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Part 23 and as approved by U.S. DOT is incorporated by reference in this <br /> Agreement. Implementation of this program is a legal obligation, and failure to carry <br /> out its terms shall be treated as a violation of this Agreement. Upon notification to <br /> the Grantee of its failure to carry out its approved program, U.S. DOT may impose <br /> sanctions as provided for under 49 CFR Part 23. <br /> 3. The Grantee agrees to include the following clause in all agreements between the <br /> Grantee and in all third party contracts assisted by the Government: <br /> "The Grantee or subcontractor, shall not discriminate on the basis of race, color, <br /> national origin, or sex in the performance of this (contract or agreement). The <br /> requirement of 49 CFR Part 23 and the recipient's U.S. DOT-Approved <br /> Disadvantaged Business Enterprise (DBE) program (where required) are <br /> incorporated in this (contract or agreement) by reference. Failure by the <br /> (contractor, or subcontractor) to carryout these requirements is a material breach <br /> of the (contract or agreement), that may result in the termination of this (contract <br /> or agreement) or such other remedy as the Department deems appropriate." <br /> F. Disabilities <br /> 1. Americans with Disability Act ADAI -The Grantee shall comply with all applicable <br /> state and federal requirements under the ADA. <br /> 2. Access Requirements for Individuals with Disabilities -The Grantee agrees to <br /> comply with and assure that any third party contractor utilized for this Project <br /> complies with all applicable requirements of the Americans with Disabilities Act of <br /> 1990 (ADA), 42 U.S.C. §12101 et seq.; 49 U.S.C. Section 5301(d); §504 of the <br /> Rehabilitation Act of 1973, as amended, 29 U.S.C. §794, §16 of the Federal Transit <br /> Act, as amended, 49 U.S.C. App. §1612; and the following regulations and any <br /> amendments thereto: <br />� a) DOT regulations, "Transportation Services for tndividuals with Disabilities <br /> (ADA)," 49 CFR Part 37. <br /> b) DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and <br /> Activities Receiving or Benefiting from Federal Financial Assistance,"49 CFR <br /> Part 27; <br /> c) DOT regulations, "Americans With Disabilities (ADA)Accessibility Specifications <br /> for Transportation Vehicles."49 CFR Part 38; ' • <br /> d) Department of Justice (DOJ) regulations, "Nondiscrimination on the Basis of <br /> Disability in State and Local Government Services," 28 CFR Part 35; <br /> e) DOJ regulations, Nondiscrimination on the Basis of Disability by Public <br /> �� <br /> Accommodations and in Commercial Facilities," 28 CFR Part 36; <br /> fl General Services Administration regulations, "Accommodations for the <br /> Physically Handicapped,"41 CFR Subpart 101-19. <br /> g) Federal Communications Commission regulations, "Telecommunications Relay <br /> Services and Related Customer Premises equipment for the Hearing and <br /> Speech Disabled,"47 CFR Part 64, Subpart F; and <br /> State/Federal Capital Grant page 26 <br />