|
MTC/City of San Leandro
<br />Master Funding Agreement for FY 2021-22 to FY 2030-31
<br />Page 47
<br />
<br />
<br />11. CLEAN AIR AND WATER POLLUTION ACTS
<br /> AGENCY agrees to comply with the applicable requirements of all standards, orders, or
<br />requirements issued under the Clean Air Act (42 U.S.C. § 7501 et seq.), the Clean Water Act (33 U.S.C.
<br />§ 1251 et seq.), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part
<br />15).
<br />
<br />12. LOBBYING
<br /> AGENCY agrees to comply with the restrictions on the use of federal funds for lobbying
<br />activities set forth in 31 United States Code §1352 and 49 C.F.R. Part 20.
<br />
<br />13. INDEMNIFICATION
<br /> Notwithstanding Article 10.0, INDEMNIFICATION, in the Master Funding Agreement
<br />AGENCY shall indemnify and hold harmless MTC, Caltrans, their Commissioners, Directors, officers,
<br />agents and employees from any and all claims, demands, suits, loss, damages, injury and/or liability
<br />(including any and all costs and expenses in connection therewith), incurred by reason of any act or
<br />failure to act of AGENCY, its officers, directors, employees, agents and contractors, or any of them,
<br />under or in connection with this Agreement; and AGENCY agrees at its own cost, expense and risk to
<br />defend any and all claims, actions, suits, or other legal proceedings brought or instituted against MTC,
<br />Caltrans, their Commissioners, Directors, officers, agents, and employees, or any of them, arising out of
<br />such act or omission, and to pay and satisfy any resulting judgments.
<br />
<br />14. COMPLIANCE WITH LAWS
<br /> AGENCY shall comply with any and all laws, statutes, ordinances, rules, regulations or
<br />requirements of the federal, state, or local government, and any agency thereof, including, but not
<br />limited to MTC, the U.S. DOT, FHWA, the State, and Caltrans, which relate to or in any manner affect
<br />the performance of this Agreement. Those laws, statutes, ordinances, rules, regulations, and procedural
<br />requirements that are imposed on MTC as an AGENCY of federal or state funds are hereby in turn
<br />imposed on AGENCY (including, but not limited to, 49 CFR Part 18, “Uniform Administrative
<br />Requirements for Grants and Cooperative Agreements to State and Local Governments”), and are herein
<br />incorporated by this reference and made a part hereof.
<br /> AGENCY contractors shall agree to comply with all 48 CFR, Chapter 1, Part 31, Contract Cost
<br />Principles and Procedures. In addition, AGENCY certifies that the AGENCY and its contractors shall
<br />comply with the requirements of the California Environmental Quality Act (CEQA), California Public
<br />Resources Code Section 21,000 et seq. and with the State Environmental Impact Report Guidelines (14
<br />California Code of Regulators Section 15000 et seq.) and the National Environmental Policy Act
<br />(NEPA), 42 U.S.C. Section 4321 et seq. and the applicable regulations thereunder.
<br />
<br />15. IDENTIFICATION OF DOCUMENTS
<br />
<br /> AGENCY shall ensure that all reports and other documents completed as part of this Agreement
<br />shall carry the following notation on the front cover or title page:
<br /> “The preparation of this report has been financed in part by grants from the U.S. Department of
<br />Transportation. The contents of this report do not necessarily reflect the official views or policy of the
<br />U.S. Department of Transportation.”
<br />
<br />420
|