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<br />Document 00405
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<br />Restrictions, Prohibitions, Controls, and Labor Provisions:
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<br />1. Equal Employment Opportunity: In connection with the carrying out of any project, the Agency
<br />shall not discriminate against any employee or applicant because of race, age, creed, color, sex or
<br />national origin. The Agency will take affirmative action to ensure that applicants are employed, and that
<br />employees are treated during employment, without regard to their race, age, creed, color, sex, or
<br />national origin. Such action shall include, but not be limited to, the following: Employment upgrading,
<br />demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other
<br />forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the
<br />foregoing provision modified only to show the particular contractual relationship in all its contracts in
<br />connection with the development or operation of the project, except contracts for standard commercial
<br />supplies or raw materials, and shall require all such contractors to insert a similar provision in all
<br />subcontracts, except demolition, removal, site improvements, or similar work, the Agency shall post, in
<br />conspicuous places available to employees and applicants for employment for project work, notices to be
<br />provided by the Department setting forth the provisions of the nondiscrimination clause.
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<br />2. Title VI - Civil Rights Act of 1964: Execution of this Agreement constitutes a certification that
<br />the Agency will comply with all requirements imposed by Title VI of the Civil Rights Act of 1964 (42
<br />U .S.C. 2000d. et. Seq.), the Regulations of the Federal Department of Transportation issued thereunder,
<br />and the assurance by the Agency pursuant thereto.
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<br />3. Title VIII - Civil Rights Act of 1968: Execution of this Agreement constitutes a certification that
<br />the Agency will comply with all requirements imposed by the Title VIII of the Civil Rights Act of 1968,
<br />(42 U.S.C. 3601, et seq.), which among other things, prohibits discrimination in housing on the basis of
<br />race, color, national origin, creed, sex, and age.
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<br />4. American with Disabilities Act of 1990 (ADA): Execution of this Agreement constitutes a
<br />certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C.
<br />12102, et. Seq.), the regulations of the federal government issued thereunder, and the assurance by the
<br />Agency pursuant thereto.
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<br />5. Prohibited Interests: Neither the Agency nor contractors or their subcontractors shall enter into
<br />any contract, subcontract, or arrangement in connection with the project or any property included or
<br />planned to be included in the project, in which any member, officer, or employee of the Agency during
<br />his tenure or for two years thereafter has any interest, direct or indirect. If any such present or former
<br />member, officer, or employee involuntarily acquires or had acquired prior to beginning of his tenure any
<br />such interest, and if such interest is immediately disclosed to the Agency relating to such contract,
<br />subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the
<br />project or any property included in any project, and shall require its contractors to insert in each of their
<br />subcontractors to insert in each of their subcontracts, the following provisions:
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<br />"No member, officer, or employee of the Agency during his tenure or for two years thereafter
<br />shall have any interest, direct or indirect, in this contract or the proceeds thereof."
<br />The provisions of this subsection shall not be applicable to any agreement between the Agency and its
<br />fiscal depositories, or to any agreement for the utility services the rates for which are fixed or controlled
<br />by a Governmental agency.
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<br />6. Interest of Member of, or Delegated to, Congress: No member or delegate to the Congress of the
<br />United States shall be admitted to any share or part of the Agreement or any benefit arising there from.
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<br />09/09
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<br />00405-1
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<br />03-4122.F
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