TRANSIT CONTRACTING AGREEMENT
BETWEEN
THE CITY OF NASHUA
AND
FIRST TRANSIT
JULY 1, 2019 — JUNE 30, 2024
eNO aA FON >
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Contractor Service ........ceecceccecsceeescecseessescaeessuserscseccseecseecsseessesessvesscueestecsusseresuseesecsauvensevsusessstsntteress 1
COMMENCEMENT ANC TOL... .cecececcceecccesscessessetenseenuecssesseecaecssecesnseuesuessessesaecenesrasesescaseesueeeenecvereearees 1
SCOPE Of SEPViCSS ..... ce cecscccssccsssecesesecccseecsseeeesaeeceueecesecesaenseeeecsuecueauscauevesseseasevsunseessssssaseuersnescanessreres 1
Scope of Services of General Manager/Transit Clerk .......0..c0ccccccccscesscsscesecseecsesessvessesssessasecatevsseensvaars 2
COMPENSATION 02... ceeeecccecessseesecesseessecssecessecsecessecceeeanecanecasesusecsnsestecsesuessasseuecsuvsassversecssesenspensuaevenseacss 3
Uniforms/ApPe@arance ........eccecccececcesseeeseesseceeeeneeseeseesseeseesseseusaasssesascaecsecsasssasarenssusesauverecsueveeterterenavass 4
EMployer Status .......eccecceccececcceseeceesseeseeceeseeeesesseeceeeseeaeecsteseesaesuecaecseesecssesaneeusessesesauscrevsussessrsnenvervenseaed 4
Labor Provisions ..........cccccccccccccceseceseceeeeesseceeeesses sau caaecseesseecssessaseesesesecaeceassestecsuseratseeseuuevessversesserstarees 5
Transit Employee Protective Provisions ...........:cccccesccccesssssssseecssescesecsecsseesscsecsasesscaneneseatcosseseeereessenseareas 5
Drug and AICONO! POLICY... eee eesecesceeseescessseeeseecssccseceseceseecssessesessecarcceutearevineseaestesensevsieteiesensssness 6
PLIVACY oe. eeeeceesesecseecceecceeceeeceeeeeeesseecasessseseeessaecseecssecssecsseecarecsesseessassatssenstesssesasessvensvvsneecsseveneenstertens 6
Non-DIisScrimination .........ceeececesecceeceeeceseeceeetsseventesauseseessecssecseccseseresusecsuecsasecarsestecseecsasecrevsieverssees 6
Materials. Equipment and Facilities ............cccccccccssccsccssecesecsseeeesecsesseessaesarcerseesseceussasessaneeeseverevetanees 8
Control Of Service ooo... ee cecceccccscesceneteeeesececessecsecaeecneenseusessaeseaceucsecsaseeesaeveucerueaesaescrseauesesterevsesarennearss 8
Routing, Service and Fare ...........cccccccccssseeecsesseeeseceneeuccsasccecensesecanevevenueessnuteeestunstesesauineseccutesecsats 8
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Employer Fidelity Bond ..........ccceccccsceeecceseeceseeeceteneseneeenucsuecseecaescasesaseasessaeceascensccauecareseanecauecueensearees 9
IMSUPANCE occ ceeccecee cece cecceeeeesecessaaeesueesaeecsuseecsueeccssecssasecsssasuutesuarsesueseaesecseuevntscsasessucsesanesusnevsess 9
Waivers Of Subrogation, «22.0... cccccccccccsscccssseeessecesseecessesssaeecsneesnsrecseesessecusanevensueussesenseesensuvevsneveseress 10
HACE NUFICATION eee ceceecceecececsceesaeesaeesuesaescsscesscesaeccaeesecegesestceassesecueseussaussesuseauccasvsessseateceseatevats 10
Environmental Resource Conservation and Energy Requirement ..........0...ccccccccssecesseereserenseees 10
FOrCE Majeure... eee ccc ecceeceeteeereeveeeeeeseeeecaeecaeesaeeseeeeseesanessascaeessecsseesseesseccatecreserteentecsrersinents 11
