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employees. In addition, Contractor agrees to comply with any implementing requirements FTA may
<br />issue.
<br />c. Disabilities. In accordance with Section 102 of the Americans with Disabilities Act of 1990, as amended
<br />(ADA), 42 U.S.C. Sections 12101 et seq., prohibits discrimination against qualified individuals with
<br />disabilities in programs, activities, and services, and imposes specific requirements on public and private
<br />entities. Contractor agrees that it will comply with the requirements of the Equal Employment
<br />Opportunity Commission (EEOC), "Regulations to Implement the Equal Employment Provisions of the
<br />Americans with Disabilities Act," 29 CFR, Part 1630, pertaining to employment of persons with
<br />disabilities and with their responsibilities under Titles I through V of the ADA in employment, public
<br />services, public accommodations, telecommunications, and other provisions.
<br />d. Segregated Facilities. Contractor certifies that their company does not and will not maintain or provide
<br />for their employees any segregated facilities at any of their establishments, and that they do not and will
<br />not permit their employees to perform their services at any location under the Contractor's control
<br />where segregated facilities are maintained. As used in this certification the term "segregated facilities"
<br />means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas,
<br />parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities
<br />provided for employees which are segregated by explicit directive or are in fact segregated on the basis
<br />of race, color, religion or national origin because of habit, local custom, or otherwise. Contractor agrees
<br />that a breach of this certification will be a violation of this Civil Rights clause.
<br />3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations,
<br />either by competitive bidding or negotiation, made by Contractor for work to be performed under a
<br />subcontract, including procurements of materials or leases of equipment, each potential subcontractor or
<br />supplier shall be notified by Contractor of Contractor's obligations under this Contract and the regulations
<br />relative to non-discrimination on the grounds of race, color, creed, sex, disability, age or national origin.
<br />4) Sanctions of Non -Compliance. In the event of Contractor's non-compliance with the non-discrimination
<br />provisions of this Contract, Public Agency shall impose such Contract sanctions as it or the FTA may
<br />determine to be appropriate, including, but not limited to: 1) Withholding of payments to Contractor under
<br />the Contract until Contractor complies, and/or; 2) Cancellation, termination or suspension of the Contract, in
<br />whole or in part.
<br />Contractor agrees to include the requirements of this clause in each subcontract financed in whole or in part with Federal
<br />assistance provided by FTA, modified only if necessary to identify the affected parties.
<br />DISADVANTAGED BUSINESS PARTICIPATION
<br />This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, "Participation by
<br />Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs", therefore, it is the
<br />policy of the Department of Transportation (DOT) to ensure that Disadvantaged Business Enterprises (DBEs), as defined in
<br />49 CFR Part 26, have an equal opportunity to receive and participate in the performance of DOT -assisted contracts.
<br />1) Non -Discrimination Assurances. Contractor or subcontractor shall not discriminate on the basis of race,
<br />color, national origin, or sex in the performance of this Contract. Contractor shall carry out all
<br />applicablerequirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure
<br />by Contractor to carry out these requirements is a material breach of this Contract, which may result in the
<br />termination of this Contract or other such remedy as public agency deems appropriate. Each subcontract
<br />Contractor signs with a subcontractor must include the assurance in this paragraph. (See 49 CFR 26.13(b)).
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