Transit- Meeting Agenda (12/18/1997)

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The CONTRACTOR agrees to compiy with 49 U.S.C. 5323(d) and 49 CFR Part 604, which provides ~..- that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except under on the of exceptions at 49 CFR 604.9. Any charter service provided under one of the exceptions must be "incidental," i.e., it must not interfere with or detract from the provision of mass transportation. 5.28 School Bus Operations Pursuant to 69 U.S.C. 5323(fl and 49 CFR Part 605, recipients and subrecipients of FTA assistance may not engage in school bus operations exclusively for the transportation of students and school personnel in competition with pnvate school bus operators unless qualified under specified exemptions. When opera:°ng exclusive school bus service under an allowable exemption, recipients and subrecipients may not use federally funded equipment, vehicles, or facilities. 5.29 No Obligation by the Federal Govemment a. The DISTRICT and CONTRACTOR acknowledge and agree that, notwithstanding any concurrence by the Federal Govemment in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Govemment, the Federal Govemment is not a party to this contract and shall not be subject to any obligations or liabilities to the DISTRICT, CONTRACTOR, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. ~r b. 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. 5.30 Program Fraud and False or Fraudulent Statements or Related Acts a. 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 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 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 Govemment resenres the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the CONTRACTOR to the extent the Federal Govemment deems appropriate. b. 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 Govemment 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 Govemment 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 Govemment deems appropriate. I CHERRYLIFT CONTRACT 125 AGREEMENT #1296. LIFT