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related to the contract to the County, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. 3) The Consultant agrees to permit any of the foregoing parties to reprod uce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 4) The Consultant agrees to maintain all books, records, accounts and reports required under the proposed contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of the proposed contract, in which case the Consultant agrees to maintain same until the County, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). 5) FTA does not require the inclusion of these requirements in subcontracts. E. Federal Changes The Consultant will at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between the County and FTA, as they may be amended or promulgated from time to time during the term of the proposed contract. The Consultant's failure to so comply shall constitute a material breach of this contract. F. Clean Air 1) The Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Consultant agrees to report each violation to the County and understands and will agree that the County will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. 2) The Consultant also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. G. Recycled Products/Recovered Materials The Consultant agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. H. No Obligation by the Federal Government 1) The County and the Consultant acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the County, the Consultant, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. F \Community Development\Users\MPO\Transit\Transit Hubs\Main Transit Hub\Project Admin Consultant\federal requirements.docx 2