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(1)Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42
<br />U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C.
<br />§ 6102, section 202 of the Americans with Disabilities Act (ADA) of 1990, 42 U.S.C. § 12132,
<br />and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate
<br />against any employee or applicant for employment because of race, color, creed, national
<br />origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable
<br />Federal implementing regulations and other implementing requirements FTA may issue.
<br />(2)Equal Employment Opportunity - The following equal employment opportunity
<br />requirements apply to the underlying contract:
<br />(a)Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil
<br />Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C.
<br />§ 5332, the Contractor agrees to comply with all applicable equal employment
<br />opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations,
<br />"Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
<br />Department of Labor," 41 C.F.R. Parts 60 et seq., , and with any applicable Federal
<br />statutes, executive orders, regulations, and Federal policies that may in the future
<br />affect construction activities undertaken in the course of the Project. The Contractor
<br />agrees to take affirmative action to ensure that applicants are employed, and that
<br />employees are treated during employment, without regard to their race, color, creed,
<br />national origin, sex, or age. Such action shall include, but not be limited to, the
<br />following: employment, upgrading, demotion or transfer, recruitment or recruitment
<br />advertising, layoff or termination; rates of pay or other forms of compensation; and
<br />selection for training, including apprenticeship. In addition, the Contractor agrees to
<br />comply with any implementing requirements FTA may issue.
<br />(b)Age - In accordance with section 4 of the Age Discrimination in Employment Act
<br />of 1967, as amended, 29 U.S.C. §§ 623 and Federal transit law at 49 U.S.C. § 5332,
<br />the Contractor agrees to refrain from discrimination against present and prospective
<br />employees for reason of age. In addition, the Contractor agrees to comply with any
<br />implementing requirements FTA may issue.
<br />(c)Disabilities - In accordance with section 102 of the Americans with Disabilities
<br />Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with
<br />the requirements of U.S. Equal Employment Opportunity Commission, "Regulations
<br />to Implement the Equal Employment Provisions of the Americans with Disabilities
<br />Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In
<br />addition, the Contractor agrees to comply with any implementing requirements FTA
<br />may issue.
<br />(3)The Contractor also agrees to include these requirements in each subcontract financed
<br />in whole or in part with Federal assistance provided by FTA, modified only if necessary to
<br />identify the affected parties.
<br />3. Disadvantaged Business Enterprises -The recipient's DBE program, as required by 49 CFR
<br />Part 26 and as approved by DOT, is incorporated by reference in this agreement.
<br />Implementation of this program is a legal obligation and failure to carry out its terms shall be
<br />treated as a violation of this agreement. Upon notification to the recipient of its failure to carry
<br />out its approved program, the
<br />Department may impose sanctions as provided for under Part 26 and may, in appropriate
<br />cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil
<br />Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
<br />Everett Transit
<br />PTD1163
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