R2004-88 AUTHORIZING EXECUTION OF A TIRE LEASE AGREEMENT

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9. REQUIRED CLAUSES The MANUFACTLJRER must 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 Federal Government determines otherwise. The MANUFACTLTRER or subcontractor shall insert in any subcontracts all of the clauses set forth in this section"9. Required Clauses", and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The MANUFACTLTRER shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. 9.1 INELIGIBLE CONTRACTOR A. The MANUFACTURER shall certify that it is not included in the U.S. Comptroller General's list of ineligible contractors (Attachment C), 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 shall 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 shall 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 CTI'Y 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 to the Federal Government, 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. i E. The 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 signing this Agreement 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 CTTY. G. The prospective primary participant further agrees by executing this Agreement that it shall include this section 9.1 and the Ineligible Contractors Certificate (Attachment C), 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. Decatur Public Transit System 4 Tire Lease Agreement