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Financial Project No 407182-2-84-01 <br /> Contract No. <br /> Agreement Date <br /> EXHIBIT "C" <br /> (Section 5311) <br /> This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, <br /> Department of Transportation and Indian River Board of County Commissioners <br /> 1801 27th Street Vero Beach, FL 32960 <br /> referenced by the above Financial Project Number <br /> This Agreement is in conformance with Section 5311 of the Federal Transit Act of 1991, as amended(49 U S C app ' <br /> 5311)and Section 341 051(1)(a)Florida Statutes. <br /> The Section 5311 subrecipient shall establish and implement anti-drug and alcohol misuse prevention programs in <br /> accordance with the terms of 49 CFR part 655 <br /> The Section 5311 subrecipient shall ensure adherence with all federally required certifications and assurances made <br /> in its application to the Department for Section 5311 funds. <br /> The Section 5311 subrecipient shall at all times comply with all applicable FTA regulations, policies, procedures and <br /> directives, including without limitation those listed directly or by reference in the Master Agreement between the FDOT <br /> and FTA, as they may be amended or promulgated from time to time during the term of this contract. Failure to so <br /> comply shall constitute a material breach of this contract. <br /> The Section 5311 subrecipient assures the project will be completed in accordance with all applicable requirements <br /> 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 <br /> assurance extends to its entire facility and to facilities operated in connection with the project. <br /> The Section 5311 subrecipient agrees to comply with 49 U S C 5323(d)and 49 CFR Part 604,which provides that <br /> recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded <br /> equipment or facilities if there is at least one private charter operator willing and able to provide the service,except <br /> under one of the exceptions at 49 CFR 604 9 Any charter service provided under one of the exceptions must be <br /> "incidental," i.e., it must not interfere with or detract from the provision of mass transportation. <br /> Pursuant to 69 U S.0 5323(f)and 49 CFR Part 605,the Section 5311 subrecipient of FTA assistance may not engage <br /> in school bus operations exclusively for the transportation of students and school personnel in competition with private <br /> school bus operators unless qualified under specified exemptions. When operating exclusive school bus service <br /> under an allowable exemption, subrecipients may not use federally funded equipment,vehicles, or facilities. <br /> The Section 5311 subrecipient agrees to comply with Buy America requirements outlined in 49 U S C 53230)and 49 <br /> CFR Part 661, if using the funds granted under this agreement for rolling stock purchases. The recipient also agrees <br /> to comply with the pre-award and post delivery requirements outlined in 49 CFR 661 12. <br /> The Section 5311 subrecipient agrees to comply with all applicable standards, orders or regulations issued pursuant to <br /> the Federal Water Pollution Control Act,as amended, 33 U S C 1251 if the agreement exceeds$100,000 <br /> The Section 5311 subrecipient agrees to comply with the requirements pursuant to Byrd Anti-Lobbying Amendment, <br /> 31 U S C 1352(b)(5)and 49 CFR Part 19,Appendix A, Section 7 <br /> If this agreement is for a construction project over$100,000 the recipient must adhere to FTA's bonding requirements <br /> as outlined in the Best Practices Procurement Manual. <br /> The 5311 subrecipient agrees to comply with applicable standards, orders or regulations issued pursuant to the Clean <br /> Air Act, as amended,42 U S C 7401 if this agreement exceeds$100,000 <br /> Page 1 of 2 <br />