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EXHIBIT D
<br />REQUIRED FEDERAL CLAUSES
<br />DEFINITIONS
<br />The Orange County Transportation Authority, (hereinafter referred to as "AUTHORITY"), The Federal Transit
<br />Administration, (hereinafter referred to as "FTA"), the City of Santa Ana (hereinafter referred to as "CITY"),
<br />and Cordoba Corporation, a California corporation, (hereinafter referred to as "CONTRACTOR")
<br />The following provisions apply to all purchases regardless of their value
<br />ARTICLE 1. FEDERAL CHANGES
<br />CONTRACTOR shall at all times comply with all applicable FTA regulations, policies, procedures
<br />and directives, including without limitation those listed directly or by reference in the agreement between the
<br />AUTHORITY and FTA , as they may be amended or promulgated from time to time during this Agreement.
<br />CONTRACTOR's failure to comply shall constitute a material breach of contract.
<br />ARTICLE 2. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES
<br />AUTHORITY, CITY and CONTRACTOR acknowledge and agree that, notwithstanding any
<br />concurrence by the Federal Government in or approval of the solicitation or award of the underlying
<br />Agreement, absent the express written consent by the Federal Government, the Federal Government is not a
<br />party to this Agreement and shall not be subject to any obligations or liabilities to the AUTHORITY, CITY,
<br />CONTRACTOR, or any other party (whether or not a party to this Agreement) pertaining to any matter
<br />resulting from the underlying Agreement. CONTRACTOR agrees to include these requirements in all of its
<br />subcontracts.
<br />ARTICLE 3. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
<br />ACTS
<br />CONTRACTOR acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986,
<br />as amended, 31 U.S.C. §§3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49
<br />C.F.R. Part 31, apply to its actions pertaining to this project. Accordingly, by signing this Agreement,
<br />CONTRACTOR certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it
<br />may make, or causes to be made, pertaining to the underlying Agreement or the FTA assisted project for
<br />which this Agreement's work is being performed. CONTRACTOR also acknowledges that if it makes, or
<br />causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal
<br />Government reserves the right to impose penalties of the Program Fraud Civil Remedies Act of 1986 on the
<br />CONTRACTOR to the extent the Federal Government deems appropriate.
<br />CONTRACTOR also acknowledges that if it makes, or causes to be made, a false, fictitious, or
<br />fraudulent claim, statement, submission, or certification to the Federal Government under an agreement
<br />connected with a project that is financed in whole or part with Federal assistance awarded by FTA under the
<br />authority of 49 U.S.C. §5307 et seq., the Government reserves the right to impose the penalties of 18 U.S.C.
<br />§1001 and 49 U.S.C. §5307(n) (1) et seq. on the CONTRACTOR, to the extent the Federal Government
<br />deems appropriate. CONTRACTOR agrees to include this requirement in all of its subcontracts.
<br />ARTICLE 4. CIVIL RIGHTS ASSURANCE
<br />During the performance of this Agreement, CONTRACTOR, for itself, its assignees and successors
<br />in interest agree as follows:
<br />(A). Compliance with Regulations: CONTRACTOR shall comply with the Regulations relative to
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<br />25D-43
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