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30. Drug and Alcohol Testing
<br />(Applicable for Contractors in areas with populations of 200,000 or more)
<br />The Contractor agrees to comply with the FTA Drug and Alcohol Regulation, 49 CFR 655, revised
<br />October 1, 2005, that implemented 49 U.S.C. § 5331, and any subsequent revisions or amendments
<br />thereto, in establishing and implementing a drug use and alcohol misuse testing program. This
<br />program is to be strictly applied to all safety sensitive employees of the Contractor for pre-
<br />employment, random, reasonable suspicion, post - accident, and return -to -duty testing. This program
<br />takes effect immediately upon the execution of the contract.
<br />31. State and Local Disclaimer
<br />The Owner does not warrant or make any representation as to the accuracy or completeness of the
<br />information, text, graphics, links and other items contained in this document or on this server or any
<br />other server. Such materials have been compiled from a variety of sources and are subject to change
<br />without notice from the State and FTA.
<br />32. Geographic Preference
<br />Procurements shall be conducted in a manner that prohibits the use of statutorily, administratively
<br />imposed In- State, or local geographical preferences in evaluation or award of bids or proposals,
<br />except where applicable Federal statutes expressly mandate or encourage geographic preference.
<br />This does not preempt State licensing laws.
<br />33. Incorporation of Federal Transit Administration (FTA) Ter
<br />The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT,
<br />whether or not expressly set forth in the preceding contract provisions. All contractual provisions
<br />required by DOT, as set forth in FTA Circular 4220.1F, dated November 1, 2008, are hereby
<br />incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms
<br />shall be deemed to control in the event of a conflict with other provisions contained in this Agreement.
<br />The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any (name of
<br />grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and
<br />conditions.
<br />34. Hold Harmless
<br />Except as prohibited or otherwise limited by State law, the Contractor agrees to indemnify, save, and
<br />hold harmless the Owner of this Contract and its officers, agents, and employees acting within the
<br />scope of their official duties against any liability, including all claims, losses, costs and expenses
<br />accruing or resulting to any other person, firm, or corporation furnishing or supplying work, services,
<br />materials, or supplies in connection with the performance of this contract, and from any and all claims
<br />and losses accruing or resulting to any person, firm, or corporation that may be injured or damaged by
<br />the Contractor or subcontractor in the performance of this contract and that are attributable to the
<br />negligence or intentionally tortuous acts of the Contractor.
<br />35. Seat Belt Usage
<br />Pursuant to Executive Order No. 13043, April 16, 1997, 23 U. S. C. § 402, the Contractor is
<br />encouraged to adopt on the job seat belt use policies and programs for its employees when operating
<br />company owned, rented, or personally - operated vehicles and include this provision in any third party
<br />subcontracts entered into under this project.
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