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BID FORM

OFFER SECTION:
Bidder hereby offers to furnish 85 biodiesel fuel to the City of Nashua, New Hampshire, in accordance

with afl of the requirements of this bid at the following price for the contract terms and any extension
thareo!.

BASE BID: FIXED PRICE FORMAT PER FIXED PRICE FORMAT SCOPE AS SPECIFIED WITHIN.

UNIT DESCRIPTION DELIVERED PRICE (US DOLLARS) UNIT COSTS
10,000-20,000 85 BIODIESEL FUEL g 2.5977 GAL

GALLONS “ESTIMATED”

BIDDER CONTACT INFORMATION:

The following infermation is for this office to be able to contact a persan knowledgeable of your bie
response, and who can answer questions regarding it

Contact Person Maryanne E. Little Talephone Number 800-336-3762 x 2020
Bid & Proposal Manager .

Fax Number 203-463-3699 ee Email Address__mel@eastriverenergy.com

Company Website www.eastriverenergy.com Company Address401 Soundview Road, P.O. Box 388
Guilford, CT 06437

Firm and fixed price must be awarded promptly or may be subject to change due to the volatile energy market.

on

HR0464-O88 118 Bid for 85 Bixdiesel Fuel

REQUIRED CONTRACT FEDERAL CLAUSES

EXHIBIT A - 1FB0464-053118 Bid for B5 Biodiescl Fuel
Cargo Preference
Contracts involving equipment, materials or commoditivs which may be transported by ocvan
vessels, These requirements do not apply to micro-purchases ($3,500 or less, except for
construction contracts over $2,000). Contractor shall: a, use privately owned US-Flag
commercial vessels to ship at least 50% of the gross tonnage (computed separately for dry bulk
carriers, dry cargo liners and tankers) involved, whenever shipping any equipment, material or
commodities pursuant to the underlying contract to the extent such vessels are available at fair
and reasonable rates for US flag commercial vessels; b. furnish within 20 working days
following the loading date of shipments originating within the US or within 30 working days
following the loading date of shipments originating outside the US, a legible copy of a rated,
“on-board” commercial bill-of-lading in English for each shipment of cargo described herein to
the Division of National Cargo, Office of Market Development, Maritime Administration,
Washington, DC 20590 and to the recipient (through contractor in the case of a subcontractot's
bill-of-lading.); c. include these requirements in all subcontracts issued pursuant to this contract
when the subcontract involves the transport of equipment, material or commaditics by accan
vessel; d. Requires Bidder and subcontractors at every tier to use United States-flag air carriers,
to the extent service by these carriers is available. When the contract may involve the
international transportation of goods, equipment, or personnel by air, the contract must. 49
U.S.C. 40118 and 4 CFR Part 52.

Energy Conservation

Contractor shall comply with mandatory standards and policies relating to energy efficiency,
stated in the state energy conservation plan issued in compliance with the Energy Policy &
Conservation Act.

False Or Misleading Statements

Proposals which contain false or misleading statements, or which provide references which do
not support an attribute or condition claimed by the Bidder, may be rejected. If, in the opinion of
NTS, such information was intended to misicad NTS in its evaluation of the proposal, and the

attribute, condition or capability is a requirement of this proposal, it will be the basis for rejection
of the proposal.

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 und 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 (o 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 PTA recipient or a subgrantec 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 t JSDOT 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 shal] 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 setilement of claims arising from the
performance of this contract, in which case contractor agrees to maintain sume 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@)(1 1).

Federal Changes

Contractor shall comply with all applicable PTA regulations, policies, procedures and directives,
including without limitation those listed dircetly or by reference in the Master Agreement
between the purchaser and FTA, as they may be amended or promulgated from time to Gime
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 CER Part 247, and Executive Order 12873, as they
apply to the procurement of the items designated in Subpart B of 40 CFR Part 247,

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 4
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 finaneed in whole or in
part with FTA assistance. It is further agreed that the clause shall not be modified, except ta
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 PTA 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 L001 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. [tis further agreed that the clauses shall not be
modified, except to identity the subcontractor whe will be subject to the provisions.

Termination
Applicability — All Contracts over $10,000.

