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In addition,the City agrees to abide by the requirements of 49 C.F.R. Part 23, regarding minority
<br /> • (disadvantaged)business enterprises in DOT 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 assistance 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 the Federal Government,the department or
<br /> agency with which this transaction originated may pursue available remedies, including suspension
<br /> and/or debarment. The City shall provide to the Council immediate written notice if at any time the City
<br /> learns that its certification was erroneous when submitted or has become erroneous by reason of changed
<br /> circumstances. The City further certifies that it will comply with the requirements of 49 C.F.R. section
<br /> 29.510 and obtain the required certifications before entering into 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 of Congress,an officer or employee of Congress, or an employee of a
<br /> member of Congress in connection with the awarding of any federal contract,the making of any federal
<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 other 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 Fonn-LLL,"Disclosure Form to Report
<br /> Lobbyine," 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
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