R2000-162 AUTHORIZING A CONTRACT

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I The CONSULTANT shall not enter into any subcontracts or agreements, ar start any work by the I' work force s of a subcontractor, or use any materials from the stores of a subcontractor, with respect to this Agreement, without the prior concurrence of the Illinois Department of I Transportation. All such subcontracts, agreements, and force work and materials shall be ', handled as prescribed for third-party contracts, agreements and force-account work by the IDOT ' manual for Public Transportation Capital Improvement Grants. All requests for concurrence shall be submitted to the City for approval prior to submittal to IDOT. The CITY may assign its rights and obligations under the Agreement to any successor to the rights and functions of the CITY or to any governmental agency to the extent required by applicable laws or governmental regulations or to the extent the CITY deems necessary or advisable under the circumstances. The CONSULTANT may assign claims for money due or to become due the CONSULTANT from the CITY under this Agreement to a bank, trust company, or other financial institution without approval of the CITY. Notice of any such assignment or transfer shall be furnished promptly to the CITY. 14.0 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 CONSULTANT and the CITY. 15.0 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. No express waiver shall affect any event or default � other that the event of default specified in such waiver, and any such waiver, to be effective, must be in writing and shall be operative only for the time and to the extent expressly provided therein. A waiver of any covenant, term or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, tetm or condition. 16.0 FALSE OR FRAUDULENT STATEMENTS OR CLAIMS The CITY 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 CITY 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 CITY 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. Decatur Public Transit System Transit Planning Study 12