Mast Agreement between
<br /> the City of Decatur and FTA,as they may be amended or promulgated from time to time during the term of this
<br /> contract.Contractor's failure to so comply shall constitute a material breach of this contract
<br /> No Obligation by the Federal Government.
<br /> (1)The City and Contractor acknowledge and agree that,notwithstanding any concurrence by the Federal
<br /> Government in or approval of the solicitation or award of the underlying contract,absent thexpress written consent
<br /> by the Federal Government,the Federal Government is not a party to this contract and shall�not be subject to any
<br /> obligations or liabilities to the City, Contractor,or any other party(whether or not a party td that contract)pertaining
<br /> to any matter resulting from the underlying contract.
<br /> (2)The Contractor agrees to include the above clause in each subcontract financed in wholq or in part with Federal
<br /> assistance provided by the Federal Transit Administration(FTA). It is further agreed that t*e clause shall not be
<br /> modified,except to identify the subcontractor who will be 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 of 1986,as amended,
<br /> 31 U.S.C. §3801 et SeMc.and U.S.Department of Transportation(DOT)regulations, "Program Fraud Civil
<br /> Remedies,"49 C.F.R.Part 31,apply to its actions pertaining to this Project. Upon execution of the underlying
<br /> contract,the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made,it makes,it
<br /> may make,or causes to be made,pertaining to the underlying contract or the FTA assisted project for which this
<br /> contract work is being performed. In addition to other penalties that maybe applicable,the I Contractor further
<br /> acknowledges that if it makes,or causes to be made,a false,fictitious,or fraudulent claim,Statement,submission,or
<br /> certification,the Federal Government reserves the right to impose the penalties of the Program Fraud Civil
<br /> Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.
<br /> (2)The Contractor also acknowledges that if it makes,or causes to be made,a false,fictitious,or fraudulent claim,
<br /> statement,submission,or certification to the Federal Government under a contract connectejd with a project that is
<br /> financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. §
<br /> 5307,the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1)on
<br /> the Contractor,to the extent the Federal Government deems appropriate.
<br /> (3)The Contractor agrees to include the above two clauses in each subcontract financed inhole or in part with
<br /> Federal assistance provided by FTA. It is further agreed that the clauses shall not be modif�d,except to identify the
<br /> subcontractor who will be subject to the provisions.
<br /> Energy Conservation. The Contractor agrees to comply with mandatory standards and policies relating to energy
<br /> efficiency which are contained in the state energy conservation plan issued in compliance v,ith the Energy Policy
<br /> and Conservation Act.
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