or national origin. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising,
layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The Seller shall insert the foregoing provision
(modified only to show the particular contractual relationship) in all its third party
contracts, except contracts for standard commercial supplies or raw materials and
construction contracts, and shall require all such third party contractors to insert a similar
provision in all subcontracts, except contracts for standard commercial supplies or raw
materials.
(c)Access Requirements for Individuals with Disabilities
The Seller shall comply with 49 USC 5301(d), stating Federal policy that the elderly
and persons with disabilities have the same rights as other persons to use mass
transportation services and facilities and that special efforts shall be made in planning and
designing those services and facilities to implement that policy. The Seller 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 Seller 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)
1. 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.
2. The Seller shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this contract. The Seller shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted
contract. Failure by the Seller 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 Seller signs with a subcontractor must
include the assurance in this paragraph (see 49 CFR 26.13(b)).
3. The Seller will be required to report its DBE participation obtained
through race-neutral means throughout the period of performance.
4. The Seller 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
Seller’s receipt of payment for that work from the City.
5. The Seller must promptly notify the City whenever a DBE subcontractor
performing work related to this contract is terminated or fails to complete its work, and
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