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Pre-Award & Post Delivery Audit Requirements

Pre-Award & Post-Delivery Audit Requirements - Applicability — Rolling Stock/Turnkey
Contractor shall comply with 49 USC 5323(m) and FTA's implementing regulation 49
CFR 663 and submit the following certifications:

A. Buy America Requirements: Contractor shall complete and submit a declaration
certifying either compliance or noncompliance with Buy America. If contractor certifies
compliance with Buy America, it shall submit documentation listing:

B. Component and subcomponent parts of the rolling stock to be purchased identified
by manufacturer of the parts, their country of origin and costs; and
C. The location of the final assembly point for the rolling stock, including a

description of the activities that will take place at the final assembly point and the cost of
final assembly.

D. Solicitation Specification Requirements: Contractor shall submit evidence that it
will be capable of meeting the bid specifications.

E. Federal Motor Vehicle Safety Standards (FMVSS): Contractor shall submit 1)
manufacturer's FMVSS self- certification sticker information that the vehicle complies
with relevant FMVSS or 2) manufacturer's certified statement that the buses will not be
subject to FMVSS regulations.

F, The Bidder shall submit a copy of the Altoona Test Report. (prior to the delivery of
any buses)

This affidavit must be on the form provided by NTS, which is enclosed with this bid
package’

Lobbying

Construction/Architectural and Engineering/Acquisition of Rolling Stock/Professional
Service Contract/Operational

Service Contract/Turnkey contracts over $100,000

Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying
Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] -
Contractors who apply or bid for an award of $100,000 or more shall file the certification
required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier
above that it will not and has not used

Federal appropriated funds to pay any person or organization for influencing or attempting
to influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each
tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of
1995 who has made lobbying contacts on its behalf with non- Federal funds with respect to
that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are
forwarded from tier to tier up to the recipient. |

This affidavit must be on the form provided by NTS, which is enclosed with this bid
package

Access to Records and Reports
The following access to records requirements apply to this Contract:

1, Where the purchaser is not a State but a local government and is an FTA recipient
or a subgrantee of FTA recipient in accordance with 49 CFR 18.36(i), contractor shall
provide the purchaser, the FTA, the US Comptroller General or their authorized
representatives access to any books, documents, papers and contractor records which are
pertinent to this contract for the purposes of making audits, examinations, excerpts and
transcriptions. Contractor shall also, pursuant to 49 CFR 633.17, provide authorized FTA
representatives, including any PMO contractor, access to contractor's records and
construction sites pertaining to a capital project, defined at 49 USC 5302(a)1, which is
receiving FTA assistance through the programs described at 49 USC 5307, 5309 or 5311.

2. Where a purchaser which is an FTA recipient or a subgrantee of FTA recipient in
accordance with 49 USC 5325(a) enters into a contract for a capital project or improvement
(defined at 49 USC 5302(a)1) through other than competitive bidding, contractor shall
make available records related to the contract to the purchaser, the Secretary of USDOT
and the US Comptroller General or any authorized officer or employee of any of them for
the purposes of conducting an audit and inspection.

3 Contractor shall permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.

4. Contractor shall maintain all books, records, accounts and reports required under
this contract for a period of not less than three (3) years after the date of termination or
expiration of this contract, except in the event of litigation or settlement of claims arising
from the performance of this contract, in which case contractor agrees to maintain same
until the recipient, FTA Administrator, US Comptroller General, or any of their authorized
representatives, have disposed of all such litigation, appeals, claims or exceptions related
thereto. Re: 49 CFR 18.39(i)(11).

Federal Changes

Contractor shall comply with all applicable FTA regulations, policies, procedures and
directives, including without limitation those listed directly or by reference in the Master
Agreement between the purchaser and FTA, as they may be amended or promulgated from
time to time during the term of the contract. Contractor's failure to comply shall constitute
a material breach of the contract.

Recovered Materials

The Bidder agrees to comply with all the requirements of Section 6002 of the Resource
Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not
limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as
they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.

Clean Air

All Contracts and Subcontracts over $150,000.

Contractor shall comply with all applicable standards, orders or regulations pursuant to the
Clean Air Act, 42 USC 7401 et seq. Contractor shall report each violation to the recipient
and understands and agrees that the recipient will, in turn, report each violation as required
to FTA and the appropriate EPA Regional Office. Contractor shall include these
requirements in each subcontract exceeding $150,000 financed in whole or in part with
FTA assistance.

