R2009-79 ACCEPTING PROPOSAL FIRST TRANSIT, INC.

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7.0 DISADVANTAGED BUSINESS ENTERPRISE (DSE) By signing this Agreement, the Contractor agrees to comply with the U.S. Department of Transportation's requirements (Title 49, Part 23 of the Code of Federal Regulations, dated July 21, 1983) entitled "Minority Business Enterprise in Department of Transportation Programs." 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 se�c. 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. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious or fraudulent claim, statement, submission or certification to the Federal Government pertaining to this contract, the Federal Government reserves the right to impose the penalties of 18 U.S.C. §1001 and 49 U.S.C. §5307(n)(1) on the Contractor to the extent the Federal Government deems appropriate. 10.0 LOBBYING The Contractor shall certify by filing the required certificate (Appendix B) that it complies with the requirements of the Byrd Anti-Lobbying Amendment, 31 U.S.C. §1352, as amended by the Lobbying Disclosure Act of 1995, 2 U.S.C. §1601 et s� Each subcontractor shall certify to the contractor above it that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attmepting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. §1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on behalf with non-Federal funds with respect to that Federal contract, grant of award covered by 31 U.S.C. §1352. Such disclosures shall be forwarded from subcontractor to contractor up to the City. 26