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AGREEMENT NO. C-2-1640 <br />EXHIBIT F <br />recipients and sub -recipient of Federal funds and their contractors are required to use U.S. Flag <br />air carriers for U.S. Government -financed international air travel and transportation of their <br />personal effects or property, to the extent such service is available, unless travel by foreign air <br />carrier is a matter of necessity, as defined by the Fly America Act. CITY shall submit, if a foreign <br />air carrier was used, an appropriate certification or memorandum adequately explaining why <br />service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air <br />carrier and shall, in any event, provide a certificate of compliance with the Fly America <br />requirements. CONTRACTOR agrees to include the requirements of this section in all <br />subcontracts that may involve international air transportation. <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 fumish 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 CITY's prime CONTRACTOR in the case <br />of subcontractor bills -of -lading) and to the Division of National Cargo, Office of Market <br />Development, Maritime Administration, Washington, DC 20590, marked with appropriate <br />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 />B. Failure to comply with this Article may result in nonpayment or termination of this <br />Agreement. <br />ARTICLE 12. 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 />Orange County Transportation Authority 9 <br />Revised. 10/2512010 <br />