The contractor agrees:

A) It will not use any violating facilities;

B) It will report the use of facilities placed on or likely to be placed on the U.S. EPA
“List of Violating Facilities;”

C) It will report violations of use of prohibited facilities to FTA; and

D) It will comply with the inspection and other requirements of the Clean Air Act, as
amended (42 USC 7401-7671q).

Contract Work Hours & Safety Standards Act

Applicability — Contracts over $100,000

1; Overtime requirements - No contractor or subcontractor contracting for any part of
the contract work which may require or involve the employment of laborers or mechanics
shall require or permit any such laborer or mechanic in any workweek in which he or she is
employed on such work to work in excess of 40 hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times
the basic rate of pay for all hours worked in excess of 40 hours in such workweek.

2. Violation; liability for unpaid wages; liquidated damages - In the event of any
violation of the clause set forth in para. (1) of this section, contractor and any subcontractor
responsible therefore shall be liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable for liquidated damages. Such liquidated damages shall be
computed with respect to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in para. (1) of this section, in the sum
of $10 for each calendar day on which such individual was required or permitted to work in
excess of the standard workweek of 40 hours without payment of the overtime wages
required by the clause set forth in para. (1) of this section.

3. Withholding for unpaid wages and liquidated damages - the recipient shal! upon its
own action or upon written request of USDOL withhold or cause to be withheld, from any
moneys payable on account of work performed by contractor or subcontractor under any
such contract or any other Federal contract with the same prime contractor, or any other
federally-assisted contract subject to the Contract Work Hours & Safety Standards Act,
which is held by the same prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in para. (2) of this section.

4. Subcontracts - Contractor or subcontractor shall insert in any subcontracts the
clauses set forth in this section and also a clause requiring the subcontractors to include
these clauses in any lower tier subcontracts. Prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in
this section.

No Government Obligation to Third Parties

A. The recipient and contractor acknowledge and agree that, notwithstanding any
concurrence by the US Government in or approval of the solicitation or award of the
underlying contract, absent the express written consent by the US Government, the US
Government is not a party to this contract and shall not be subject to any obligations or
liabilities to the recipient, the contractor, or any other party (whether or not a party to that
contract) pertaining to any matter resulting from the underlying contract.

B. Contractor agrees to include the above clause in each subcontract financed in whole
or in part with FTA assistance. It is further agreed that the clause shall not be modified,
except to identify the subcontractor who will be subject to its provisions.

Program Fraud and False or Fraudulent Statements or Related Acts

Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of
1986, as amended, 31 USC 3801 et seq. and USDOT regulations, "Program Fraud Civil
Remedies," 49 CFR 31, apply to its actions pertaining to this project. Upon execution of
the underlying contract, contractor certifies or affirms the truthfulness and accuracy of any
statement it has made, it makes, it may make, or causes to be made, pertaining to the
underlying contract or FTA assisted project for which this contract work is being
performed. In addition to other penalties that may be applicable, contractor further
acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim,
statement, submittal, or certification, the US Government reserves the right to impose the
penalties of the Program Fraud Civil Remedies Act (1986) on contractor to the extent the
US Government deems appropriate.

The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious,
or fraudulent claim, statement, submission, or certification to the Federal Government
under a contract connected with a project that is financed in whole or in part with Federal
assistance originally awarded by FTA under the authority of 49 U.S.C chapter 53, the
Government reserves the right to impose the penalties of 18 U.S.C 1001 and 49 U.S.C.
5323 (1) on the Contractor, to the extent the Federal Government deems appropriate.

The Contractor agrees to include the above two clauses in each subcontract financed in
whole or in part with Federal assistance provided by FTA. It is further agreed that the
clauses shall not be modified, except to identify the subcontractor who will be subject to
the provisions.

Termination
Applicability — All Contracts over $10,000.

l. Termination for Convenience (General Provision) the recipient may terminate this
contract, in whole or in part, at any time by written notice to contractor when it is in the
recipient's best interest. Contractor shall be paid its costs, including contract close-out
costs, and profit on work performed up to the time of termination. Contractor shall
promptly submit its termination claim to the recipient. If contractor is in possession of any
of the recipient’s property, contractor shall account for same, and dispose of it as the
recipient directs.

