Laserfiche WebLink
result of such default or breach including, but not limited to, reprocurement costs of the same or <br />similar services defaulted by CITY under this Agreement. Such termination shall comply with <br />CFR Title 48, Chapter 1, Part 49, of the FAR. <br />ARTICLE 14. RECYCLED PRODUCTS <br />CITY shall comply with all the requirements of Section 8442 of the Resource <br />Conservation and Recovery Act (RCRA), as amended (42 U.S.G. 8982), including but not limited <br />to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the <br />procurement of the items designated in subpart B of 40 CFR Part 247. CITY agrees to include <br />this requirement in all of its subcontracts. <br />ARTICLE 15. DEBARMENT & SUSPENSION: <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 />ARTICLE 16. 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 CONTRACTOR. The decision of the Director, CAMM, shall be final and <br />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, CONTRACTOR shall be <br />Orange County Transportation Authority 16 <br />Revised 0510612014 <br />