Laserfiche WebLink
ARTICLE VI - MISCELLANEOUS PROVISIONS <br />1. ADMINISTERING AGENCY agrees to use all PROJECT funds reimbursed hereunder only <br />for transportation purposes that are in conformance with Article XIX of the California State <br />Constitution and other California laws. <br />2. ADMINISTERING AGENCY shall conform to all applicable State and Federal statutes and <br />regulations, and the Local Assistance Program Guidelines and Local Assistance Procedures <br />Manual as published by STATE and incorporated herein, including all subsequent approved <br />revisions thereto applicable to PROJECT unless otherwise designated in the project-specific <br />executed PROJECT SUPPLEMENT. <br />3. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any <br />statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, <br />terms, or funding of this AGREEMENT in any manner. <br />4. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY, <br />when engaged in the performance of this AGREEMENT, shall act in an independent capacity <br />and not as officers, employees or agents of STATE. <br />5. Each project-specific PROGRAM SUPPLEMENT shall separately establish the terms and <br />funding limits for each described PROJECT funded under this AGREEMENT and that <br />PROGRAM SUPPLEMENT. No STATE FUNDS are obligated against this AGREEMENT. <br />6. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its <br />principals are suspended or debarred at the time of the execution of this AGREEMENT, and <br />ADMINISTERING AGENCY agrees that it will notify STATE immediately in the event a <br />suspension or a debarment occurs after the execution of this AGREEMENT. <br />7. ADMINISTERING AGENCY certifies, by execution of this AGREEMENT, that no person or <br />selling agency has been employed or retained to solicit or secure this AGREEMENT upon an <br />agreement or understanding for a commission, percentage, brokerage, or contingent fee, <br />excepting bona fide employees or bona fide established commercial or selling agencies <br />maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or <br />violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay <br />only for the value of the PROJECT work actually performed, or in STATE's discretion, to deduct <br />from the price of PROGRAM SUPPLEMENT consideration, or otherwise recover, the full <br />amount of such commission, percentage, brokerage, or contingent fee. <br />8. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby <br />certifies under penalty of perjury that no more than one final unappealable finding of contempt <br />of court by a federal court has been issued against ADMINISTERING AGENCY within the <br />immediate preceding two (2) year period because of ADMINISTERING AGENCY's failure to <br />comply with an order of a federal court that orders ADMINISTERING AGENCY to comply with <br />an order of the National Labor Relations Board. <br />9. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with <br />STATE that may have an impact upon the outcome of this AGREEMENT or any individual <br />PROJECT encompassed within a PROGRAM SUPPLEMENT. ADMINISTERING AGENCY <br />shall also list current contractors who may have a financial interest in the outcome of a <br />PROJECT undertaken pursuant to this <br />Page of 1612