2. Termination for Default [Breach or Cause] (General Provision) If contractor does
not deliver items in accordance with the contract delivery schedule, or, if the contract is for
services, and contractor fails to perform in the manner called for in the contract, or if
contractor fails to comply with any other provisions of the contract, the recipient may
terminate this contract for default. Termination shall be effected by serving a notice of
termination to contractor setting forth the manner in which contractor is in default.
Contractor shall only be paid the contract price for supplies delivered and accepted, or for
services performed in accordance with the manner of performance set forth in the contract.
If it is later determined by the recipient that contractor had an excusable reason for not
performing, such as a strike, fire, or flood, events which are not the fault of or are beyond
the control of contractor, the recipient, after setting up a new delivery or performance
schedule, may allow contractor to continue work, or treat the termination as a termination
for convenience.

3, Opportunity to Cure (General Provision) the recipient in its sole discretion may, in
the case of a termination for breach or default, allow the contractor 10 days in which to
cure the defect. In such case, the notice of termination shall state the time period in which
cure is permitted and other appropriate conditions. If contractor fails to remedy to the
recipient's satisfaction the breach or default or any of the terms, covenants, or conditions of
this Contract within ten (10) days after receipt by contractor or written notice from the
recipient setting forth the nature of said breach or default, the recipient shall have the right
to terminate the Contract without any further obligation to contractor. Any such
termination for default shall not in any way operate to preclude the recipient from also
pursuing all available remedies against contractor and its sureties for said breach or default.

4, Waiver of Remedies for any Breach In the event that the recipient elects to waive
its remedies for any breach by contractor of any covenant, term or condition of this
Contract, such waiver by the recipient shall not limit its remedies for any succeeding
breach of that or of any other term, covenant, or condition of this Contract.

5. Termination for Convenience (Professional or Transit Service Contracts) the
recipient, by written notice, may terminate this contract, in whole or in part, when it is in
the recipient's interest. If the contract is terminated, the recipient shall be liable only for
payment under the payment provisions of this contract for services rendered before the
effective date of termination.

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modify such infringing materials, concepts, products, or processes so they become non-
infringing, or to obtain the necessary licenses to use the infringing materials, concepts,
products, or processes, provided that such substituted or modified materials, concepts,
products, or processes shall meet all the requirements and be subject to all the terms and
conditions of this contract.

FINAL ACCEPTANCE Upon completion of all work under the contract, Professional
Engineer shall notify the City of Nashua in writing of the date of the completion of the
work and request confirmation of the completion from the City of Nashua. Upon receipt
of the notice, the City of Nashua shall confirm to Professional Engineer in writing that the
whole of the work was completed on the date indicated in the notice or provide Professional
Engineer with a written list of work not completed. With respect to work listed by the City
of Nashua as incomplete, Professional Engineer shall promptly complete the work and the
final acceptance procedure shall be repeated. The date of final acceptance of a project by
the City of Nashua shall be the date upon which the Board of Public Works or other
designated official accepts and approves the notice of completion.

TAXES Professional Engineer shall pay all taxes, levies, duties, and assessments of every
nature due in connection with any work performed under the contract and make any and
all payroll deductions required by law. The contract sum and agreed variations to it shall
include all taxes imposed by law. Professional Engineer hereby indemnifies and holds
harmless the City of Nashua from any liability on account of any and all such taxes, levies,
duties, assessments, and deductions.

NON-WAIVER OF TERMS AND CONDITIONS None of the terms and conditions of this
contract shall be considered waived by the City of Nashua. There shall be no waiver of
any past or future default, breach, or modification of any of the terms and conditions of the
contract unless expressly stipulated to by the City of Nashua in a written waiver.

RIGHTS AND REMEDIES The duties and obligations imposed by the contract and the rights
and remedies available under the contract shall be in addition to and not a limitation of any
duties, obligations, rights, and remedies otherwise imposed or available by law.

