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maximum feasible opportunity to participate in U.S. DOT assisted contracts. The Grantee DBE ' • <br /> program, if required by 49 CFR Part 23 and as approved by U.S. DOT is incorporated by reference in <br /> this Agreement. Implementation of this program is a legal obligation, and failure to carry out its terms <br /> shall be treated as a violation of this Agreement. Upon notification to the Grantee of its failure to <br /> carry out its approved program, U.S. DOT may impose sanctions as provided for under 49 CFR Part <br /> 23. <br /> (3) The Grantee agrees to include the following clause in all agreements between the Grantee and in all <br /> third party contracts assisted by the Government (FTA) or the Department between the Grantee or <br /> third party contractors: <br /> The contractor, grantee, or subcontractor, shall not discriminate on the basis of race, color, <br /> national origin, or sex in the pertormance of this (contract or agreement). The requirements <br /> of 49 CFR part 23 and the recipient's U.S. DOT-approved disadvantaged business <br /> enterprise (DBE) program (where required) are incorporated in this (contract or agreement) <br /> by reference. Failure by the (contractor, grantee, or subcontractor) to carry out these <br /> requirements is a material breach of the (contract or agreement), which may result in the <br /> termination of this (contract or agreement) or such other remedy as the recipient deems <br /> appropriate. <br /> E. Disabilities <br /> (1) Americans with Disability Act(ADA) Grantee shall comply with all applicable state and federal <br /> requirements under the ADA. <br /> (2) Access Requirements for Individuals with Disabilities.The Grantee agrees to comply with and assure <br /> that any third party contractor under this Project complies with all applicable requirements of the <br /> Americans with Disabilities Act of 1990 (ADA), 42 USC Section 12101 et se�c. ; section 504 of the <br /> Rehabilitation Act of 1973, as amended, 29 USC section 794, section 16 of the Federal Transit Act, <br /> as amended,49 USC app. section 1612;and the following regulations and any amendments thereto: <br /> a) U.S. DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 <br /> CFR Part 37. <br /> b) DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities <br /> Receiving or Benefiting from Federal Financial Assistance,"49 CFR Part 27; <br /> c) DOT regulations, "Americans With Disabilities (ADA) Accessibility Specifications for <br /> Transportation Vehicles."49 CFR Part 38; <br /> d) Department of Justice (DOJ) regulations, "Nondiscrimination on the Basis of Disability in <br /> State and Local Government Services,"28 CFR Part 35; <br /> e) DOJ regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations <br /> and in Commercial Facilities,"28 CFR Part 36; <br /> � General Services Administration regulations, "Accommodations for the Physically <br /> Handicapped,"41 CFR Subpart 101-19. <br /> g) Federal Communications Commission regulations,'Telecommunications Relay Services and <br /> Related Customer Premises equipment for the Hearing and Speech Disabled,"47 CFR Part <br /> 64, Subpart F;and <br /> h) FTA regulations,"Transportation for Elderly and Handicapped Persons,"49 CFR Part 609. <br /> Asset Transfer Agreement page 17 <br />