R2009-79 ACCEPTING PROPOSAL FIRST TRANSIT, INC.

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11.0 CLEAN WATER I' The Contractor agrees to comply with all applicable standards, orders of regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. §1251 et s� The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Transit Administration and the appropriate Environmental Protection Agency Regional Office. 12.0 CLEAN AIR The Contractor agrees to comply with all applicable standards, orders of regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §7401 et se�c. The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Transit Administration and the appropriate Environmental Protection Agency Regional Office. 13.0 ENERGY CONSERVATION The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance ' with the Energy Policy and Conservation Act. 14.0 CHARTER BUS REQUIREMENTS The Contractor agrees to comply with 49 U.S.C. 5323(d) and 49 CFR Part 604, which provides that recipients and subrecipients of FTA assistance are prohibited from 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(fl 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 27