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AGREEMENT NO. C-1-3099 <br />EXHIBIT B <br />ARTICLE 10. TRANSPORTATION OF EQUIPMENT, MATERIALS OR COMMODITIES BY <br />OCEAN VESSEL <br />A. CITY shall utilize privately owned United States-flag commercial vessels to ship at <br />least 50% of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners and <br />tankers) involved, whenever shipping any equipment, materials or commodities pursuant to this <br />section, to the extent such vessels are available at fair and reasonable rates for United States- <br />flag commercial vessels. <br />B. CITY 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 <br />date of loading for shipping originating outside the United States, a legible copy of a rated, "on- <br />board" commercial ocean bill-of lading in English for each shipment of cargo described in <br />paragraph A of this Article to AUTHORITY (through the prime CITY in the case of subcontractor <br />bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime <br />Administration, Washington, DC 20590, marked with appropriate identification of the project. <br />ARTICLE 11. PROHIBITED INTERESTS <br />A. CITY 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 <br />any interest, direct 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 <br />interest, direct or indirect, in this Agreement or to the benefits thereof. <br />ARTICLE 12. NOT USED THIS AGREEMENT <br />ARTICLE 13. PRIVACY ACT <br />CITY shall comply with, and assures the compliance of its employees with, the <br />information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. <br />§552a. Among other things, CITY agrees to obtain the express consent of the Federal <br />Government before the CITY or its employees operate a system of records on behalf of the <br />Federal Government. CITY understands that the requirements of the Privacy Act, including the <br />civil and criminal penalties for violation of that Act, apply to those individuals involved, and that <br />failure to comply with the terms of the Privacy Act may result in termination of the underlying <br />Agreement. <br />ARTICLE 14. CONFLICT OF INTEREST <br />CITY agrees to avoid organizational conflicts of interest. An organizational conflict of <br />interest means that due to other activities, relationships or contracts, the CITY is unable, or <br />potentially unable to render impartial assistance or advice to the Authority; CITY's objectivity <br />in performing the work identified in the Scope of Work is or might be otherwise impaired; or <br />the CITY has an unfair competitive advantage. CITY is obligated to fully disclose to the <br />AUTHORITY in writing Conflict of Interest issues as soon as they are known to the CITY. <br />CITY is obligated to fully disclose to the AUTHORITY in writing Conflict of Interest issues as <br />soon as they are known to the CITY. All disclosures must be submitted in writing to <br />Orange County Transportation Authority 9 <br />Revised: 0511012010