R2004-88 AUTHORIZING EXECUTION OF A TIRE LEASE AGREEMENT

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14. SEVERABILITY Any provision or part of this agreement held to be void or unenforceable under any regulation, law or judgment of a court of competent jurisdiction shall be deemed to be stricken, and all remaining provisions shall continue to be valid and binding upon the MANUFACTLTRER and the CITY. 15. FAILURE TO ENFORCE The failure to enforce at any time any of the provisions of this Agreement shall not be construed to be a waiver of such provisions or to affect the validity of this Agreement, or the right to enforce each and every provision hereof. 16. FALSE OR FRAUDULENT STATEMENTS OR CLAIMS The CI'TY acknowledges that the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. ss 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies,"49 C.F.R. Part 31, apply to its activities in connection with this project. The CTTY certifies and affirms the truthfulness and accuracy of the statements it has made, it makes, or may make in connection , with this project. In addition to other penalties that may apply, the CTTY also acknowledges that ' if it makes a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government, the Federal Government may impose the penalties of the Program Fraud Civil Remedies Act to the extent deemed appropriate. 17. FEDERAL CHANGES The Contractor shall comply with all applicable FTA regulations,policies, procedures and directives, including without limitation those listed directly or by reference in the FTA Master Agreement, as they may be amended or promulgated from time to time. The Contractor's failure to so comply shall constitute a material breach of the contract. 18. ENVIRONMENTAL PROTECTION The MANUFACTURER agrees to comply with all applicable requirements of the National Environmental Policy Act of 1969, as amended, (42 USC Section 4321 et sea.) consistent with Executive Order No. 11514, as amended, "Protection and Enhancement of Environmental Quality," (42 USC Section 4321 note); FTA statutory requirements�on environmental matters at 49 USC Section 5324 (b); Council of Environmental Quality regulations on compliance with the National Environmental Policy Act of 1969, as amended (40 CFR Part 1500 et sea.); and joint FHWA/FTA regulations, `Bnvironmental Impact and Related Procedures," (23 CFR Part 771 and 49 CFR Part 622). 19. CONSERVATION The MANUFACTLJRER shall comply with the mandatory energy efficiency standards and policies within the State of Illinois energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC Section 6321 et sea.) 20. METRIC SYST'EM The MANUFACTLIRER agrees to use the metric system of ineasurement, as may be required by the "Metric Conversion Act," as amended by the "Omnibus Trade and Competitiveness Act," (15 USC Section 205a et sea.); Executive Order No. 12770, "Metric Usage in Federal Government Programs," (15 USC Section 205a note); and other regulations, guidelines and policies issued by Decatur Public Transit System 11 Tire Lease Agreement