|
In addition, the City agrees to abide by the requirements of 49 C.F.R, Part 23, regarding minority
<br />(disadvantaged) business enterprises in DO T programs Failure to carry out the requirements set forth in
<br />49 C.F.R. section 23.43(a) shall constitute a breach of this agreement and, after the notification of the
<br />DOT, may result in termination of this agreement by the Council or such remedy as the Council deems
<br />appropriate.
<br />8.08 Permits, Bonds, and Approvals. The City is responsible for obtaining all applicable local
<br />and state licenses, permits, bonds, and authorizations necessary for performing the work in this
<br />agreement.
<br />8.09 Federal Requirements. The City acknowledges that this agreement is subject to FTA
<br />requirements for third party procurement. The City acknowledges that, if the City subcontracts the work
<br />provided for in this agreement, the City will conduct any subcontractor solicitation and require
<br />performance of subcontracted portions of this agreement in compliance with applicable FTA
<br />requirements, including requirements of the Davis-Bacon Act, the Seismic Safety requirements of 42
<br />U.S.C. §7701, the Contract Work Hours and Safety Standards Act, and the Copeland Anti-Kickback Act.
<br />The City shall seek assisuace from the Council in determining the applicability of these Federal
<br />requirements for any subcontracted work to be done under this agreement.
<br />8.10 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary
<br />Exclusion. If this agreement is in a total amount exceeding $100,000.00, by signing this agreement, the
<br />City certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment,
<br />declared ineligible, or voluntarily excluded from participation in this agreement by any Federal
<br />department or agency. This certification is a material representation of fact upon which the Council
<br />relies in entering this agreement. If it is later determined that the City knowingly rendered an erroneous
<br />certification, in addition to other remedies available to tlie Federal Government, the department or
<br />agency with which this transaction originated may pursue availdblc remedies, including suspension
<br />and/or debarment. The City shall provide to the Council imn ediate written notice if it any time the City
<br />learns that its certification was erroneous when submitted or h.xs become erroneous by reason of changed
<br />circumstances. The City further certifies that it will comply wi h the requirements of 49 C.F.R. section
<br />29.510 and obtain the required certifications before entering inU^ any subcontracts over $100,000 using
<br />funds provided through this agreement, and submit copies of the subcontractors* certifications to the
<br />Council.
<br />8.11 Certification of Restrictions on Lobbying; Disclosure. If this agreement is in a total
<br />amount exceeding $100,000, the City certifies that no federal appropriated funds have been paid or will
<br />be paid by or on behalf of the City for influencing or attempting to influence an officer or employee of
<br />any federal agency, a member <' f Congress, an office^ oi employee of Congress, or an employee of a
<br />member of Congress in connection with the awarding of arv federal contract, the making of any f deral
<br />grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension,
<br />continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative
<br />agreement. A certification of this compliance is attached to and made a part of this agreement as Exhibit
<br />E. The City further certifies that, if any funds omer than federal appropriated funds have been paid or
<br />will be paid to any person for influencing or attempting to influence an officer or employee of any
<br />federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member
<br />of Congress in connection with the projects funded by the funds allocated to the City in this agreement,
<br />the City shall complete and submit to the Council, Standard Form-LLL, “Disclosure Form to Report
<br />Lobbying .” in accordance with its instructions.
<br />The City certifies that it will require the language of this certification be included in the award
<br />documents for any subcontracts in excess of $100,000.00 under this agreement, and that all
<br />-7-
|