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Federal Transit Administration Clauses <br />32 <br />46.ADA ACCESS <br />The Contractor shall comply with 49 USC 5301(d), stating Federal policy that the elderly and persons <br />with disabilities have the same rights as other persons to use mass transportation services and facilities <br />and that special efforts shall be made in planning and designing those services and facilities to <br />implement that policy. Contractor shall also comply with all applicable requirements of Sec. 504 of the <br />Rehabilitation Act (1973), as amended, 29 USC 794, which prohibits discrimination on the basis of <br />handicaps, and the Americans with Disabilities Act of 1990 (ADA), as amended, 42 USC 12101 et seq., <br />which requires that accessible facilities and services be made available to persons with disabilities, <br />including any subsequent amendments hereto. <br />The Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. Sections 12101 et seq., <br />prohibits discrimination against qualified individuals with disabilities in programs, activities, and <br />services, and imposes specific requirements on public and private public and private entities. Third party <br />contractors must comply with their responsibilities under Titles I thru V of the ADA in employment, <br />public services, public accommodations, telecommunications, and other provisions, many of which are <br />subject to regulations issued by other Federal agencies. The following clauses should be included for the <br />appropriate procurement action. <br />A.Rolling Stock Accessibility: Rolling stock must comply with the accessibility requirements of DOT <br />regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 CFR Part 37, and <br />Joint ATBCB/DOT regulations, “Americans with Disabilities (ADA) Accessibility Specifications for <br />Transportation Vehicles,” 36 CFR Part 1192 and 49 CFR Part 38. Vehicles acquired (with limited <br />exceptions) should be accessible to and usable by individuals with disabilities, including individuals <br />using wheelchairs; <br />B.Purchased Transportation Services Accessibility. A third party contractor providing public <br />transportation services must operate its services in compliance with 42 U.S.C. Sections 12101 et seq. <br />and DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” using facilities <br />and equipment that comply with 49 CFR Part 37; and Joint ATBCB/DOT regulations, “Americans with <br />Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,” 36 CFR Part 1192 and 49 <br />CFR Part 38. Private entities must comply with the requirements of 49 CFR Part 37 applicable to <br />public entities with which they contract to provide public transportation services. MART advises its <br />third party contractors operating public transportation services to review the requirements for <br />public entities in this context which include but are not limited to: <br />1.Complementary Paratransit Service. Requirements that public entities providing fixed-route <br />service provide complementary paratransit service to individuals with disabilities who cannot <br />use the fixed-route service. <br />2.Equal Opportunity. Requirements for compliance with service requirements intended to ensure <br />that individuals with disabilities are afforded equal opportunity to use transportation systems <br />and services <br />C.Design and Construction Accessibility. Facilities to be used in public transportation service must <br />comply with 42 U.S.C. Sections 12101 et seq. and DOT regulations, “Transportation Services for <br />Individuals with Disabilities (ADA),” 49 CFR Part 37; and Joint ATBCB/DOT regulations, “Americans <br />with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,” 36 CFR Part 1192 and <br />49 CFR Part 38. Notably, DOT incorporated by reference the ATBCB’s “Americans with Disabilities