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related to the contract to the County, the Secretary of Transportation and the Comptroller General or any <br />authorized officer or employee of any of them for the purposes of conducting an audit and inspection. <br />3) The Consultant agrees to permit any of the foregoing parties to reprod uce by any means whatsoever <br />or to copy excerpts and transcriptions as reasonably needed. <br />4) The Consultant agrees to maintain all books, records, accounts and reports required under the <br />proposed contract for a period of not less than three years after the date of termination or expiration of <br />this contract, except in the event of litigation or settlement of claims arising from the performance of the <br />proposed contract, in which case the Consultant agrees to maintain same until the County, the FTA <br />Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of <br />all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). <br />5) FTA does not require the inclusion of these requirements in subcontracts. <br />E. Federal Changes <br />The Consultant will 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 Master Agreement <br />between the County and FTA, as they may be amended or promulgated from time to time during the term <br />of the proposed contract. The Consultant's failure to so comply shall constitute a material breach of this <br />contract. <br />F. Clean Air <br />1) The Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to <br />the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Consultant agrees to report each violation <br />to the County and understands and will agree that the County will, in turn, report each violation as <br />required to assure notification to FTA and the appropriate EPA Regional Office. <br />2) The Consultant also agrees to include these requirements in each subcontract exceeding $100,000 <br />financed in whole or in part with Federal assistance provided by FTA. <br />G. Recycled Products/Recovered Materials <br />The Consultant agrees to comply with all the requirements of Section 6002 of the Resource Conservation <br />and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory <br />provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items <br />designated in Subpart B of 40 CFR Part 247. <br />H. No Obligation by the Federal Government <br />1) The County and the Consultant acknowledge and agree that, notwithstanding any concurrence by the <br />Federal Government in or approval of the solicitation or award of the underlying contract, absent the <br />express written consent by the Federal Government, the Federal Government is not a party to this <br />contract and shall not be subject to any obligations or liabilities to the County, the Consultant, or any <br />other party (whether or not a party to that contract) pertaining to any matter resulting from the <br />underlying contract. <br />F \Community Development\Users\MPO\Transit\Transit Hubs\Main Transit Hub\Project Admin Consultant\federal <br />requirements.docx 2 <br />