I. Termination for Convenience (General Provision) the recipient may terminate this
contract, in whole or in part, at any lime 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 recipients 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 setling
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.

NASHUA AIRPORT AUTHORITY
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
For the Year Ended June 30, 202]

Other capital assets:

Land improvements 30,946,937 30,946,937
Buildings and improvements 1,524,854 1,524,854
Equipment 3,244,353 3,244,353
Total other capital assets at historicalcost _ 35,716,144 : : 35,716,144
Less accumulated depreciation for:
Land improvements (13,064,575) (1,392,571) (14,457,146)
Buildings and improvements (1,092,537) (38,978) (1,131,515)
Equipment (1,268,841) (189,899) (1,458,740)
Total accumulated depreciation (15,425,953) (1,621,448) : (17,047,401)
Total other capital assets, net 20,290,191 (1,621,448) : 18,668,743
Total capital assets, net $ 24,529,872 $ 544,088 $ - $ 25,073,960

NOTE 4—OTHER POSTEMPLOYMENT BENEFITS
Plan Description

The New Hampshire Retirement System (NHRS) administers a cost-sharing multiple-employer other
postemployment benefit plan (OPEB Pian), The OPEB Plan provides a medical insurance subsidy to
qualified retired members.

The NHRS issues a publicly available financial report that includes financial statements and required
supplementary information for NHRS. That report may be obtained by writing to New Hampshire
Retirement System at 54 Regional Drive, Concord, New Hampshire 03301 or from their website at
www.nhrs.org,

The OPEB Plan is divided into four membership types. Political subdivision employees, teachers and State
employees belong to Group I. Police officers and firefighters belong to Group I]. The OPEB plan is closed
to new entrants.

Benefits Provided

Benefit amounts and eligibility requirements for the OPEB Plan are set by state law (RSA 100-A:52, RSA
100-A:52-a and RSA 100-A:52-b), and members are designated in statute by type. The medical insurance
subsidy is a payment made by NHRS to the former employer or its insurance administrator toward the cost
of health insurance for a qualified retiree, his/her qualified spouse, and his/her certified dependent children
with a disability who are living in the household and being cared for by the retiree. If the health insurance
premium amount is less than the medical subsidy amount, then only the health insurance premium amount
will be paid. If the health insurance premium amount exceeds the medical subsidy amount, then the retiree
or other qualified person is responsible for paying any portion that the employer does not pay.

Group I benefits are based on creditable service, age and retirement date. Group II benefits are based on
hire date, age and creditable service. Medical subsidy rates established by RSA 100-A:52 II are dependent
upon whether retirees are eligible for Medicare. Retirees not eligible for Medicare may receive a maximum
medical subsidy of $375.56 for a single person plan and $751.12 for a two-person plan. Retirees eligible
for Medicare may receive a maximum medical subsidy of $236.84 for a single person plan and $473.68 for
a two-person plan.

145

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, of canditions 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 detault shall nat 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 cvent 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.

3. 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.

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 cach contract at any tier of $25,000 or more, and to cach 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 [TA official irrespective of the contract amount. As such, the
Contractor shall verify that its principals, affiliates, and subcontractors are cligible 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 pursuc available remedies, including but not limited to suspension and/or
debarment. The bidder or proposcr agrees to comply with the requirements of 2 C.FLR. 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 fram 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 activitics for PTA, 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 employces that administer any
system of records on behalf of the Federal Government under any contract:

i. 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 cach subcontract lo

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 agrecs 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. 8
$332 (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), (1) 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 — Tifle 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, “Nondiserimination 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 (¢) Federal transit law, specifically 49 US.C.$
5332, as stated in the preceding section a, and (3) Except as PTA determines otherwise in
writing, follow: (a) The most recent edition of FTA Circular 4702.1, “Title Vi and Tite Vi-
Dependent Guidelines for Federal Transit Administration Recipients,” to the extent consistent
with applicable Federal laws, regulations, and guidance. (b) U.S. DOI, “Guidelines for the
enforcement of Tithe VI, Civil Rights Act of 1964,” 28 C_PLR. § 50.3, and (c) Other applicable
Federal guidance that may be issued,