PROHIBITED INTERESTS Professional Engineer shall not allow any officer or employee
of the City of Nashua to have any indirect or direct interest in this contract or the proceeds
of this contract. Professional Engineer warrants that no officer or employee of the City of
Nashua has any direct or indirect interest, whether contractual, noncontractual, financial or
otherwise, in this contract or in the business of Professional Engineer. If any such interest
comes to the attention of Professional Engineer at any time, a full and complete disclosure
of the interest shall be immediately made in writing to the City of Nashua. Professional
Engineer also warrants that it presently has no interest and that it will not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of services required to be performed under this contract. Professional
Engineer further warrants that no person having such an interest shall be employed in the
performance of this contract. If City of Nashua determines that a conflict exists and was
not disclosed to the City of Nashua, it may terminate the contract at will or for cause in
accordance with paragraph 8.

In the event Professional Engineer (or any of its officers, partners, principals, or employees
acting with its authority) is convicted of a crime involving a public official arising out or

GC 11 of 13

6. Termination for Default (Supplies and Service) If contractor fails to deliver
supplies or to perform the services within the time specified in this contract or any
extension or if the contractor fails to comply with any other provisions of this contract, the
recipient may terminate this contract for default. The recipient shall terminate by delivering
to contractor a notice of termination specifying the nature of default. Contractor shall only
be paid the contract price for supplies delivered and accepted, or services performed in
accordance with the manner or performance set forth in this contract. If, after termination
for failure to fulfill contract obligations, it is determined that contractor was not in default,
the rights and obligations of the parties shall be the same as if termination had been issued
for the recipient’s convenience.

Government Wide Debarment and Suspension

Applicability — Contracts over $25,000

The Contractor shall comply and facilitate compliance with U.S. DOT regulations,
“Nonprocurement Suspension and Debarment,” 2 C.F.R. part 1200, which adopts and
supplements the U.S. Office of Management and Budget (U.S. OMB) “Guidelines to
Agencies on Government wide Debarment and Suspension (Nonprocurement),” 2 C.F.R.
part 180. These provisions apply to each contract at any tier of $25,000 or more, and to
each contract at any tier for a federally required audit (irrespective of the contract amount),
and to each contract at any tier that must be approved by an FTA official irrespective of the
contract amount. As such, the Contractor shall verify that its principals, affiliates, and
subcontractors are eligible to participate in this federally funded contract and are not
presently declared by any Federal department or agency to be:

a) Debarred from participation in any federally assisted Award;

b) Suspended from participation in any federally assisted Award;

c) Proposed for debarment from participation in any federally assisted Award;
d) Declared ineligible to participate in any federally assisted Award;

e) Voluntarily excluded from participation in any federally assisted Award; or
f) Disqualified from participation in ay federally assisted Award.

By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:

The certification in this clause is a material representation of fact relied upon by the
Recipient . If it is later determined by the Recipient that the bidder or proposer knowingly
rendered an erroneous certification, in addition to remedies available to the Recipient, the
Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment. The bidder or proposer agrees to comply with the
requirements of 2 C.F.R. part 180, subpart C, as supplemented by 2 C.F.R. part 1200, while
this offer is valid and throughout the period of any contract that may arise from this offer.
The bidder or proposer further agrees to include a provision requiring such compliance in
its lower tier covered transactions.

This affidavit must be on the form provided by NTS, which is enclosed with this bid
package

Contracts Involving Federal Privacy Act Requirements

When a recipient maintains files on drug and alcohol enforcement activities for FTA, and
those files are organized so that information could be retrieved by personal identifier, the
Privacy Act requirements apply to all contracts except micro-purchases ($3,500 or less,
except for construction contracts over $2,000)

The following requirements apply to the Contractor and its employees that administer any
system of records on behalf of the Federal Government under any contract:

1. The Contractor agrees to comply with, and assures the compliance of its employees
with, the information restrictions and other applicable requirements of the Privacy Act of
1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express
consent of the Federal Government before the Contractor or its employees operate a system
of records on behalf of the Federal Government. The Contractor understands that the
requirements of the Privacy Act, including the civil and criminal penalties for violation of
that Act, apply to those individuals involved, and that failure to comply with the terms of
the Privacy Act may result in termination of the underlying contract.

2. The Contractor also agrees to include these requirements in each subcontract to
administer any system of records on behalf of the Federal Government financed in whole
or in part with Federal assistance provided by FTA.