Interest of Members of or Delegates to CONGreSS .......ccccccesssscseseseesesesessecevaveveececevevsvevsssesecevecanees 11
Federal Participation. Laws. Regulations. and ASSIStance...........ccccccccccscssecssessensseessessesstesetsetaneate 11
No Government ObIgation «2.2.0... ccccccscecssccssccsseceseceseccseecsuecsuevstseseseseessreceuatsutassuasseestsneevsausaeeranesss 12
Program Fraud and False or Fraudulent Statements or Related Acts. ......0..0ccccescesceseesseeees 12
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Continuing Effect oo... eee cceccscecsceceeeceeeeseecseeesseesseesecsseccseccseecansesessasesuucesssestecatesuevssessusevteseesaeess 13
SOVEPADIIY oe eee eee ceeceeeeeeeeeetaeeceecaecseesaeesecneeseeseeeaessu sss saucaecaecsaesecsessavcanvesscsseasesssvaseavenevaees 13
TOPMination oo. eececeeseeeeeeecsneeseeceeeeesecuseesseeevseesaascsaeeaeecaaecsesesuecsusssesseuesseeasseseneautverstenservevneraees 13
CAPtion........eccccceccecsscecsceesseeesssuececseeceseeecsuaescesecccsusesseescasseseaseseseuvesscusesescnsssvsssscaseusaseeuenaeeseurevsstersass 14
WAIVED 0... eeccecceeeecececcecaceessceeecacenesscecessecessesesessecessusessesesstesussesesseceeneusneescessesensesesseteaseseuseeecseeseretens 14
GOVErNING LAW... cece ceeceeeceeeecseeseeeceeecssevssesenevsseesseecseecsscesseseusesseessccanecerecsussussessevansssnsesesenevennees 14
Resolution of Disputes. Breaches and other Litigation ..........00.c. ccc ccccccesescessceeseessereeeceeeeeneeeesees 14
38. NOES ooo eee eeeceecececeeveeeceaneceeeeesneecaaeecaeeesseesaaesaeesesseesssaesesaeevessuecsuesecsaeeccsuesesseecsaessastesesesensee 15
39. Rights and REMECICS 00.2... cecececceeseeecceeeeceeeeeeseeeseeeeeauscssevsuscsaessasessecssaecessceeesseecseecseecsaeaaesseses 15
40. Incorporation Of FTA Terim.........ccccccccccccccsscececsneceeecseeeessceeeessseeeesecsaeececeaeeecesiseecesscasescsisesevenvases 15
APPENDIX A CERTIFICATION OF PRIMARY PARTICIPANT - DEBARMENT ..............cccccceesccesreeeeees 1
APPENDIX B CERTIFICATION OF RESTRICTIONS ON LOBBYING .........ccccccccccecccccscesseeeecseeesseenteess 2
APPENDIX C CITY OF NASHUA RESPONSIBILITIES 2... .cccccccccccssecesseeeeneeseesescsseeesseesseeeesenecssesenseees 3
APPENDIX D CONTRACTOR RESPONSIBILITIES .......c.cccccccsscccssceseseecsseeeceseeeesseessenesssteserseeetsesneneseness 4
TRANSIT CONTRACTING AGREEMENT
BETWEEN
THE CITY OF NASHUA NH
AND
FIRST TRANSIT
THIS AGREEMENT is made and entered into by and between the City of Nashua, (CITY) and FIRST
TRANSIT ("CONTRACTOR'") as of
WITNESSETH
WHEREAS, the CITY is desirous of obtaining a qualified transit contracting company for the operation
of the City of Nashua Fixed Route & Paratransit Services, (“FRPS”); and
WHEREAS, the CONTRACTOR is desirous of providing such operational services;
NOW, THEREFORE, in consideration of the foregoing recitals and covenants and agreements of each
of the parties herein set forth, the parties do agree as follows:
1. Contractor Services
The CITY does hereby engage and retain the CONTRACTOR to operate its FRPS, pursuant to this
Agreement and per the conditions set forth herein.
