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Incorporation of Federal Transit Administration (FTA) Terms - The provisions of this Addendum
<br />include, in pazt, certain Standard Terms and Conditions required by DOT, whether or not expressly
<br />set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth
<br />in FTA Circular 4220.1D, dated April 15, 1996, are hereby mcorporated by reference. Anything to
<br />the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event
<br />of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any
<br />act, fail to perform any act, or refuse to comply with any Recipient requests which would cause
<br />Recipient to be in violation of the FTA terms and conditions.
<br />Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies,
<br />procedures and directives, including without limitation those listed directly or by reference in the
<br />Agreement (Form FTA MA (3) dated October l, 1996) between Recipient and FTA, as they may be
<br />amended or promulgated from time to time during the term of this contract. Contractor's failure to so
<br />comply shall constitute a material breach of this contract.
<br />Fly America - The Contractor agrees that, in connection with performing its obligations under this
<br />contract, it will use air transportation provided by United States-Flag air carriers for air transportation
<br />of persons or property, to the extent service by these caniers is available, as required by the
<br />International Air Transportation Fair Competitive Practices Act of 1974, as amended, 49 U.S.C.
<br />40118, in accordance with U.S. GAO regulations in 4 CFR Part 52 and U.S. GAO Guidelines for
<br />Implementation of the Fly America Act, B-138942 (1981).
<br />Cargo Preference - Use of United States-Flag Vessels - The Contractor agrees: a. to use privately
<br />owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage _
<br />(computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever _
<br />shippmg any equipment, matenal, or commodities pursuant to the underlying contract to the extent
<br />such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; b. to
<br />furnish within 20 working days following the date of loading for shipments originating within the
<br />United States or within 30 working days following the date of leadmg for shipments originating
<br />outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of-ladmg in
<br />English for each shipment of cazgo to the Division of National Cargo, Office of Market Development,
<br />Mazitime Administration, Washington, DC 20590 and to Recipient (through the Contractor in the case
<br />of a subcontractor's bill-of-lading.)
<br />Energy Conservation - The Contractor agrees to comply with mandatory standards and policies
<br />relating to energy efficiency which are contained in the state energy conservation plan issued in
<br />compliance with the Energy Policy and Conservation Act.
<br />Recovered Materials - The Contractor agrees to comply with all the requirements of Section 6002 of
<br />the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but
<br />not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they
<br />apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.
<br />Civil Rights - The following requirements apply:
<br />(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. §
<br />2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section
<br />202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49
<br />U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant
<br />for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the
<br />Contractor agrees to comply with applicable Federal implementing regulations and other
<br />implementing requirements FTA may issue.
<br />Addendum, F'TA Contract Requirements
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