28.
29.
30.
(a)
(b)
(b)
(c)
No Government Obligation
The CITY and the CONTRACTOR acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or award of the
underlying contract, absent the express written consent by the Federal Government, the Federal
Government is not a party to this contract and shall not be subject to any obligations or liabilities
to the CITY, the CONTRACTOR, or any other party (whether or not a party to that contract)
pertaining to any matter resulting from the underlying contract.
The CONTRACTOR agrees to include the above clause in each subcontract financed in whole or
in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be
modified, except to identify the SUBCONTRACTOR who will be subject to its provisions.
incorporate FTA Terms
"General Contract Provisions,”, includes, in part, certain standard terms and conditions required
by DOT, whether or not expressly set forth in the Contract provisions. All contractual provisions
required by DOT, as set forth in FTA Circular 4220.1 F, as amended, are hereby incorporated by
reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be
deemed to conirol 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 FTA terms and conditions.
Program Fraud and False or Fraudulent Statements or Related Acts.
The CONTRACTOR acknowledges that the provisions of the Program Fraud Civil Remedies Act
of 1986, as amended, 31 U.S.C.§ 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil
Remedies,” 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of
the underlying contract, the CONTRACTOR certifies or affirms the truthfulness and accuracy of
any statement it has made, it makes, it may make, or causes to be made, pertaining to the
underlying contract or the FTA assisted project for which this contract work is being performed. In
addition to other penalties that may be applicable, the CONTRACTOR further acknowledges that
if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or
certification, the Federal Government reserves the right to impose the penalties of the Program
Fraud Civil Remedies Act of 1986 on the CONTRACTOR to the extent the Federal Government
deems appropriate.
The CONTRACTOR also acknowledges that if it makes, or causes to be made, a false, fictitious,
or fraudulent claim, statement, submission, or certification to the Federal Government under a
contract connected with a project that is financed in whole or in part with Federal assistance
originally awarded by FTA under the authority of 49 U.S.C.§ 5307, the Government reserves the
right to impose the penalties of 18 U.S.C.§ 1001 and 49 U.S.C.§ 5307(n)(1) on the
CONTRACTOR, to the extent the Federal Government deems appropriate.
The CONTRACTOR agrees to include the above two clauses in each subcontract financed in
whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses
shall not be modified, except to identify the SUBCONTRACTOR who will be subject to the
provisions.
Entire Agreement
This Agreement contains the entire agreement between the CITY and the CONTRACTOR and no oral
agreement, promise, statement or represeniation, which is not herein contained, shail be binding upon
the CITY or the CONTRACTOR. All amendments to this Agreement shall be in writing and executed
by both parties.