2. Commencement and Term
This Agreement shall become effective on July 1, 2019 and shall remain in effect until June 30, 2024
with the option to extend for up to three (3) years at one (1) year intervals. An option to extend will be
presumed exercised unless either party notifies the other in writing at least nine (9) months prior to the end
of the then-current contract year (July 1 — June 30) of its intent not to extend.
3. Scope of Services
The CONTRACTOR shall directly operate the FRPS.
The CONTRACTOR will ensure the delivery of the highest quality FRPS. Such service delivery shall
comply with all applicable local, state and federal ordinances, laws and regulations.
Delivery of quality operations/supervisory. service by CONTRACTOR shall include employment,
supervision, and management of at least the following positions: General Manager, Operations Safety
Manager, Transit Clerk to staff the Transit Center, and all dispatchers and operators.
The CONTRACTOR shail ensure that FRPS are not missed due to personnel deficiencies. Operations
management shall include, but not necessarily be limited to, adequate personnel to maintain quality
service, on-going training of bus operators and staff, and adequate supervisory staffing.
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STANDARD OF CARE.
CONTRACTOR shall be responsible for the quality, accuracy, timely completion, and coordination of
all work performed under this Agreement. CONTRACTOR warrants that all work shall be performed
with the degree of skill, care, diligence, and sound practices and judgment that are normally
exercised by recognized firms with respect to services of a similar nature. It shall be the duty of
CONTRACTOR to assure at its own expense that all work is technically sound and in conformance
with all applicable federal, state, and local laws, statutes, regulations, ordinances, orders, or other
requirements. Any approval by the CITY of any services furnished or used by CONTRACTOR shall
not in any way relieve CONTRACTOR of the responsibility for professional and technical accuracy and
adequacy of its work. CITY review, approval, or acceptance of, or payment for any of
CONTRACTOR'S work under this Agreement shall not operate as a waiver of any of the CITY'S
rights or causes of action under this Agreement, and CONTRACTOR shall be and remain liable in
accordance with the terms of the contract and applicable law.
4, Scope of Services of General Manaqger/Transit Clerk
In consideration of the compensation hereinafter provided for in this Agreement, CONTRACTOR does
hereby agree to furnish to the CITY all operational services reasonably required and necessary for the
efficient operation of the FRPS, pursuant to this Agreement and per the conditions set forth herein.
The CONTRACTOR shall employ and furnish a full-time qualified General Manager who shall be
responsible for the operation of the FRPS for CONTRACTOR and who will serve on-site at the Nashua
Transit Center. The General Manager will be approved by the CITY's Community Development Division
Director upon recommendation of the CITY’s Transportation Department Manager The General
Manager will be an employee of CONTRACTOR and CONTRACTOR'S fee will include the salary and
related expenses of the General Manager. The CITY’s Transportation Department Manager shall
review all services rendered by the General Manager.
The General Manager shall maintain operators' records pertinent to the FRPS. The General Manager
shall render and certify to the CITY’S Transportation Department Manager full and complete monthly
reports in a format agreed to by the CITY'S Transportation Department Manager. The CONTRACTOR,
through the General Manager, shall from time to time, or at the request of the CITY, make
recommendations to the CITY regarding the FRPS fare structure, service levels, route planning, service
modifications, extensions or retractions, organization, administration, personnel level and assignments,
major service improvements, and other matters related to transit operations and policies. The General
Manager will assist, prepare, and/or submit assorted Federal, State, or locally required documents,
including but not limited to, Triennial Review, TIP Capital plans, permits, audits, etc. Please see Appendix
C which outlines the CONTRACTOR'S and the CITY'S responsibilities. Notwithstanding the above,
CONTRACTOR shail not be responsible for filing on behalf of CITY any state, federal, local or regulatory
reports.
The CITY can withdraw approval of the General Manager at any time. The CONTRACTOR will have
ninety (90) days from the receipt of the notice of "Withdrawal of Approval" of the General Manager, to
furnish a qualified successor General Manager acceptable to the CITY. Failure of the CONTRACTOR
to provide a qualified replacement will constitute a default of the agreement under Paragraph 33.
