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Federal Transit Administration Clauses <br />5 <br />infrastructure project. <br />7. CARGO PREFERENCE REQUIREMENTS – NOT APPLICABLE <br />A. Cargo Preference - Use of United States-Flag Vessels <br />Include for all contracts in which ocean vessel is used to transport. <br />8. CHARTER SERVICE – NOT APPLICABLE <br />9. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Over <br />150K) <br />This clause flows down and extends to all third-party contractors and their contracts. It must be included in <br />every tier contract. <br />The Contractor agrees: <br />1. It will not use any violating facilities; <br />2. It will report the use of facilities placed on or likely to be placed on the U.S. EPA “List of Violating <br />Facilities;” <br />3. It will comply with the inspection and other requirements of the Clean Air Act, as amended, (42 U.S.C. §§ <br />7401 – 7671q); and the Federal Water Pollution Control Act as amended, (33 U.S.C. §§ 1251-1388). <br />4. It will report violations must to the Federal awarding agency and the Regional Office of the <br />Environmental Protection Agency (EPA). <br />10. CIVIL RIGHTS AND EQUAL OPPORTUNITY <br />This clause flows down and extends to all third-party contractors and their contracts. It must be included in <br />every tier contract. <br />The City of Everett is an Equal Opportunity Employer. As such, the City of Everett and all third-party <br />contractors and their contracts agree to prohibit discrimination based on race, color, religion, sex, sexual <br />orientation, gender identity, or national origin, and comply with all applicable Federal civil rights laws and <br />implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, <br />the City of Everett agrees to comply with the requirements of 49 U.S.C. § 5323(h)(3) by not using any <br />Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory <br />specifications. <br />City of Everett and all third-party contractors and their contracts also agree to comply with Title VII of the <br />Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq.; (ii) Comply with Title I of the Americans with <br />Disabilities Act of 1990, as amended, 42 U.S.C. §§ 12101, et seq.; (iii) Facilitate compliance with Executive <br />Order No. 11246, “Equal Employment Opportunity” September 24, 1965 (42 U.S.C. § 2000e note), as <br />amended by any later Executive Order that amends or supersedes it in part and is applicable to federal <br />assistance programs; (iv) Comply with federal transit law, specifically 49 U.S.C. § 5332, as provided in section <br />12 of this Master Agreement; (v) FTA Circular 4704.1 “Equal Employment Opportunity (EEO) Requirements