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20A - AA - AGMT - ELDERLY AND DISABLED TRANSIT GRANT
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20A - AA - AGMT - ELDERLY AND DISABLED TRANSIT GRANT
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6/26/2014 4:57:21 PM
Creation date
6/26/2014 4:19:26 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Parks, Recreation, & Community Services
Item #
20A
Date
7/1/2014
Destruction Year
2019
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Standard Agreement DOT -213 <br />EXHIBIT C <br />City of Santa Ana <br />642572 <br />Page 7 of 29 <br />3. Enforcement/Remedies for Non - Compliance, If a CONTRACTOR materially fails to comply with any term <br />of this Agreement, or fails to refund any moneys due STATE, the STATE may take one or more of the <br />following actions: <br />A. Disallow or temporarily withhold cash payments pending correction of the deficiency by the <br />CONTRACTOR. <br />B. Wholly or partially suspend or terminate the current award for the CONTRACTOR'S PROJECT. <br />C. Withhold future awards to the CONTRACTOR for the program. <br />D. Withhold or demand a transfer of an amount equal to the amount paid by or owed to STATE from <br />remaining grant balance and/or future apportionments, or any other funds due CONTRACTOR from <br />the Federal Trust Fund or any other sources of funds. <br />E, Take other remedies that may be legally available. <br />4. Timeliness. Time is of the essence in this agreement and shall be signed and returned by the <br />CONTRACTOR within 90 calendar days after mailing. In the event this agreement is not signed and <br />returned within 90 days of mailing, the PROJECT identified In Exhibit A of this AGREEMENT from FTA's <br />grant award may at the discretion of the STATE be withdrawn and cancelled. <br />5. Amendment. No amendment or alteration of the terms of this Agreement shall be valid unless submitted <br />in writing, signed by the parties and approved as required. No oral understanding or agreement not <br />incorporated in this Agreement is binding on any of the parties. Amendments shall be signed and returned <br />by the CONTRACTOR within 90 calendar days after mailing. In the event this amendment is not signed <br />within 90 days of mailing, the PROJECT identified in Exhibit A of this AGREEMENT from FI'A's grant <br />award may at the discretion of the STATE be withdrawn and cancelled. <br />6. Assignment. This Agreement is not assignable by the CONTRACTOR, either in whole or in part, without <br />the consent of the STATE in the form of a formal written amendment, <br />7, Independent Contractor. The CONTRACTOR, and the agents and employees of the CONTRACTOR, In <br />the performance of this Agreement, shall act in an Independent capacity and not as officers or employees <br />or agents of the STATE. <br />8. &ntjtrust Claims. The CONTRACTOR by signing this agreement hereby certifies that if these services or <br />goods are obtained by means of a competitive bid, the CONTRACTOR shall comply with the requirements <br />of the Government Codes Sections set out below. <br />A. The Government Code Chapter on Antitrust claims contains the following definitions: <br />i, "Public purchase" means a purchase by means of competitive bids of goods, services, or <br />materials by the STATE or any of Its political subdivisions or public agencies on whose behalf <br />the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the <br />Business and Professions Code. <br />ii. 'Public purchasing body" means the STATE or the subdivision or agency making a public <br />purchase. Government Code Section 4550, <br />B. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is <br />accepted, it will assign to the purchasing body all rights, title, and Interest in and to all causes of <br />action it may have under Section 4 of the Clayton Act (15 U.S.C. See. 15) or under the Cartwright Act <br />(Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions <br />Code), arising from purchases of goods, materials, or services by the bidder for sate to the <br />purchasing body pursuant to the bid. Such assignment shall be made and become effective at the <br />time the purchasing body tenders final payment to the bidder. Government Code Section 4552. <br />G Rev. 03/25/2014 It <br />20A -12 <br />
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