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Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment
<br /> Opportunity, 1142 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders,
<br /> regulations,and Federal policies that may in the future affect construction activities undertaken in the
<br /> course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are
<br /> employed, and that employees are treated during employment, without regard to their race, color,
<br /> creed, national origin, sex, or age. Such action shall include, but not be limited to, the following:
<br /> employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or
<br /> termination; rates of pay or other forms of compensation; and selection for training, including
<br /> apprenticeship.In addition,the Contractor agrees to comply with any implementing requirements FTA
<br /> may issue.
<br /> (b) Age-In accordance with section 4 of the Age Discrimination in Employment Act of 1967,as amended,
<br /> 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from
<br /> discrimination against present and prospective employees for reason of age. In addition, the
<br /> Contractor agrees to comply with any implementing requirements FTA may issue.
<br /> (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42
<br /> U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal
<br /> Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions
<br /> of the Americans with Disabilities Act,"29 C.F.R. Part 1630,pertaining to employment of persons with
<br /> disabilities. In 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 in whole or in
<br /> part with Federal assistance provided by FTA, modified only if necessary to identify the affected
<br /> parties. Suspension and/or Debarment. The Contractor is required to verify that none of the
<br /> Contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are
<br /> excluded or disqualified as defined at 49 CFR 29.940 and 29.945.The Contractor is required to comply
<br /> with 49 CFR 29,Subpart C and must include the requirement to comply with 49 CFR 29,Subpart C in
<br /> any lower tier subcontract it enters into. If it is later determined that the Contractor knowingly
<br /> rendered an erroneous certification, in addition to remedies available to the City, the Federal
<br /> Government may pursue available remedies, including but not limited to suspension: and/or
<br /> debarment.
<br /> Disputes.
<br /> Disputes arising in the performance of this Contract,the authorized representative of the City Manager
<br /> of the City of Decatur shall decide which are not resolved by agreement of the parties,in writing.This
<br /> decision shall be final and conclusive unless the Contractor mails or otherwise furnishes a written
<br /> appeal to the City Manager within ten(10)days from the date of receipt of its copy.In connection with
<br /> any such appeal,the Contractor shall be afforded an opportunity to be heard and to offer evidence in
<br /> support of its position.The decision of the City Manager shall be binding upon the Contractor and the
<br /> Contractor shall abide be the decision. Unless otherwise directed by the City, the Contractor shall
<br /> continue performance under this Contract while matters in dispute are being resolved.
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