The General Manager's position shall not remain vacant for more than fourteen (14) consecutive
calendar days. If necessary, the CONTRACTOR shall temporarily staff until permanent replacement is
found. A temporary individual shall meet all the minimum qualifications required of the permanent
position. As soon as possible, resumes and qualifications of all proposed candidates shall be
submitted for review, and the CITY shall have the opportunity to conduct interviews locally. All
expenses related to this process shall be the responsibility of the CONTRACTOR.
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The CONTRACTOR shall employ a Transit Clerk. The Transit Clerk shall be on site at the Transit
Center from 8:00 a.m. until 5:00 p.m. (with one hour for lunch) Monday through Friday. Transit Cierk
shall sell CITY bus passes and/or tickets, shall provide customer service to passengers at the Transit
Center and shall answer phones at the Transit Center to answer questions related to the bus
schedules or to take paratransit reservations.
The CONTRACTOR shail also employ during the terms of this Agreement various other personnel, as
reasonably required for the operation of the FRPS. The cost and compensation payable to all
personnel shall be the obligation of the CONTRACTOR as an operating expense of the FRPS.
CONTRACTOR shail be responsible for hiring and discharging personnel employed by CONTRACTOR
to perform its obligations hereunder; provided, however, that CITY shall have the right to request
CONTRACTOR to remove from service to the CITY any employee who, in CITY's sole discretion, is
deemed unsuitable for the performance of transportation services for CITY; and provided, further, that
CITY shail make such request in writing, state the reasons therefore, and that such request does not
violate applicable local, state and federal laws and regulations.
The General Manager and his or her staff shall conduct the day-to-day operations of the FRPS,
including but not limited to matters relating to labor relations, transportation, safety & security and road
supervision. The CITY shall provide an on-site office for the General an office for the Operations
Safety Manager at the Nashua Transit Administration building located at 11 Riverside Street.
The CITY will also provide a computer, office phone (long distance included), cell phone, office
furniture as well as any other items not listed for normal business use. The CITY will also supply all
office equipment associated with the dispatching functions of the operation. This will include radios,
Routematch software, GPS capabilities, phones, recording software and equipment not listed that is
related to dispatching functions.
5. Compensation
The CITY agrees to pay the CONTRACTOR compensation for services performed in accordance with
this Agreement as follows:
a. Contracting Fee
The CITY shail pay to CONTRACTOR as compensation for its services a monthly fee as follows:
Fixed Costs; Year 1 Year 2 Year 3 Year 4 Year 5
$517,848 $533,844 $547,992 $564,276 $580,452
Variable Costs; Year 1 Year 2 Year 3 Year 4 Year 5
$ 28.90/hr $30.85 /hr $ 32.29 /hr $ 33.69/hr $ 35.33/hr
The CITY will pay the fixed costs as listed above. The CITY will pay the CONTRACTOR a
variable cost only for hourly costs the CONTRACTOR incurs while operating the service. This
hourly cost shall include all costs associated with total vehicle miles as scheduled by the CITY.
The CITY will take primary responsibility for scheduling trips and will rely upon the contractor
to complete this task when necessary. The CITY will notify the CONTRACTOR of the service
that is needed. The CITY will be responsible for advising the CONTRACTOR 5 calendar ‘days
in advance so the CONTRACTOR can schedule its operators accordingly.
In the event of service expansion, the CITY and the CONTRACTOR will both agree on the
hourly rate listed above per applicable year, the total vehicle miles and all other costs
associated with new route(s).
b. Inthe event the CITY, in its sole discretion, declares an emergency need for transit services, the
CITY will pay the CONTRACTOR ai a rate of one-and-a-half times (1.5 x) the hourly cost the
CONTRACTOR incurs while operating the service for the emergency. The hourly costs will be
calculated as an accumulation of ail hours, for all employees required to work, during the duration
of emergency operations outside of regularly scheduled Nashua Transit System hours of
operations.
c. Automobile Mileage Reimbursement - General Manager
The CITY will not reimburse the General Manager for use of his/her automobile unless such
use is specifically requested and required by the CITY outside of the CITY'S service area. The
CITY will not have a vehicle available for the General Manager's personal use. In the rare
exception that the General Manager is reimbursed for personal vehicle use, that rate will not
exceed the current mileage reimbursement rate permitted by the US Internal Revenue Service.
