R2007-11 AUTHORIZING AN AGREEMENT

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REQUIRED CLAUSES The CONTRACTOR shall comply with all applicable Federal Transit Administration clauses including,but not limited to those listed in this section. Federal requirements may change and the changed requirements shall apply to the project as required, unless the CITY determines otherwise. 1.0 INELIGIBLE CONTRACTOR A. The CONTRACTOR shall certify that it is not included in the U.S. Comptroller General's list of ineligible contractors (see Exhibit A), or it shall provide an explanation as to why it cannot provide the signed certification. B. The inability of a person to provide the required certification will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out. The certification or explanation will be considered in connection with the CITY's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. C. The certification in this clause is a material representation of fact upon which reliance was placed when the CITY determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available, the CITY may terminate this ' transaction for cause of default. � D. The prospective primary participant shall immediately provide written notice to the CITY if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. E. T'he terms "covered transaction," "suspended," "ineligible, "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," "and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. F. The prospective primary participant agrees by submitting this proposal that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by the CITY. G. The prospective primary participant further agrees by submitting this proposal that it will include this section and the Ineligible Contractors Certificate (Exhibit A),provided by the CITY and included with these specifications, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 15