Americans with Disabili??es Act (February 2024).pdf

This is an Americans with Disabilities Act (ADA) compliance document issued by the Commonwealth in February 2024. The document establishes mandatory accessibility and non-discrimination requirements for contractors performing work under state and local contracts. The Commonwealth requires that no qualified individual with a disability be excluded from participation in the contract or from activities provided under the contract based on disability status. Contractors must ensure compliance with Title II of the Americans with Disabilities Act and all related regulations promulgated under that title, specifically including the General Prohibitions Against Discrimination set forth in 28 C.F.R. 35.130, which apply to state and local government entities.

The contractor is required to indemnify the Commonwealth against all third-party claims, suits, demands, losses, damages, costs, and expenses, including litigation expenses, attorneys' fees, and liabilities arising from the contractor's failure or its employees' or agents' failure to comply with ADA requirements. The Commonwealth reserves sole discretion in determining whether compliance violations have occurred. This indemnification clause creates financial liability for contractors who fail to meet accessibility and non-discrimination obligations under the contract.