02-24-14 Council Agenda & Packet

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C. TRANSPO shall not perform any act, fail to perform any act, or refuse to comply with any requests by the City which would cause the City to be in violation of any federal, state or local law. D. TRANSPO and the City acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of this solicitation or award of this Agreement, absent the express written consent by the Federal Government, the Federal Government is not a party to this Agreement and shall not be subject to any obligations or liabilities to TRANSPO, City or any other party (whether or not a party to this Agreement or any Agreement awarded pursuant thereto) pertaining to any matter resulting from this Agreement. E. TRANSPO agrees to extend application of the federal requirements to its subrecipients or contractors, and their respective subcontractors, by including this Section and the related exhibits in each contract and subcontract TRANSPO awards under this Agreement financed in whole or in part with Federal assistance provided by Department of Energy. It is further agreed that this Section shall not be modified, expect to change the names of the parties to reflect the subrecipient or contractor which will be subject to its provisions. SECTION 12. CIVIL RIGHTS. The following requirements apply to the underlying Agreement and TRANSPO's performance of the design, development and construction of the facility: A. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended,42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements Department of Energy may issue. B. Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: 1. Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 7