Civil Rights Requirements

The Recipient understands and agrees that it must comply with applicable Federal civil
rights laws and regulations, and follow applicable Federal guidance, except as the Federal
Government determines otherwise in writing. Specifically:

1. Nondiscrimination in Federal Public Transportation Programs. The Recipient
agrees to, and assures that each Third Party Participant will, comply with Federal transit
law, 49 U.S.C. § 5332 (FTA’s “Nondiscrimination” statute): (1) FTA’s
“Nondiscrimination” statute prohibits discrimination on the basis of: (a) Race, (b) Color,
(c) Religion, (d) National origin, (e) Sex (including sexual orientation and gender identity),
(f) Disability, or (g) Age, and (2) The FTA “Nondiscrimination” statute’s prohibition
against discrimination includes: (a) Exclusion from participation, (b) Denial of program
benefits, or (c) Discrimination, including discrimination in employment or business
opportunity,

1. Nondiscrimination — Title VI of the Civil Rights Act. The Recipient agrees to, and
assures that each Third Party Participant will: (1) Prohibit discrimination based on: (a)
Race, (b) Color, or (c) National origin, (2) Comply with: (a) Title VI of the Civil Rights
Act of 1964, as amended, 42 U.S.C. § 2000d et seq., (b) U.S. DOT regulations,
“Nondiscrimination in Federally-Assisted Programs of the Department of Transportation —
Effectuation of Title VI of the Civil Rights Act of 1964,” 49 C.F.R. part 21, and (c) Federal
transit law, specifically 49 U.S.C. § 5332, as stated in the preceding section a, and (3)
Except as FTA determines otherwise in writing, follow: (a) The most recent edition of FTA
Circular 4702.1, “Title VI and Title VI-Dependent Guidelines for Federal Transit
Administration Recipients,” to the extent consistent with applicable Federal laws,
regulations, and guidance. (b) U.S. DOJ, “Guidelines for the enforcement of Title VI, Civil

Rights Act of 1964,” 28 C.F.R. § 50.3, and (c) Other applicable Federal guidance that may
be issued,

2. Equal Employment Opportunity. (1) Federal Requirements and Guidance. The
Recipient agrees to, and assures that each Third Party Participant will, prohibit
discrimination on the basis of race, color, religion, sex, or national origin, and: (a) Comply
with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., (b)
Facilitate compliance with Executive Order No. 11246, “Equal Employment Opportunity,”
as amended by Executive Order No. 11375, “Amending Executive Order No. 11246,
Relating to Equal Employment Opportunity,” 42 U.S.C. § 2000e note, (c) Comply with
Federal transit law, specifically 49 U.S.C. § 5332, as stated in section a, and (d) Comply
with other applicable EEO laws and regulations, as provided in Federal guidance, including
laws and regulations prohibiting discrimination on the basis of disability, except as the
Federal Government determines otherwise in writing, (2) General. The Recipient agrees to:
(a) Ensure that applicants for employment are employed and employees are treated during
employment without discrimination on the basis of their: 1 Race, 2 Color, 3 Religion, 4
Sex, 5 Disability, 6 Age, or 7 National origin, (b) Take affirmative action that includes, but
is not limited to: 1 Recruitment advertising, 2 Recruitment, 3 Employment, 4 Rates of pay,
5 Other forms of compensation, 6 Selection for training, including apprenticeship, 7
Upgrading, 8 Transfers, 9 Demotions, 10 Layoffs, and 11 Terminations, and (3) Equal
Employment Opportunity Requirements for Construction Activities. In addition to the
foregoing, when undertaking “construction” as recognized by the U.S. Department of
Labor (U.S. DOL), the Recipient agrees to comply, and assures the compliance of each
Third Party Participant, with: (a) U.S. DOL regulations, “Office of Federal Contract
Compliance Programs, Equal Employment Opportunity, Department of Labor,” 41 C.F.R.
chapter 60, and (b) Executive Order No. 11246, “Equal Employment Opportunity,” as
amended by Executive Order No. 11375, “Amending Executive Order No. 11246, Relating
to Equal Employment Opportunity,” 42 U.S.C. § 2000e note,

