policy. The Contractor shall also comply with all applicable requirements of Sec. 504 of the Rehabilitation
Act (1973), as amended, 29 USC 794, which prohibits discrimination on the basis of handicaps, and the
Americans with Disabilities Act of 1990 (ADA), as amended, 42 USC 12101 et seq., which requires that
accessible facilities and services be made available to persons with disabilities, including any regulations
and subsequent amendments.
d. Inclusion
The Contractor agrees to include the requirements of subsections (a) — (c) in each subcontract financed in
whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected
parties.
e. Disadvantaged Business Enterprise (DBE)
This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation
by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.
The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. Nashua Transit's
overall goal for DBE participation is 2.0%. A separate contract goal has not been established for this
procurement.
The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance
of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and
administration of this DOT-assisted contract. Failure by the Contractor to carry out these requirements is a
material breach of this contract, which may result in the termination of this contract or such other remedy,
as the City deems appropriate. Each subcontract the Contractor signs with a subcontractor must include
the assurance in this paragraph (see 49 CFR 26.13(b)).
The Contractor will be required to report its DBE participation obtained through race-neutral means
throughout the period of performance.
The Contractor is required to pay its subcontractors performing work related to this contract for satisfactory
performance of that work no later than 30 days after the Contractor's receipt of payment for that work from
the City.
The Contractor must promptly notify the City whenever a DBE subcontractor performing work related to this
contract is terminated or fails to complete its work, and must make good faith efforts to engage another
DBE subcontractor to perform at least the same amount of work. The Contractor may not terminate any
DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written
consent of the City.
Failure of the Contractor to comply with this section or to include it in any subcontract of any tier will
constitute a breach of contract and, after notification to the DOT, may result in termination of the Contract
by the City or such remedy as the City deems appropriate.
