AgdaPkt 2018-03-26 Joint SA PFA - Laserfiche WebLink

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REV: 03-16-18 MI ATTY/AGR/2018.054/RECOLOGY OF SAN MATEO Page 5 of 119 2.07 ABILITY TO PERFORM 117 Contractor has the expertise and professional and technical capability to perform all of its 118 obligations under this Agreement. 119 2.08 CONTRACTOR’S INVESTIGATION 120 Contractor has made an independent investigation and analysis, the results of which are 121 satisfactory to Contractor, of the conditions and circumstances surrounding the 122 Agreement, its content and preparation, and the work to be performed by Contractor under 123 the Agreement. The Agreement accurately and fairly represents the intentions of 124 Contractor, and Contractor enters into this Agreement on the basis of that independent 125 investigation and analysis. 126 2.09 STATEMENTS AND INFORMATION IN PROPOSAL 127 The Contractor’s “Proposal to Amend and Restate the Franchise Agreement for 128 Recyclables, Organics, and Solid Waste Collection Services”, dated January 10, 2017, 129 and supplementary information submitted thereafter by the Contractor to the SBWMA 130 during the SBWMA’s negotiation of a Model Amended and Restated Agreement do not 131 contain any untrue statement of a material fact nor omit to state a material fact necessary 132 in order to make the statements made, in light of the circumstances in which they were 133 made, not misleading. 134 2.10 IRAN CONTRACTING CERTIFICATION 135 Contractor hereby certifies that Contractor is not identified on a list created by the 136 California Department of General Services (“DGS”) pursuant to California Public Contract 137 Code Section 2203 of the Iran Contracting Act of 2010 (the “ICA”) as a Person engaging 138 in investment activities in Iran described in Section 2202.5(a) of the ICA, or as a person 139 described in Section 2202.5(b) of the ICA, as applicable. Contractor hereby certifies that 140 Contractor is not a financial institution that extends twenty million dollars ($20,000,000) or 141 more in credit to another Person, for forty-five (45) Days or more, if that Person will use 142 the credit to provide goods or services in the energy sector in Iran and is identified on the 143 DGS list made pursuant to Section 2203(b). 144 As used in this Section 2.10, “Person” shall mean a “Person” as defined in California Public 145 Contract Code Section 2202(e). 146 147 6.2.B. - Page 18