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R2009-65 AUTHORIZING EXECUTION OF A TIRE LEASE AGREEMENT
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R2009-65 AUTHORIZING EXECUTION OF A TIRE LEASE AGREEMENT
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10/13/2015 4:42:39 PM
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Resolution/Ordinance
Res Ord Num
R2009-65
Res Ord Title
AUTHORIZING EXECUTION OF A TIRE LEASE AGREEMENT WITH BRIDGESTONE AMERICAS TIRE OPERATIONS, LLC.
Department
Mass Transit
Approved Date
5/4/2009
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9. REQUIRED CLAUSES <br /> The Contractor must comply with all applicable Federal Transit Administration clauses <br /> including, but not limited to those listed in this section. Federal requirements may change and <br /> the changed requirements shall apply to the project as required, unless the Federal Government <br /> determines otherwise. The Contractor or subcontractor shall insert in an subcontracts all of the <br /> Y <br /> clauses set forth in this section"9. Required Clauses", and also a clause requiring the '� <br /> subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be <br /> responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set <br /> forth in this section. <br /> 9.1 INELIGIBLE CONTRACTOR <br /> A. The Contractor shall certify that it is not included in the U.S. Comptroller General's <br /> list of ineligible contractors (Attachment C), or it shall provide an explanation as to why <br /> it cannot provide the signed certification. <br /> B. The inability of a person to provide the required certification shall not necessarily <br /> result in denial of participation in this covered transaction. The prospective participant <br /> shall submit an explanation of why it cannot provide the certification set out. The <br /> certification or explanation shall be considered in connection with the City's <br /> determination whether to enter into this transaction. However, failure of the prospective <br /> primary participant to furnish a certification or an explanation shall disqualify such <br /> person from participation in this transaction. <br /> C. The certification in this clause is a material representation of fact upon which reliance <br /> was placed when the City determined to enter into this transaction. If it is later <br /> determined that the prospective primary participant knowingly rendered an erroneous <br /> certification, in addition to other remedies available to the Federal Government, the City <br /> may terminate this transaction for cause of default. <br /> D. The prospective primary participant shall immediately provide written notice to the <br /> City if at any time the prospective primary participant learns that its certification was <br /> erroneous when submitted or has become erroneous by reason of changed circumstances. <br /> E. The terms "covered transaction," "suspended," "ineligible, "lower tier covered <br /> transaction," "participant," "person," "primary covered transaction," "principal," <br /> "proposal," "and "voluntarily excluded," as used in this clause, have the meanings set out in <br /> the Definitions and Coverage sections of the rules implementing Executive Order 12549. <br /> F. The prospective primary participant agrees by signing this Agreement that it shall not <br /> knowingly enter into any lower tier covered transaction with a person who is debarred, <br /> declared ineligible, or voluntarily excluded from participation in this covered transaction, <br /> unless authorized in writing by the City. <br /> G. The prospective primary participant further agrees by executing this Agreement that <br /> it shall include this section 9.1 and the Ineligible Contractors Certificate (Attachment C), <br /> provided by the City and included with these specifications, without modification, in all <br /> lower tier covered transactions and in all solicitations for lower tier covered transactions. <br /> Decatur Public Transit System 4 Tire Lease Agreement <br />
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