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