2021/10/27 Council Agenda Packet

Federal Transit Administration Clauses 2. Special Warranty. When the Contract involves public transportation operations and is supported with federal assistance appropriated or made available for 49 U.S.C. § 5311, U.S. DOL will provide a Special Warranty for its Award, including its Award of federal assistance under the Tribal Transit Program. The U.S. DOL Special Warranty is a condition of the Contract. 3. Special Arrangements. The conditions of 49 U.S.C. § 5333(b) do not apply to Contractors providing public transportation operations pursuant to 49 U.S.C. § 5310.FTA reserves the right to make case -by -case determinations of the applicability of 49 U.S.C. § 5333(b) for all transfers of funding authorized under title 23, United States Code (flex funds), and make other exceptions as it deems appropriate, and, in those instances,any special arrangements required by FTA will be incorporated herein as required. 25. RECOVERED MATERIALS - RECYCLED PRODUCTS These requirements extend to all third -party contractors and their contracts at every tier and subrecipients and their subcontracts at every tier where the value of an EPA designated item exceeds $10,000. The Contractor agrees to provide a preference for those products and services that conserve natural resources, protect the environment, and are energy efficient by complying with and facilitating compliance with Section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and U.S. Environmental Protection Agency (U.S. EPA), "Comprehensive Procurement Guideline for Products Containing Recovered Materials," 40 C.F.R. part 247. 26. SAFE OPERATION OF MOTOR VEHICLES The Safe Operation of Motor Vehicles requirements apply to all federally funded third party contracts. It flows down to all third -party contractors at every tier. a. Seat Belt Use b. The Contractor is encouraged to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate company -owned vehicles, company -rented vehicles, or personally operated vehicles. The terms "company -owned" and "company -leased" refer to vehicles owned or leased either by the Contractor or the City of Everett. Distracted Driving The Contractor agrees to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle Contactor owns, leases, or rents, or a privately -owned vehicle when on official business in connection with the work performed under this agreement. 27. SCHOOL BUS OPERATIONS (NOT APPLICABLE) The School Bus requirements apply to contracts for operating public transportation service. This clause flows down from FTA recipients and subrecipients to first tier service contractors. 21