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Federal Transit Administration Clauses
<br />Contractor will immediately notify the City of Everett if it has knowledge of potential fraud, waste, or
<br />abuse occurring in relation to this Contract. The notification provision applies if a person has or may
<br />have submitted a false claim under the False Claims Act, 31 U.S.C. § 3729 et seq., or has or may have
<br />committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of interest, bid
<br />rigging, misappropriation or embezzlement, bribery, gratuity, or similar misconduct involving federal
<br />assistance. Knowledge, as used in this paragraph, includes, but is not limited to, knowledge of a criminal
<br />or civil investigation by a federal, state, or local law enforcement or other investigative agency, a
<br />criminal indictment or civil complaint, or probable cause that could support a criminal indictment, or
<br />any other credible information in the possession of the City of Everett.
<br />The City of Everett reserves the right to seek all remedies available to it under law, including to procure
<br />substitute services or products elsewhere and recover its damages, attorneys' fees and costs from
<br />Contractor.
<br />41. SOLID WASTES
<br />Required Clause in Third -Party Contracts. In addition to other applicable provisions of federal law,
<br />regulations, requirements, and guidance, all third -party contracts made by the Recipient under the
<br />Federal award must contain provisions covering the following:
<br />A Recipient that is a state agency or agency of a political subdivision of a state and its contractors must
<br />comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
<br />and Recovery Act. The requirements of Section 6002 include procuring only items designated in
<br />guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest
<br />percentage of recovered materials practicable, consistent with maintaining a satisfactory level of
<br />competition, where the purchase price of the item exceeds $10,000 or the value of the quantity
<br />acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management
<br />services in a manner that maximizes energy and resource recovery; and establishing an affirmative
<br />procurement program for procurement of recovered materials identified in the EPA guidelines.
<br />42. ENVIRONMENTAL PROTECTION
<br />1) General. The Recipient agrees to, and assures that its Third -Party Participants will, comply with
<br />all applicable environmental and resource use laws, regulations, and requirements, and follow
<br />applicable guidance, now in effect or that may become effective in the future, including state
<br />and local laws, ordinances, regulations, and requirements and follow applicable guidance.
<br />2) National Environmental Policy Act. An Award of federal assistance requires the full compliance
<br />with applicable environmental laws, regulations, and requirements. Accordingly, the Recipient
<br />agrees to, and assures that its Third -Party Participants will:
<br />a. Comply and facilitate compliance with federal laws, regulations, and requirements,
<br />including, but not limited to:
<br />i. Federal transit laws, such as 49 U.S.C. § 5323(c)(2), and 23 U.S.C. § 139;
<br />ii. The National Environmental Policy Act of 1969 (NEPA), as amended, 42 U.S.C.
<br />§§ 4321, et seq., as limited by 42 U.S.C. § 5159, and CEQ's implementing
<br />regulations 40 CFR Part 1500 — 1508;
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