2014-061 - Laserfiche WebLink

Home Browse Search

FINANCIAL PROJECT NO. 435841-1-94-01 EXHIBT "C" (Section 5339) This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida Department of Transportation and the Agency. This Agreement is in conformance with Section 5339/MAP 21 20029 FTA 49 U.S.C. 5339 and Section 341.051(1)(a) Florida Statutes. The Section 5339 subrecipient shall establish and implement anti-drug and alcohol misuse prevention programs in accordance with the terms of 49 CFR part 655. The Section 5339 subrecipient shall ensure adherence with all federally required certifications and assurances made in its application to the Department for Section 5339 funds. FORMULA INFORMATION: This program is authorized under 49 U.S.C. Section 5339/Map 21 20029 USDOT, Federal Transit Administration Circular Bus and Bus Facilities and FTA Circular 9300.1A, "Capital Program* Grant Application Instructions,' November 1, 1998, as amended. Said circular, Chapter II, Section 3, outlines the formula for federal apportionments under this program. Section 5339 funds are apportioned to the states by a statutory formula based on the ratio of small urban population of each state to the small urban population of all the states, according to the latest available U.S. census data. The Department s Central Transit Office and District offices, further sub -allocate the state's federal apportionment of Section 5339 funds to eligible sub -recipients using the same small urban population formula as the Federal Transit Administration. This Agreement is in conformance with 49 U S.C. Section 5339/MAP 21 20029 Federal Transit Administration Circular Bus and Bus Facilities as amended and Section 341.051(1) (a) Florida Statutes The Section 5339 subrecipient shall establish and implement anti-drug and alcohol misuse prevention programs in accordance with the terms of 49 CFR part 655. The Section 5339 subrecipient shall ensure adherence with all federally required certifications and assurances made in its application to the Department for Section 5339 funds. The Section 5339 subrecipient shall at all times comply with all applicable FTA regulations, policies procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between the FDOT and FTA, as they may be amended or promulgated from time to time during the term of this contract. Failure to so comply shall constitute a material breach of this contract. The Section 5339 subrecipient assures the project will be completed in accordance with all applicable requirements imposed by or issued pursuant to 49 U.S.C. 5332, 42 U.S. C. 2000d, and 49 CFR part 21, and understands that this assurance extends to its entire facility and to facilities operated in connection with the project. The Section 5339 subrecipient agrees to comply with 49 U.S.C. 5323(d) and 49 CFR Part 604, which provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except under one of the exceptions at 49 CFR 604.9. Any charter service provided under one of the exceptions must be "incidental," i.e., it must not interfere with or detract from the provision of mass transportation. Pursuant to 69 U.S.C. 5323(f) and 49 CFR Part 605, the Section 5339 subrecipient of FTA assistance may not engage in school bus operations exclusively for the transportation of students and school personnel in competition with private school bus operators unless qualified under specified exemptions. When operating exclusive school bus service under an allowable exemption, subrecipients may not use federally funded equipment, vehicles, or facilities. The Section 5339 subrecipient agrees to comply with Buy America requirements outlined in 49 U.S C. 53230) and 49 CFR Part 661, if using the funds granted under this agreement for rolling stock purchases. The recipient also agrees to comply with the pre -award and post delivery requirements outlined in 49 CFR 661.12.