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Federal Transit Administration Clauses
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<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 />42. 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 />43. ENVIRONMENTAL PROTECTION
<br />A. General. The Recipient agrees to, and assures that its Third-Party Participants will, comply with all
<br />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 and
<br />local laws, ordinances, regulations, and requirements and follow applicable guidance.
<br />B. National Environmental Policy Act. An Award of federal assistance requires the full compliance with
<br />applicable environmental laws, regulations, and requirements. Accordingly, the Recipient agrees to,
<br />and assures that its Third-Party Participants will:
<br />1. Comply and facilitate compliance with federal laws, regulations, and requirements, including,
<br />but not limited to:
<br />a. Federal transit laws, such as 49 U.S.C. § 5323(c)(2), and 23 U.S.C. § 139;
<br />b. The National Environmental Policy Act of 1969 (NEPA), as amended, 42 U.S.C. §§ 4321, et
<br />seq., as limited by 42 U.S.C. § 5159, and CEQ’s implementing regulations 40 CFR Part 1500 –
<br />1508;
<br />c. Joint FHWA and FTA regulations, “Environmental Impact and Related Procedures,” 23 CFR
<br />Part 771 and 49 CFR Part 622;
<br />d. Executive Order No. 11514, as amended, “Protection and Enhancement of Environmental
<br />Quality,” March 5, 1970, 42 U.S.C. § 4321 note (35 Fed. Reg. 4247); and
<br />e. Other federal environmental protection laws, regulations, and requirements applicable to
<br />the Recipient or the Award, the accompanying Underlying Agreement, and any
<br />Amendments thereto.
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