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19. OPT has provided the North Carolina Department of Transportation with certain Annual <br /> Certifications and Assurances as set forth on that certain document entitled "FEDERAL <br /> (FTA)AND STATE (NCDOT) CERTIFICATIONS AND ASSURANCES FOR <br /> COMMUNITY TRANSPORTATION PROGRAMS FISCAL YEAR 2011-2012." Said <br /> assurances are hereby incorporated into this Memorandum by reference to the same. <br /> 20. OPT will ensure that all vehicles transporting clients shall have at least the minimum <br /> level of liability insurance appropriate for the type of vehicle as defined by Article 7, <br /> Rule R2-36 of the North Carolina Utilities Commission; <br /> 21. OPT will ensure that all drivers (including employees, contractors, contractor's <br /> employees, and volunteers) shall be at least 18 years of age. <br /> 22. OPT will ensure that all drivers (including employees, contractors, contractor's <br /> employees, and volunteers) shall be licensed to operate the specific vehicle used in <br /> transporting clients in accordance with Chapter 20-7 of the General Statutes of North <br /> Carolina and the Division of Motor Vehicle requirements; <br /> 23. OPT agrees to maintain records documenting the following: <br /> A. Valid current copies of Driver's Licenses for all drivers; <br /> B. Current valid vehicle registration, for all vehicles transporting clients; <br /> C. Driving records for all drivers for the past three years and with annual updates; <br /> D. Criminal Background checks through North Carolina Law Enforcement or NCIC <br /> prior to employment and every three years thereafter; <br /> E. Alcohol and drug testing program that meets the Federal Transit Authority guidelines <br /> Drug and alcohol testing program will be paid for by OPT. <br /> 24. OPT will ensure that all vehicles used in the fulfillment of services under this <br /> Memorandum have a valid State registration and State inspection. <br /> 25. Any information, data, instruments, documents, studies or reports given to or prepared or <br /> assembled by OPT under this Memorandum shall be kept as confidential and not <br /> divulged or made available to any individual or organization without the prior written <br /> approval of OCDSS unless the information is required to be disclosed pursuant to the <br /> public records laws of the State of North Carolina or any other applicable law or court <br /> order. OPT acknowledges that in receiving, storing,processing or otherwise dealing with <br /> any confidential information it will safeguard and not further disclose the information <br /> except as otherwise provided in this Memorandum. <br /> 26. This Memorandum shall be effective from July 1, 2013 to June 30, 2014. <br /> 27. This Memorandum shall be reviewed at least annually, prior to May 1 st and may be <br /> terminated by either party upon 60 days written notice. <br /> 28. The Memorandum contains the entire understanding of the parties and shall not be <br /> altered, amended or modified, except in writing executed by the Department Directors of <br /> both parties. <br /> IN WITNESS WHEREOF,the parties hereto have caused this Memorandum to be signed by its <br /> Department Director. <br /> 3 <br />