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ORANGE COUNTY TRANSPORATION AUTHORITY (OCTA) - 2011
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ORANGE COUNTY TRANSPORATION AUTHORITY (OCTA) - 2011
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Last modified
3/23/2017 9:50:23 AM
Creation date
4/26/2012 4:31:45 PM
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Contracts
Company Name
ORANGE COUNTY TRANSPORATION AUTHORITY (OCTA)
Contract #
A-2011-255
Agency
PUBLIC WORKS
Council Approval Date
11/28/2011
Expiration Date
10/31/2014
Destruction Year
2019
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AGREEMENT NO. C-1-3099 <br />EXHIBIT B <br />The following additional provisions apply to all purchases over $25,000 <br />ARTICLE 19. DEBARMENT & SUSPENSION: <br />CERTIFICATION REGARDING DEBARMENT. SUSPENSION AND OTHER <br />RESPONSIBILITY MATTERS - PRIMARY PARTICIPANT AND LOWER-TIER PARTICIPANTS <br />Unless otherwise permitted by law, any person or firm that is debarred, suspended, or <br />voluntarily excluded, as defined in the Federal Transit Administration (FTA) Circular 2015.1, <br />dated April 28, 1989, may not take part in any federally funded transaction, either as a <br />participant or a principal, during the period of debarment, suspension, or voluntary exclusion. <br />Accordingly, the Authority, acting on behalf of the District, may not enter into any transaction <br />with such debarred, suspended, or voluntarily excluded persons or firms during such period. <br />A certification process has been established by 49 CFR Part 29, as a means to ensure that <br />debarred suspended or voluntarily excluded persons or firms do not participate in Federally <br />assisted projects. The inability to provide the required certification will not necessarily result in <br />denial of participation in a covered transaction. A person or firm that is unable to provide a <br />positive certification as required by this solicitation must submit a complete explanation <br />attached to the certification. FTA will consider the certification and any accompanying <br />explanation in determining whether or not to provide assistance for the project. Failure to <br />furnish a certification or an explanation may disqualify that person or firm from participating in <br />the project. <br />The following additional provisions apply to all purchases over $100,000: <br />ARTICLE 20. DISPUTES <br />A. Except as otherwise provided in this Agreement, any dispute concerning a <br />question of fact arising under this Agreement which is not disposed of by supplemental <br />agreement shall be decided by AUTHORITY's Director, Contracts Administration and Materials <br />Management (CAMM), who shall reduce the decision to writing and mail or otherwise furnish a <br />copy thereof to CITY. The decision of the Director, CAMM, shall be final and conclusive. <br />B. The provisions of this Article shall not be pleaded in any suit involving a question of <br />fact arising under this Agreement as limiting judicial review of any such decision to cases where <br />fraud by such official or his representative or board is alleged, provided, however, that any such <br />decision shall be final and conclusive unless the same is fraudulent or capricious or arbitrary or <br />so grossly erroneous as necessarily to imply bad faith or is not supported by substantial <br />evidence. In connection with any appeal proceeding under this Article, CITY shall be afforded an <br />opportunity to be heard and to offer evidence in support of its appeal. <br />C. Pending final decision of a dispute hereunder, CITY shall proceed diligently with the <br />performance of this Agreement and in accordance with the decision of AUTHORITY's Director, <br />CAMM. This "Disputes" clause does not preclude consideration of questions of law in connection <br />with decisions provided for above. Nothing in this Agreement, however, shall be construed as <br />making final the decision of any AUTHORITY official or representative on a question of law, <br />which questions shall be settled in accordance with the laws of the state of California. <br />Orange County Transportation Authority 11 <br />Revised: 0511012010
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