3, Disadvantaged Business Enterprise To the extent authorized by applicable Federal
law, the Recipient agrees to facilitate, and assures that each Third Party Participant will
facilitate, participation by small business concerns owned and controlled by socially and
economically disadvantaged individuals, also referred to as “Disadvantaged Business
Enterprises” (DBEs), in the Project as follows: (1) Requirements. The Recipient agrees to
comply with: (a) Section 1101(b) of MAP-21, 23 U.S.C. § 101 note, (b) U.S. DOT
regulations, “Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs,” 49 C.F.R. part 26, and (c) Federal transit
law, specifically 49 U.S.C. § 5332, as stated in section a, (2) Assurance. As required by 49
C.F.R. § 26.13(a), the Recipient provides assurance that: The Recipient shall not
discriminate on the basis of race, color, national origin, or sex in the award and
performance of any DOT- assisted contract or in the administration of its DBE program or
the requirements of 49 C.F.R. part 26. The Recipient shall take all necessary and
reasonable steps under 49 C.F.R. part 26 to ensure nondiscrimination in the award and
administration of DOT-assisted contracts. The Recipient's DBE program, as required by 49
C.F.R. part 26 and as approved by DOT, is incorporated by reference in this agreement.
Implementation of this program is a legal obligation and failure to carry out its terms shall
be treated as a violation of this agreement. Upon notification to the Recipient of its failure
to carry out its approved program, the Department may impose sanctions as provided for

under 49 C.F.R. part 26 and may, in appropriate cases, refer the matter for enforcement
under 18 U.S.C. § 1001 and/or the Program Fraud Civil Remedies Act of 1986, 31 U.S.C.

§ 3801 et seq.,

4. Nondiscrimination on the Basis of Sex. The Recipient agrees to comply with
Federal prohibitions against discrimination on the basis of sex, including: (1) Title IX of
the Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq., (2) U.S. DOT
regulations, “Nondiscrimination on the Basis of Sex in Education Programs or Activities
Receiving Federal Financial Assistance,” 49 C.F.R. part 25, and (3) Federal transit law,
specifically 49 U.S.C. § 5332, as stated in section a,

5. Nondiscrimination on the Basis of Age. The Recipient agrees to comply with
Federal prohibitions against discrimination on the basis of age, including: (1) The Age
Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 — 634, which prohibits
discrimination on the basis of age, (2) U.S. Equal Employment Opportunity Commission
(U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625,
which implements the ADEA, (3) The Age Discrimination Act of 1975, as amended, 42
U.S.C. § 6101 et seq., which prohibits discrimination against individuals on the basis of
age in the administration of programs or activities receiving Federal funds, (4) U.S. Health
and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or
Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, which implements
the Age Discrimination Act of 1975, and Federal transit law, specifically 49 U.S.C. § 5332,
as stated in section a,

6. Nondiscrimination on the Basis of Disability. The Recipient agrees to comply with
the following Federal prohibitions pertaining to discrimination against seniors or
individuals with disabilities: (1) Federal laws, including: (a) Section 504 of the
Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination
on the basis of disability in the administration of federally funded programs or activities,
(b) The Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et
seq., which requires that accessible facilities and services be made available to individuals
with disabilities, (c) The Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151
et seq., which requires that buildings and public accommodations be accessible to
individuals with disabilities, (d) Federal transit law, specifically 49 U.S.C. § 5332, which
now includes disability as a prohibited basis for discrimination, and (e) Other applicable
laws and amendments pertaining to access for elderly individuals or individuals with
disabilities, (2) Federal regulations, including: (a) U.S. DOT regulations, “Transportation
Services for Individuals with Disabilities (ADA),” 49 C.F.R. part 37, (b) U.S. DOT
regulations, “Nondiscrimination on the Basis of Disability in Programs and Activities
Receiving or Benefiting from Federal Financial Assistance,” 49 C.F.R. part 27, U.S. DOT
regulations, “Transportation for Individuals with Disabilities: Passenger Vessels,” 49
C.F.R. part 39, (d) Joint U.S. Architectural and Transportation Barriers Compliance Board
(U.S. ATBCB) and U.S. DOT regulations, “Americans With Disabilities (ADA)
Accessibility Specifications for Transportation Vehicles,” 36 C.F.R. part 1192 and 49
C.F.R. part 38, (e) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability in
State and Local Government Services,” 28 C.F.R. part 35, (f) U.S. DOJ regulations,
“Nondiscrimination on the Basis of Disability by Public Accommodations and in
Commercial Facilities,” 28 C.F.R. part 36, (g) U.S. EEOC, “Regulations to Implement the