CAL DEPT OF TRANSP MASTER AGREEMENT (04-5101) 2007

• • ARTICLE VII -MISCELLANEOUS PROVISIONS 1. ADMINISTERING AGENCY agrees to use all State funds reimbursed hereunder only fo transportation purposes that are in conformance with Article XIX of the California Statc: Constitution and the relevant Federal Regulations. 2. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute: enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, o funding of this AGREEMENT in any manner. 3. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY when engaged in the performance of this AGREEMENT, shall act in an independent capacity ants not as officers, employees or agents of STATE or the federal government. 4. Each project-specific PROGRAM SUPPLEMENT shall separately establish the terms andl funding limits for each described PROJECT funded under the AGREEMENT. No federal or statc: funds are obligated against this AGREEMENT. 5. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its principal:: are suspended or debarred at the time of the execution of this AGREEMENT. ADMINISTERING: AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarmen occurs after the execution of this AGREEMENT. 6. ADMINISTERING AGENCY warrants, by execution of this AGREEMENT, that no person o selling agency has been employed or retained to solicit or secure this AGREEMENT upon ar agreement or understanding for a commission, percentage, brokerage, or contingent fee excepting bona fide employees or bona fide established commercial or selling agencies: maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach of violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pad, only for the value of the work actually performed, or in STATE's discretion, to deduct from thE: price of consideration, or otherwise recover, the full amount of such commission, percentage brokerage, or contingent fee. 7. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby, certifies under penalty of perjury that no more than one final unappealable finding of contempt o court by a federal court has been issued against ADMINISTERING AGENCY within the immediatc: preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with ar~ order of a federal court that orders ADMINISTERING AGENCY to comply with an order of thE: National Labor Relations Board. 8. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with STATE, FHWA or FTA that may have an impact upon the outcome of this AGREEMENT, ADMINISTERING AGENCY shall also list current contractors who may have a financial interest it the outcome of this AGREEMENT. 9. ADMINISTERING AGENCY hereby certifies that it does not now have nor shall it acquire and, financial or business interest that would conflict with the performance of PROJECT under thi;: Page 14 of 26