|
and regulations, except to the extent the Federal Government determines otherwise in writing.
<br />(6) Access to Services for Persons with Limited English Proficiency. The Contractor agrees to
<br />comply with Executive Order No. 13166,"Improving Access to Services for Persons with Limited
<br />English Proficiency," 42 U.S.C. § 2000d-1 note, and U.S. DOT Notice, "DOT Policy Guidance
<br />Concerning Recipients' Responsibilities to Limited English Proficiency (LEP) Persons," 70 Fed. Reg,
<br />74087, December 14, 2005, except to the extent that the Federal Government determines otherwise in
<br />writing.
<br />(7) Environmental Justice. The Contractor agrees to comply with the policies of Executive Order No.
<br />12898, "Federal Actions to Address Environmental Justice in Minority Populations and Low -Income
<br />Populations," 42 U.S.C. § 4321 note; and DOT Order 5610.2, "Department of Transportation Actions To
<br />Address Environmental Justice in Minority Populations and Low -Income Populations," 62 Fed. Reg. 18377
<br />et seq., April 15, 1997, except to the extent that the Federal Government determines otherwise in
<br />writing; and FTA Circular 4703.1, "Environmental Justice Policy Guidance for Federal Transit
<br />Administration Recipients,", August 15, 2012, to the extent consistent with applicable Federal laws,
<br />regulations, and guidance.
<br />(8) Drug or Alcohol Abuse -Confidentiality and Other Civil Rights Protections. To the extent
<br />applicable, the Contractor agrees to comply with the confidentiality and other civil rights protections of
<br />the Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. §§ 1101 at seq., with the
<br />Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970,
<br />as amended, 42 U.S.C. §§ 4541 et seq., and with the Public Health Service Act of 1912, as amended,
<br />42 U.S.C. §§ 290dd through 290dd-2, and any amendments thereto.
<br />(9) Other Nondiscrimination Laws. The Contractor agrees to comply with applicable provisions of
<br />other Federal laws and regulations, and follow applicable directives prohibiting discrimination, except to
<br />the extent that the Federal Government determines otherwise in writing.
<br />(10) The Contractor also agrees to include these requirements in each subcontract financed in whole
<br />or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected
<br />parties.
<br />8. Contracting with Disadvantaged Business Enterprises
<br />The newest version on the Department of Transportation's Disadvantaged Business Enterprise (DBE)
<br />program became effective October 1, 2004.
<br />a. This contract is subject to the requirements of U.S. DOT regulations, "Participation by
<br />Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs,"
<br />49 C.F.R. Part 26 [U.S. DOT published final rule, "Disadvantaged Business Enterprise: Program
<br />Improvements," 49 C.F.R. Part 26, on January 28, 2011 (see 76 Fed. Reg. 5083)], and Section
<br />1101(b) of MAP -21, 23 U.S.C. § 101 note, as amended by Section 451 of the Hiring Incentives to
<br />Restore Employment (HIRE) Act, Pub. L. 111-147, March 18, 2010, 23 U.S.C. § 101 note.
<br />The NC Department of Transportation/Public Transportation Division's overall goal for DBE
<br />participation is 8.6%.
<br />b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the
<br />performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26
<br />in the award and administration of this DOT -assisted contract. Failure by the contractor to carry out
<br />these requirements is a material breach of this contract, which may result in the termination of this
<br />0%
<br />Aftchmenl number 1 \n
<br />F-3 Page 150
<br />
|