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CITY OF SANTA ANA _ .. <br />RFP NO.: 16425 <br />OC STREETCAR DESIGN REVIEW SUPPORT <br />Consultant shall submit, if a foreign air carrier was used, an appropriate certification or memorandum <br />adequately explaining why service by a u.s. flag air carrier was not available or why it was necessary to use a <br />foreign air carrier and shall, in any event, provide a certificate of compliance with the fly america requirements. <br />Consultant agrees to include the requirements of this section in all subcontracts that may involve international <br />air transportation. <br />Article 10, Transportation of equipment, materials or commodities by ocean vessel <br />A. Consultant shall utilize privately owned united states -flag commercial vessels to ship at least <br />50% of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners and tankers) involved, <br />whenever shipping any equipment, materials or commodities pursuant to this section, to the extent such <br />vessels are available at fair and reasonable rates for united states -flag commercial vessels. <br />B. Consultant shall furnish within twenty (20) working days following the date of loading for <br />shipments originating within the united states, or within thirty (30) working days following the date of loading for <br />shipping originating outside the united states, a legible copy of a rated, "on -board" commercial ocean bill -of <br />lading in english for each shipment of cargo described in paragraph 0 of this article to authority (through <br />consultant In the case of subcontractor bllls-of-lading) and to the division of national cargo, office of market <br />development, maritime administration, washington, do 20590, marked with appropriate identification of the <br />project. <br />Article 11. Prohibited interests <br />A. Consultant covenants that, for the term of this agreement, no director, member, officer or <br />employee of authority during his/her tenure in office or for one (1) year thereafter, shall have any interest, direct <br />or indirect, in this agreement or the proceeds thereof. <br />B. No member of or delegate to, the congress of the united states shall have any interest, direct or <br />indirect, in this agreement or to the benefits thereof. <br />Article 12. Alcohol and drug policy <br />A. Consultant agrees to establish and implement an alcohol and drug program that complies with 41 <br />u.s.c sections 701-7._07, (the drug free workplace act of 1988),which is attached to this agreement as exhibit b, <br />and produce any documentation necessary to establish its compliance with sections 701-707. <br />B. Failure to comply with this article may result in nonpayment or termination of this agreement. <br />Article 13, Privacy act <br />Consultant shall comply with, and assures the compliance of its employees with, the information <br />restrictions and other applicable requirements of the privacy act of 1974, 5 u.s.c. §552a. Among other things, <br />consultant agrees to obtain the express consent of the federal government before consultant or its employees <br />operate a system of records on behalf of the federal government. Consultant understands that the <br />requirements of the privacy act, including the civil and criminal penalties for violation of that act, apply to those <br />individuals involved, and that failure to comply with the terms of the privacy act may result in termination of the <br />