2. Equal Employment Opportunity. (1) Federal Requirements and Guidance. The Reeipient
agrees to, and assures that each Third Parly Participant will, prohibit discrimination on the basis
of race, color, religion, sex, or national origin, and: (a) Conyply with Title VII of the Civil Rights
Act of 1964, as amended, 42 U.S.C. § 2000c ct seq.. (b) Facilitate compliance with Executive
Order No. 11246, “Equal Employment Opportunity,” as amended by Executive Order No.
11375, “Amending Executive Order No. | 1246, Relating to Equal Employment Opportunity,” 42
U.S.C. § 2000e note, (¢) 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 Fedcral 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: | 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: | 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 cach Third Party Participant, with:
(a) U.S. DOL regulations, “Office of Federal Contract Compliance Programs, Fiqual
Employment Opportunity, Department of Labor,” 41 C.F.R. chapter 60, and (b) Executive Order
No. 11246, “Equal Employment Opportunity.” as amended by Exccutive Order No, 11375,
“Amending Executive Order No. 11246, Relating to Equal Employment Opportunity,” 42 U.S.C.

§ 2000c 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 concems 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. § LOL 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 (¢) Federal transit law, specifically 49 U.S.C. § 5332, as stated
in section a, (2) Assurance. As required by 49 C.E.R. § 26.13(a), the Recipient provides
assurance that: The Recipient shal] 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.ELR. 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.FLR.
part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. § 100]
and/or the Program Fraud Civil Remedies Act o F 1986, 31 U.S.C. § 3801 ct 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 LX 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 CLF.R. part 1625, which implements the ADEA, (3) The
Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6J01 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, speci fically 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. 8 {2101 ef 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 seg., 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
diserimination, and (¢) 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 CLF. part
37, (b) U.S. DOT regulations, “Nondiscriminuation on the Basis of Disability in Programs and
Activities Receiving or Bencfiting from Federal Financial Assistance,” 49 CPLR. part 27, US.
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 CLF.R. part 38, (e) U.S.
DOJ regulations, “Nondiserimination on the Basis of Disability in State and Local Governnient
Services,” 28 C.F.R. part 35, (f) U.S. DOS repulations, “Nondiscrimination on the Basis of
Disability by Public Accommodations and in Commercial Facilities,” 28 C.F.R. part 36, (2) US.
EEOC, “Regulations to Implement the Equal Employment Provisions of the Americans with
Disabilities Act.” 29 C.F.R. part 1630, (hh) U.S. Federal Communications Commission
regulations, “Telecommunications Relay Services and Related Customer Promises Equipment
for Persons with Disabilities,” 47 CER. part 64, Subpart F, (i) U.S. ATBCB regulations,
“Electronic and Information Technology Accessibility Standards.” 36 C.F.R. part 1194, and (i)
FTA regulations, “Transportation for Elderly and Handicapped Persons,” 49 C.F.R. part 609, and
(3) Other applicable Federal civil rights and nondiscrimination guidance,

aT Drug or Alcohol Abuse - Confidentiality and Other Civil Rights Protections. The
Recipient agrees to comply with the confidentiality and civil rights protections of: (1) The Drug
Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. § L101 et seq., (2) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of
1970, as amended, 42 U.S.C’. § 4541 et seq.. and (3) The Public Health Service Act, us amended,
42 U.S.C. §§ 290dd — 290dd-2,

8. Access to Services for People with Limited English Proficiency. Except as the Federal
Government determines otherwise in writing, the Recipient agrees to promote accessibility of
public transportation services to people whose understanding of English is limited by following:
1) Executive Order No. 13166, “Improving Access to Services for Persons with Limited English
Proficiency,” August 11, 2000, 42 U.S.C. § 2000d-1 noie, and (2) U.S. DOT Notice, “DOT
Policy Guidance Concerning Recipients’ Responsibilities to Limited English Proficiency (LEP)
Persons,” 70 Fed. Reg. 74087. December 14, 2005,

9. Environmental Justice. Except as the Federal Government determines otherwise in
writing, the Recipient agrees to promote environmental justice by following: (1) Executive Order
No. 12898, “Federal Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations,” February 1]. 1994, 42 U.S.C, § 4321 note, as well as facilitating
compliance with that Executive Order, and (2) DOT Order 56 10.2, “Department of