(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
