APPENDIX A
CERTIFICATION OF PRIMARY PARTICIPANT - DEBARMENT
The CONTRACTOR certifies that it, its principals as defined in 49 CFR 29.995, or affiliates, as defined in
49 CFR 29.905:
1.
Are not presently debarred, suspended, purposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any federal department or agency;
commercial bill-of-lading in English for each shipment of cargo described herein to the Division of National
Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the recipient
(through contractor in the case of a subcontractor's bill-of-lading.); c. include these requirements in all
subcontracts issued pursuant to this contract when the subcontract involves the transport of equipment,
material or commodities by ocean vessel; d. Requires Bidder and subcontractors at every tier to use United
Caption
The caption headings of each paragraph hereof are intended for ease of reference only and do not
constitute part of this Agreement. Likewise, the captions shall not be deemed to indicate the intentions
of the parties hereto.
Waiver
Entire Agreement
This Agreement contains the entire agreement between the CITY and the CONTRACTOR and no oral
agreement, promise, statement or representation, which is not herein contained, shall be binding upon
the CITY or the CONTRACTOR. All amendments to this Agreement shall be in writing and executed by
both parties.
Termination
term of this contract. CONTRACTOR'S failure to so comply shall constitute a material breach of this
contract.
The CITY FRPS is supported by assistance from the Federal Transit Administration financial assistance.
This Agreement is subject to the terms of financial assistance contracts between the CITY of Nashua
and the US Department of Transportation. The CONTRACTOR shall comply with existing and future
federal requirements while providing services under this Agreement.
No Government Obligation
(a)
(b)
or exceptions related thereto. Reference 49 CFR 18.39(i)(11 ).
The CITY shall require copies of all of the records of the CONTRACTOR'S employees to include but not
limited to driver's license, driver's record, DOT physicals and requirements, training records, certified
background report, certified drug & alcohol report and any other paperwork that pertains to the operating of
the CITY'S FRPS. The CITY shall have the right of access to and inspection of the records during this agreement.
b. The CONTRACTOR shall not discriminate on the basis of race, color, national origin, or sex
in the performance of this contract. The CONTRACTOR shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted
contract. Failure by the CONTRACTOR to carry out these requirements is a material breach
of this contract, which may result in the termination of this contract or such other remedy, as
Nashua Transit deems appropriate. Each subcontract the CONTRACTOR signs with a
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement effective as of the
CITY OF NASHUA
By: James W. Donchess, Duly Authorized
Signature:
Title: Mayor
Date:
CONTRACTOR
By:Mark Romaine _, Duly Authorized
Signature:
Title: Chief Operating
Officer
Date:
. GOVERNING LAW AND VENUE
This Agreement shall be interpreted and enforced in accordance with the laws of the state of New
Hampshire, excluding any choice of Law or conflicts of law rules that would result in the application
of the laws of a different jurisdiction, and any litigation related to this Agreement shall be brought
in a state court located in the State of New Hampshire.
. SEVERABILITY
