Transit- Meeting Agenda (12/18/1997)

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MA(2) dated October, 1995) between DISTRICT and FTA, as they may be amended or promulgated from time to time during the term of this contract. CONTRACTOR's failure to so comply shall constitute a material breach of this contract. 5.9 Drug and Alcohol Testing The CONTRACTOR agrees to establish and implement a drug and alcohol policy and testing program that complies with 49 CFR Parts 653 and 654, produce any documentation necessary to establish its compliance with Parts 653 and 654, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of Oregon, and the DISTRICT, to review and inspect the testing places, facilities, and records associated with the implementation of the drug and alcohol testing program which is required under 49 CFR 653 and 654. The CONTW,~TOR agrees to certify annually its compliance with Parts 653 and 654 before December 31 of each year and submit the Management Information System (MIS) reports before February 15 each year to the Planning and Marketing Manager of the DISTRICT. To certify compliance the CONTRACTOR shall use the "Substance Abuse Certifications" from the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreement," which is published annually in the Federal Register. 5.10 Access Requirements for Individuals with Disabilities CONTRACTOR agrees to comply with, and assure that any subcontractor complies with all applicable requirements of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 et s~; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, Section 16 of the Federal Transit Act, as amended, 49 U.S.C. app. § 1612; and the following regulations and any amendments thereto: a. U.S. DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 C.F.R. Part 37; b. U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in Program Activities: Receiving or Benefiting from Federal Financial Assistance," 49 C.F.R. Part 27; c. U.S. DOT regulations, "Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 49 C.F.R. Part 35; d. Department of Justice (DOJ) regulations, "Nondiscrimination on the Basis of Disability in State and Local Govemment Senrices," 28 C.F.R. Part 35; e. DOJ regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 C.F.R. Part 36; General Services Administration regulations, "Accommodations for the Physically Handicapped,' 41 C.F.R. Subpart 101-19; g. Equal Employment Opportunity Commission, "Rcgulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630; CHERRYLIFT CONTRACT 118 AGREEMENT #1296. LIFT