Agenda

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.

(b) The Seller 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.

44. Contract Work Hours and Safety Standards Act.

Al. Buy America Requirements (Rolling Stock).

1. Seller shall comply with all applicable standards, orders or regulations
pursuant to Section 306 of the Clean Air Act, as amended, 42 U.S.C. § 7606, and other
requirements of the Clean Air Act, as amended, 42 U.S.C. §§ 7401 — 7671q. Seller shall
report each violation to the City and understands and agrees that the City will, in turn,
report each violation as required to FTA and the appropriate EPA Regional Office.

2. Seller shall include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with FTA assistance.

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.

whatsoever or to copy excerpts and transcriptions as reasonably needed.

(d) Access to the Sites of Performance. The Seller agrees to permit the City, the
FTA Administrator, the Comptroller General of the United States or any of their
authorized representatives and contractors access to the sites of performance under this
contract as reasonably may be required.

37. Civil Rights.

Fraud Civil Remedies,” 49 C.F.R. Part 31, apply to its actions pertaining to this Project.
Upon execution of the underlying contract, the Seller 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 the FTA assisted project for which this contract
work is being performed. In addition to other penalties that may be applicable, the Seller
further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent

matters in dispute are being resolved. If the parties are unable to resolve their dispute as
described above within 30 days, the parties’ reserve the right to pursue any available legal
and/or equitable remedies for any breaches of this contract except as that right may be
limited by the terms of this Contract.

26. Successors. This Contract shall inure to the benefit of and shall be
binding upon the parties to this Contract and their respective heirs, successors in interest,
and assigns. This Contract may only be assigned upon written approval and agreement of
the parties, which approval will not be unreasonably withheld. Any purported assignment
of this Contract without the prior written approval of all parties shall be null and void.

18. Modification. The Contract Documents shall not be modified in any
manner except by a writing signed by both City and Seller provided that the City at any
time by written order and without notice may make changes within the general scope of this
Contract. If any such changes cause an increase or decrease in the cost of or the time
required for performance hereunder, an equitable adjustment shall be made by written
modification to the Contract. Any claim by the Seller for adjustment under this clause