.18 Americans with Disability Act.pdf
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- Attached to
- Tree Trimming & Stump Removal Services
- Solicitation number
- 6100065337
- Issued by
- Fayette County, Pennsylvania
About this file
This is an Americans with Disabilities Act (ADA) compliance provisions document issued by the Commonwealth of Pennsylvania on October 14, 2011, applicable to all contractors seeking to furnish goods, services, or perform work under Commonwealth purchase orders, contracts, or grants. The document establishes mandatory compliance requirements under federal regulations 28 C.F.R. 35.101 et seq., prohibiting contractors from excluding any individual with a disability from participation in the agreement or activities provided thereunder. Contractors must comply with the General Prohibitions Against Discrimination outlined in 28 C.F.R. 35.130 and all other applicable Title II ADA regulations governing benefits, services, programs, and activities provided by the Commonwealth through outside contractor arrangements.
The contractor assumes full responsibility for compliance and agrees to indemnify and hold harmless the Commonwealth from all losses, damages, expenses, claims, demands, suits, and actions resulting from the contractor's failure to meet these ADA provisions. This requirement applies to the Tree Trimming & Stump Removal Services contract for PennDOT in Fayette County, which covers tree trimming and stump removal services for all State Routes and Department facilities within PennDOT's jurisdiction. The contract is restricted to DGS-certified small businesses under the Small Business Procurement Initiative established by Executive Order 2011-09, with all bids required to be submitted electronically through the PA Supplier Portal.
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Text version
October 14, 2011
PROVISIONS CONCERNING THE AMERICANS WITH DISABILITIES ACT
For the purpose of these provisions, the term contractor is defined as any person, including, but not limited to, a bidder, offeror, supplier, or grantee, who will furnish or perform or seeks to furnish or perform, goods, supplies, services, construction or other activity, under a purchase order, contract, or grant with the Commonwealth of Pennsylvania (Commonwealth).
During the term of this agreement, the contractor agrees as follows:
1. Pursuant to federal regulations promulgated under the authority of the Americans with
Disabilities Act, 28 C. F. R. § 35.101 et seq., the contractor understands and agrees that no individual with a disability shall, on the basis of the disability, be excluded from participation in this agreement or from activities provided for under this agreement. As a condition of accepting and executing this agreement, the contractor agrees to comply with the "General Prohibitions Against Discrimination," 28 C. F. R. § 35.130, and all other regulations promulgated under Title II of the Americans with Disabilities Act which are applicable to the benefits, services, programs, and activities provided by the Commonwealth through contracts with outside contractors.
2. The contractor shall be responsible for and agrees to indemnify and hold harmless the
Commonwealth from all losses, damages, expenses, claims, demands, suits, and actions brought by any party against the Commonwealth as a result of the contractor's failure to comply with the provisions of paragraph 1.
EXHIBIT _
Enclosure 1 to Management Directive 215.12 Amended Page 1 of 1
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