6. Uniforms/Appearance
It will be the responsibility of the CONTRACTOR to provide uniforms for all employees working in the
FRPS. The CITY will provide the design the necessary patch if needed to be attached to certain shirts
and jackets. The uniforms that will be acceptable for all CONTRACTOR employees working in the
FRPS will consist of the following;
o Bluework pants
White button up shirt (or other color as required by the CITY); displaying NTS logo on left chest,
American flag on left shoulder
Blue fleece jacket with logo patch
Blue Winter style jacket with logo patch
Black boots or shoes
October through March, shirts must be buttoned to the top or blue ties must be worn.
April through September blue work shorts may be worn.
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The General Manager, Supervisors, and Dispatch Staff must wear professional business attire
appropriate for an office environment.
With the uniform language above, the CITY expects the following conditions in-regards to the
appearance of all of the employees;
o All employees must wear uniforms that are clean, pressed and well fitting. Uniforms with any
signs of staining, fading, fraying and thinning of fabric must be replaced immediately at the
expense of the CONTRACTOR.
o Employees are prohibited from displaying visible tattoos, earring gages, scarifications or
brands that are excessive. Excessive is defined as any tattoos, scarifications or brands that
exceed 25% of any visible body part. Tattoos, scarifications and brands are considered visible
if they can be seen while the employee is wearing a short sleeve shirt or shorts. Employees are
prohibited from displaying any tattoo, scarification or branding above the collar line.
7. Employer Status
The CONTRACTOR is the employer for all employees necessary for the efficient and economical
operation of the FRPS and to meet CONTRACTOR'S obligations hereunder and shall assume all labor
and other employee contractual obligations directly related to the operation of the transit service and
CONTRACTOR'S obligations hereunder. The CONTRACTOR shall negotiate all collective bargaining
agreements. The CITY shall be consulted and advised on the collective bargaining agreement. Any
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performance of work terminated, abandoned, or suspended under the notice, assign to
the City of Nashua any orders or sub contracts specified in the notice, and revoke
agreements specified in the notice.
5. Not resume work after the effective date of a notice of termination unless and until receipt
of a written notice from the City of Nashua to resume performance.
In the event of a termination for cause, Professional Engineer shall receive all amounts due and not
previously paid to Professional Engineer for work satisfactorily completed in accordance with the
contract prior to the date of the notice, less all previous payments. No amount shall be allowed or
paid for anticipated profit on unperformed services or other unperformed work. Any such payment
may be adjusted to the extent of any additional costs occasioned to the City ofi Nashua by reasons
of Professional Engineer's failure. Professional Engineer shall not be relieved of liability to the City
of Nashua for damages sustained from the failure, and the City of Nashua may withhold any
payment to the Professional Engineer until such time as the exact amount of damages due to the
City of Nashua is determined. All claims for payment by the Professional Engineer must be
submitted to the City of Nashua within 30 days of the effective date of the notice of termination.
If after termination for the failure of Professional Engineer to adhere to any of the terms and
conditions of the contract or for failure to satisfactorily, in the sole opinion of the City of Nashua,
to complete or make sufficient progress on the work in a timely and professional manner, it is
determined that Professional Engineer had not so failed, the termination shall be deemed to have
been a termination at will. In that event, the City of Nashua shall, if necessary, make an adjustment
in the compensation paid to Professional Engineer such that Professional Engineer receives total
compensation in the same amount as it would have received in the event of a termination-at-will.
C. GENERAL PROVISIONS FOR TERMINATION Upon termination of the contract, the City of
Nashua may take over the work and prosecute it to completion by agreement with another party or
otherwise. In the event Professional Engineer shall cease conducting business, the City of Nashua
shall have the right to solicit applications for employment from any employee of the Professional
Engineer assigned to the performance of the contract.
