R2014-52 ACCEPTING PROPOSAL OF MV TRANSPORTATION, INC. FOR TRANSIT SYSTEM MANAGEMENT

Home Browse Search

providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except under one of the exceptions at 49 CFR 604.9. Any charter service provided under one of the exceptions must be "incidental," i.e., it must not interfere with or detract from the provision of mass transportation. 15.0 SCHOOL BUS REQUIREMENTS Pursuant to 69 U.S.C. 5323(f) and 49 CFR Part 605, the Contractor agrees that it shall not engage in school bus operations exclusively for the transportation of students and school personnel in competition with private school bus operators unless qualified under specified exemptions. When operating exclusive school bus service under an allowable exemption, the Contractor agrees that it shall not use federally funded equipment, vehicles, or facilities. 16.0 DRUG AND ALCOHOL TESTING Except for maintenance subcontractors, anyone who performs a safety-sensitive function for the City, or for a contractor for the City, is required to comply with 49 CFR 653 and 654. The Contractor agrees to establish and implement a drug and alcohol 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 Illinois Department of Transportation, or the City, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Parts 653 and 654 and review the testing process. The Contractor agrees further to certify annually its compliance with Parts 653 and 654 before March 1 and to submit the Management Information System (MIS)reports before March 1 to the City. To certify compliance the Contractor 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. 17.0 TERMINATION All contracts in excess of$10,000 (with the exception of contracts with nonprofit organizations and institutions of higher education,) shall contain suitable provisions for termination by the contracting party including the manner by which it will be effected and the basis for settlement. In addition, such contracts shall describe conditions under which the Agreement may be terminated for default as well as conditions where the Agreement may be terminated because of circumstances beyond the control of the Contractor. 18.0 BREACHES AND DISPUTE RESOLUTION All contracts in excess of$100,000 shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach Agreement terms, and provide for such sanctions and penalties as may 26