R2003-165 ACCEPTING PROPOSAL - Laserfiche WebLink

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REQUIRED CLAUSES This AGREEMENT includes, in part, certain standard terms and conditions required by the United States Department of Transportation(DOT),whether or not expressly set forth in the contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1D, dated April 15, 1996, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this AGREEMENT. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any City requests which would cause the City to be in violation of the FI'A terms and conditions. The Contractor shall insert in any subcontracts the clauses set forth in this document, along with their related attachments, plus a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these required clauses. The Contractor shall at all times comply with all applicable FI'A regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the FTA Master Agreement between the City and FTA, as they may be amended or promulgated from time to time during the term of this AGREEMENT. The Contractor's failure to so comply shall constitute a material breach of this AGREEMENT. 1. INELIGIBLE CONTRACTOR A. The Contractor shall certify that it is not included in the U.S. Comptroller General's list of ineligible contractors (Exhibit D), 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. - 9 -