Neither party shall be considered in default of the performance of its obligations hereunder to the
extent that performance of such obligations is prevented or delayed by any cause, existing or future,
which is beyond the reasonable control of such party. Delays arising from the actions or inactions
of one or more of Professional Engineer's principals, officers, employees, agents, subcontractors,
consultants, vendors, or suppliers are expressly recognized to be within Professional Engineer's
control.
DISPUTE RESOLLTION The parties shall attempt to resolve any dispute related to this contract as
follows. Either party shall provide to the other party, in writing and with full documentation to
verify and substantiate its decision, its stated position concerning the dispute. No dispute shall be
considered submitted and no dispute shall be valid under this provision unless and until the
submitting party has delivered the written statement of its position and full documentation to the
other party. The parties shall then attempt to resolve the dispute through good faith efforts and
negotiation between the City of Nashua Representative and a Professional Engineer Representative.
At all times, Professional Engineer shall carry on the work under this contract and maintain and
complete work in accordance with the requirements of the contract or determination or direction of
the City of Nashua. If the parties are unable to resolve their dispute as described above within 30
days, the parties’ reserve the right to pursue any available legal and/or equitable remedies for any
breaches of this contract except as that right may be limited by the terms of this contract.
NO DAMAGES FOR DELAY Apart from a written extension of time, no payment, compensation, or
adjustment of any kind shall be made to Professional Engineer for damages because of hindrances
or delays in the progress of the work from any cause, and Professional Engineer agrees to accept
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amendments, modifications, changes, extensions, or renewals of collective bargaining agreements or
other employee agreements as may be hereafter entered into by the CONTRACTOR and/or the
General Manager shall be communicated to the CITY in writing within seven (7) days.
The parties agree that CONTRACTOR shall have the status of and shall perform all work under this
contract as an independent contractor, maintaining control over all its employees, consultants, sub
consultants, contractors, or subcontractors. The only contractual relationship created by this contract is
between the CITY and CONTRACTOR, and nothing in this contract shall create any contractual
relationship between the CITY and CONTRACTOR'S employees, consultants, sub consultants,
contractors, or subconiractors. The parties also agree that CONTRACTOR is not a CITY employee.
8. Labor Provisions
The requirements contained in 29 C.F.R. § 5.5 (b) are applicable to any contract subject to the
overtime provisions of the Contract Work Hours and Safety Standards Act and notto any of the other
statutes cited in29C.F.R.§5.1. The CONTRACTOR shall maintain payrolls and basic payroll records
during the course of the work and shall preserve them for a period of three years from the completion of
the contract for all personnel working on the contract. Such records shall contain the name and address
of each such employee, social security number, correct classifications, hourly rates of wages paid, daily
and weekly number of hours worked, deductions made, and actual wages paid. The records to be
maintained under this clause shall be made available by the CONTRACTOR for inspection, copying, or
transcription by authorized representatives of the FTA, the U.S. D.O.T., the Department of Labor or the
CITY, and the CONTRACTOR will permit such representatives to interview employees during working
hours on the job.
9. Transit Employee Protective Provisions
The CONTRACTOR agrees to comply with applicable transit employee protective requirements as
follows:
(a) The CONTRACTOR agrees to carry out the transit operations work required or incidental to
performance under this Agreement in compliance with terms and conditions determined by the
U.S. Secretary of Labor to be fair and equitable to protect the interests of employees employed
under this Agreement and to meet the employee protective requirements of 49 U.S.C. A
5333(b), and U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These
terms and conditions are identified in the letter of certification from the U.S. DOL to FTA
applicable to the FTA Recipient's project from which Federal assistance is provided to support
work on this Agreement. The CONTRACTOR agrees to carry out that work in compliance with
the conditions stated in that U.S. DOL letter. The requirements of this subsection (a), however,
do not apply to any contract financed with Federal assistance provided by FTA either for
projects for elderly individuals and individuals with disabilities authorized by 49 U.S.C.§
5310(a)(2), or for projects for nonurbanized areas authorized by 49 U.S.C.§ 5311. Alternate
provisions for those projects are set forth in subsections (b) and (c) of this section.
