R2002-137 AWARDING CONTRACT - Laserfiche WebLink

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obligations to meet such, fully and completely. Upon request, the CONTRACTOR shall furnish to the CITY certificates of compliance with all such laws, orders and regulations. The CONTRACTOR shall be responsible for obtaining all necessary permits and licenses required for performance under this Agreement. Applicable provisions of all Federal and State laws, and of all ordinances,rules, and regulations shall govern any and all claims and disputes which may arise between the CONTRACTOR and the CITY,by and through its officers, employees and authorized representatives, or any other persons, natural and otherwise, and lack of knowledge by the CONTRACTOR shall not constitute a cognizable defense against the legal effect thereof. 8.0 REQUIRED CLAUSES The CONTRACTOR or subcontractor shall insert in any subcontracts all of the clauses set forth in this section"8.0. Required Clauses", and also 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 the clauses set forth in this section. 8.1 INELIGIBLE CONTRACTOR A. The CONTRACTOR 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 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 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. 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. Decatur Public Ti•ansit Svstem Underground Tank Monitoring Upgrades 4