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~_ j Incorporation of Federal Transit Administration (FTA) Terms - The provisions of this Addendum
<br />include, in part, 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 />~I in FTA Circular 4220.1D, dated April 15, 1996, are hereby incorporated 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, po~icies,
<br />procedures and directives, including without limitation those listed directly or by reference in the
<br />Agreement (Form FTA MA (4) dated October 1, 1997) between Recipient and FTA, as they may be
<br />amended or promulgated from tiit-c to time during the term of this contrac~ Contracto~'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 obtigations under this
<br />contract, it wiil use air transportatioa provided by United States-Flag air carriers for air transportation
<br />of persons or property, to the extent service by these carriers is available, as required by the
<br />Intemational Air Transportation Fair Competitive Practices Act of 1974, as amended, 49 U.S.C.
<br />40118, in accordance w~th 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 bullc carriers, dry cargo liners, and tankers) involved, whenever
<br />shipping any equipment, material, or commodities pursuant to the underlying contract to the extent
<br />such vessels aze 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 shi~ments 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-boazd" commercial ocean bill-of-lading in
<br />English for each shipment of cargo to the Division of National Cargo, Office of Markei Development,
<br />Maritime 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 aze 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 Resourcg Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but
<br />not limited to the regutatory 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) l~iondiscrimination - 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, FI'A Contract Requirements
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