(b) If the services provided under this Agreement involve transit operations financed in whole or in
part with Federal assistance authorized by 49 U.S.C. § 5310(a)(2), and if the U.S. Secretary of
Transportation has determined or determines in the future that the employee protective
requirements of 49 U.S.C.§ 5333(b) are necessary or appropriate for the state and the public
body subrecipient for which work is performed, the CONTRACTOR agrees to carry out the work
in compliance with the terms and conditions determined by the U.S. Secretary of Labor to meet
the requirements of 49 U.S.C. §5333(b), U.S. DOL guidelines at 29 C.F.R. Part 215, and any
amendments thereto. These terms and conditions are identified in the U.S. DOL's letter of
certification to FTA, the date of which is set forth in the Grant Agreement or Cooperative
Agreement with the state. The CONTRACTOR agrees to perform transit operations in
connection with the underlying contract in compliance with the conditions stated in that U.S.
DOL letier. Copies of any DOL letter shall be given to the CITY.
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(c) The CONTRACTOR agrees to comply with the terms and conditions of the Special Warranty for
the Nonurbanized Area Program agreed to by the U.S. Secretaries of Transportation and Labor,
dated May 31, 1979, and the procedures implemented by U.S. DOL or any revision thereto.
(d) CONTRACTOR agrees to include the any applicable requirements of this section in each
subcontract involving transit operations financed in whole or in part with Federal assistance
provided by FTA.
10. Drug and Aicohol Policy
The CONTRACTOR agrees to establish and implement a drug and alcohol testing program that
complies with 49 CFR Part 655, produce any documentation necessary to establish its compliance with
Parts 655, and permit any authorized representative of the United States Department of Transportation
or its operating administrations, to inspect the facilities and records associated with the implementation
of the drug and alcohol testing program as required under 49 CFR Part 655 and review the testing
process. The CONTRACTOR agrees further to certify annually its compliance with Part 655. To certify
compliance, the CITY shall use the "Substance Abuse Certifications” in the “Annual List of Certifications
and Assurances for Federal Transit Administration Grants and Cooperative Agreements,” which is
published annually in the Federal Register.
The CONTRACTOR must work jointly with the CITY to submit annual Drug and Alcohol MIS reports to
the Federal Transit Administration.
11. Privacy
(a) The CONTRACTOR agrees to comply with, and assures the compliance of its employees with,
the information restrictions and other applicable requirements of the Privacy Act of 1974, 5
U.S.C.§ 552a. Among other things, the CONTRACTOR agrees to obtain the express consent
of the Federal Government before the CONTRACTOR or its employees operate a system of
records on behalf of the Federal Government. The CONTRACTOR understands that the
requirements of the Privacy Act, inciuding the civil and criminal penalties for violation of that
Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy
Act may result in termination of the underlying contract.
(b) The CONTRACTOR also agrees to include these requirements in each subcontract to
administer any system of records on behalf of the Federal Government financed in whole or in
part with Federal assistance provided by FTA.
12. Non-Discrimination
{a) Title VI of the Civil Rights Act of 1964
The CONTRACTOR agrees to comply with all requirements of Title VI of the Civil Rights Act of
1964, 42 U.S.C. § 2000d section 303 of the Age Discrimination Act of 1975, 42 U.S.C.
§6102, section 202 of the Americans with Disabilities Act of 1990, § 12132, and Federal transit law
at 49 U.S.C. § 5332, allas amended as well as USDOT regulations, "Nondiscrimination in
Federally-Assisted Programs of the Department of Transportation”, 49 CFR Part 21. In
addition, the CONTRACTOR agrees to comply with applicable Federal implementing regulations
and other implementing requirements FTA may issue.
(b) Equal Employment Opportunity
The CONTRACTOR will not discriminate against any employee or applicant for employment
because of race, color, creed, sex, disability, age, or national origin. The CONTRACTOR
agrees to take affirmative action to ensure that applicants are employed, and that employees
