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Federal Transit Administration Clauses <br /> <br />22 <br /> <br />C. Controlling dispatch or movement of a revenue service vehicle; <br />D. Maintaining (including repairs, overhaul and rebuilding) a revenue service vehicle or equipment <br />used in revenue service. This section does not apply to the following: an employer who receives <br />funding under 49 U.S.C. § 5307 or § 5309, is in an area less than 200,000 in population, and <br />contracts out such services; or an employer who receives funding under 49 U.S.C. § 5311 and <br />contracts out such services; <br />E. Carrying a firearm for security purposes. <br />Additionally, third party contractors providing testing services involving the performance of safety <br />sensitive activities must also comply with 49 C.F.R. part 40, “Procedures for Transportation Workplace <br />Drug and Alcohol Testing Programs.” <br />FTA’s drug and alcohol rules, 49 C.F.R. part 655, are unique among the regulations issued by FTA. First, <br />they require recipients to ensure that any entity performing a safety-sensitive function on the recipient's <br />behalf (usually subrecipients and/or contractors) implement a complex drug and alcohol testing <br />program that complies with part 655. Second, the rules condition the receipt of certain kinds of FTA <br />funding on the recipient’s compliance with the rules; thus, the recipient is not in compliance with the <br />rules unless every entity that performs a safety-sensitive function on the recipient’s behalf is in <br />compliance with the rules. Third, the rules do not specify how a recipient ensures that its subrecipients <br />and/or contractors comply with them. <br />How a recipient does so depends on several factors, including whether the contractor is covered <br />independently by the drug and alcohol rules of another Department of Transportation operating <br />administration, the nature of the relationship that the recipient has with the contractor, and the <br />financial resources available to the recipient to oversee the contractor's drug and alcohol testing <br />program. In short, there are a variety of ways a recipient can ensure that its subrecipients and <br />contractors comply with the rules. <br />31. TERMINATION <br />All contracts in excess of $10,000 must address the termination for cause and for convenience, including <br />the manner by which it will be affected and the basis for settlement. This clause extends to all third-party <br />contractors and their contracts at every tier and subrecipients and their subcontracts at every tier. <br />A. Termination for Convenience (Professional or Transit Service Contracts) <br />The City of Everett, by written notice, may terminate this contract, in whole or in part, when it is in <br />the City’s interest. If this contract is terminated, the City shall be liable only for payment under the <br />payment provisions of this contract for services rendered before the effective date of termination. <br />B. Termination for Default [Breach or Cause] (General Provision) <br />If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or if <br />the contract is for services, the Contractor fails to perform in the manner called for in the contract, <br />or if the Contractor fails to comply with any other provisions of the contract, the City may <br />terminate this contract for default. Termination shall be effected by serving a Notice of Termination <br />on the Contractor setting forth the manner in which the Contractor is in default. The Contractor will <br />be paid only the contract price for supplies delivered and accepted, or services performed in