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ARTICLE VII - MISCELLANEOUS PROVISIONS <br />1. ADMINISTERING AGENCY agrees to use all state funds reimbursed hereunder only for <br />transportation purposes that are in conformance with Article XIX of the California State <br />Constitution and the relevant Federal Regulations. <br />2. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute <br />enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or <br />funding of this AGREEMENT in any manner. <br />3. 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 and <br />not as officers, employees or agents of STATE or the federal government. <br />4. Each project -specific E-76 or E-76 (AMOD), PROGRAM SUPPLEMENT and Finance Letter <br />shall separately establish the terms and funding limits for each described PROJECT funded under <br />the AGREEMENT. No federal or state funds are obligated against this AGREEMENT. <br />5. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its principals <br />are suspended or debarred at the time of the execution of this AGREEMENT. ADMINISTERING <br />AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment <br />occurs after the execution of this AGREEMENT. <br />6. ADMINISTERING AGENCY warrants, 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 work actually performed, or in STATE's discretion, to deduct from the <br />price of consideration, or otherwise recover, the full amount of such commission, percentage, <br />brokerage, or contingent fee. <br />7, 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 of <br />court by a federal court has been issued against ADMINISTERING AGENCY within the immediate <br />preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with an <br />order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the <br />National Labor Relations Board. <br />8. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with <br />STATE, FHWA or Federal Transit Administration (FTA) that may have an impact upon the <br />outcome of this AGREEMENT. ADMINISTERING AGENCY shall also list current contractors who <br />may have a financial interest in the outcome of this AGREEMENT. <br />9. ADMINISTERING AGENCY hereby certifies that it does not have nor shall it acquire any <br />financial or business interest that would conflict with the performance of PROJECT under this <br />AGREEMENT. <br />Page 14 of 26 <br />