Download Section 1 - Community Transit

REQUEST FOR PROPOSALS - RFP #50-07
ADVANCED PUBLIC TRANSPORTATION SYSTEM (APTS) PROCUREMENT
SECTION 3.0 - PAGE 16
C.
Termination for Breach
In the event of a breach by the Contractor of any of the provisions of this contract,
Community Transit reserves the right to cancel and terminate this contract forthwith
upon giving oral or written notice to the Contractor. The Contractor shall be liable for
damages suffered by Community Transit resulting from the Contractor’s breach of
contract.
D.
Termination for Non-appropriation
If expected or actual funding is withdrawn, reduced or limited in any way prior to the
termination date set forth in this Contract or in any amendment hereto, Community Transit
may, upon written notice to the Contractor, terminate this Contract in whole or in part.
Such termination shall be in addition to Community Transit’s rights to terminate for
convenience or default.
3.45
ACCESS TO RECORDS AND REPORTS
Community Transit, the Comptroller General of the United States, or any of their duly
authorized representatives, shall, until six years after final payment under this contract or for
any shorter period specified, have access to and the right to examine any of the Contractor’s
directly pertinent books, documents, papers or other records involving transactions related to
this contract, and may request copies of specific documents at no charge to Community
Transit.
If it is apparent that there will be substantial subcontracting, your organization shall include
clauses that impose these same requirements on any subcontractor. Thus, there shall be a
clause requiring submission of cost and pricing data by subcontractors, a clause permitting
examination of cost and pricing data before award and a clause permitting examination of
records during the administration of the contract for all subcontractors.
Failure to include the above three clauses could subsequently result in:
A.
The Contractor’s failure to submit cost data; or,
B.
Refusal by the Contractor to provide such data; or
C.
Refusal by the Contractor to allow the grantee access to the records of the Contractor.
Also, failure to include the examination of records provision in negotiated contracts is a
violation of FTA Circular 4220.1D.
3.46
OWNERSHIP OF PRODUCTS
All work performance and services provided by the Contractor under this agreement and the
final by-products of such shall be the property of Community Transit. All reports,
specifications, drawings, graphical representations, and electronic data pertaining to same,
developed by the Contractor or in conjunction wit this contract, shall be surrendered to
Community Transit at the conclusion of this contract upon request in both paper and electronic
form. The Contractor expressly waives all copyright privileges to such information, and
Community Transit may use or modify same without any additional payment to the Contractor.