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Federal Transit Administration Clauses
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<br />Any proposed change in this contract shall be submitted to the City of Everett for its prior approval.
<br />Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and
<br />directives, including without limitation those listed directly or by reference in the Agreement (Form FTA
<br />MA (28) dated February 9, 2021) between Purchaser and FTA , or as they may be amended or
<br />promulgated from time to time during the term of this contract. Contractor's failure to so comply shall
<br />constitute a material breach of this contract.
<br />35. INCORPORATION OF FTA TERMS
<br />The preceding and following provisions include, in part, certain Standard Terms and Conditions required
<br />by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual
<br />provisions required by DOT, as set forth in FTA Circular 4220.1F dated November 1, 2008, (Revised: July
<br />29, 2009) are hereby incorporated by reference.
<br />https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/Third%20Party%20Contracting%20Guidance%2
<br />0%28Circular%204220.1F%29.pdf
<br />Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in
<br />the event of a conflict either other provisions contained in this agreement. The Contractor shall not
<br />perform any act, fail to perform any act, or refuse to comply with any City of Everett requests which
<br />would cause City of Everett to be in violation of the FTA terms and conditions.
<br />The contract agreement shall be binding upon and inure to the benefit of the contract parties, their
<br />successors and permitted assigns, but shall not inure to the benefit of any third party or other person.
<br />36.TERMS OF THESE PROVISIONS AND COMPLIANCE
<br />A.The Contractor must comply with all applicable federal laws, regulations, and requirements, and
<br />should follow applicable federal guidance, except as FTA determines otherwise in writing.
<br />B.To assure compliance with federal laws, regulations, and requirements, the Contractor must take
<br />measures to assure that other participants in all of its underlying agreements, including, but not
<br />limited to subcontracts or purchase or task orders with lower tier subcontractors, suppliers,
<br />consultants etc.) comply with applicable federal laws, regulations, and requirements, and follow
<br />applicable federal guidance, except as FTA determines otherwise in writing.
<br />C.FTA may take enforcement action if the Contractor violates an applicable federal law, regulation, or
<br />requirement, or does not follow applicable federal guidance.
<br />D.Parties agree that not every provision of this section will apply to every subcontractor or any
<br />underlying agreements. Criteria determining which federal laws, regulations, requirements, and
<br />guidance apply include the type of award, the federal law authorizing federal assistance for the
<br />award, the federal law, regulations, or requirements governing how the award must be
<br />implemented, the federal guidance pertaining to the award, and the Contractor’s legal status as a
<br />business, a “private nonprofit entity,” a “private for-profit entity,” or an individual.
<br />E.As provided in federal laws, regulations, requirements, and guidance, FTA will enforce only those
<br />federal laws, regulations, requirements, and guidance that apply to the Contractor, or to any Project
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