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(2) Equal Employment Opportunity-
<br /> (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights
<br /> Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor
<br /> agrees to comply with all applicable equal employment opportunity requirements of U.S.
<br /> Department of Labor(U.S. DOL) regulations, "Office of Federal Contract Compliance
<br /> Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et sed.,
<br /> (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended
<br /> by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal
<br /> Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes,
<br /> executive orders, regulations, and Federal policies that may in the future affect construction
<br /> activities undertaken in the course of the Project. The Contractor agrees to take affirmative
<br /> action to ensure that applicants are employed, and that employees are treated during
<br /> employment,without regard to their race, color, creed, national origin, sex, or age. Such action
<br /> shall include,but not be limited to, the following: employment,upgrading, demotion or transfer,
<br /> recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of
<br /> compensation; and selection for training, including apprenticeship. In addition,the Contractor
<br /> agrees to comply with any implementing requirements FTA may issue.
<br /> (b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as
<br /> amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332,the Contractor agrees to
<br /> refrain from discrimination against present and prospective employees for reason of age. In
<br /> addition, the 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
<br /> amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of
<br /> U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal
<br /> Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630,pertaining
<br /> to employment of persons with disabilities. In addition, the Contractor agrees to comply with
<br /> any implementing requirements FTA may issue.
<br /> (3) The Contractor also agrees to include these requirements in each subcontract financed in
<br /> whole or in part with Federal assistance provided by FTA,modified only if necessary to identify
<br /> the affected parties.
<br /> Disadvantaged Business Enterprises (DBE).
<br /> a. The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the
<br /> performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR
<br /> Part 26 in the award and administration of this DOT-assisted contract. Failure by the Contractor
<br /> to carry out these requirements is a material breach of this contract, which may result in the
<br /> termination of this contract or such other remedy as the City deems appropriate. Each
<br /> subcontract the Contractor signs must include the assurance in this paragraph
<br /> d. The Contractor must promptly notify the City whenever a DBE subcontractor performing
<br /> work related to this contract is terminated or fails to complete its work, and must make good
<br /> faith efforts to engage another DBE subcontractor to perform at least the same amount of work.
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