R2012-43 AUTHORIZING AGREEMENT WITH ALPHA & OMEGA TRANSIT NETWORK, INC.

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not utilize any subcontractor declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporation. ILLINOIS FREEDOM OF INFORMATION ACT All documents and records in the possession of the Livery Company, its sub-contractors and any other person employed by the Livery Company or its sub-contractor to perform a governmental function on the City's behalf and directly related to the governmental function are subject to the Illinois Freedom of Information Act. The Livery Company shall cooperate fully with the City to ensure the City's compliance with the Freedom of Information Act and shall hold the City harmless and indemnify it for any failure to so comply. COMMUNICATIONS For purposes of this Agreement, all communications shall be addressed to the respective parties as follows: The City The Livery Company The City of Decatur, Illinois Alpha& Omega Transit Network, Inc. #1 Gary K. Anderson Plaza 5155 West Cantrell Street Decatur, Illinois 62523 Decatur, IL 62522 REQUIRED CLAUSES This Agreement shall include certain Standard Terms and Conditions required by the United States Department of Transportation(DOT), whether or not expressly set forth in the contract provisions. All contractual provisions required by DOT, as set forth in the Federal Transit Administration (FTA) Circular 4220.1F (revised April 14, 2009), 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 Agreement. The Livery Company shall not perform any act, fail to perform any act, or refuse to comply with any City request which would cause the City to be in violation of the FTA terms and conditions. The Livery Company or it's subcontractor must insert in any subcontracts the federal clauses set forth in Appendix A, along with their related attachments,plus a clause requiring the sub- contractors to include these clauses in any lower tier subcontracts. The Livery Company shall be responsible for compliance by any subcontractor or lower tier subcontractor with these required clauses. The Livery Company 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 FTA Master Agreement between the City and FTA, as they may be amended or promulgated from time to time during the term of this contract. The Livery Company's failure to so comply shall constitute a material breach of this contract. - 12 -