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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000-02 <br />PUBLIC TRANSPORTATION DEsrRAreclT <br />VELOPMENT <br />GRANT AGREEMENT EXHIBITS OGC 03/25 <br />EXHIBIT E <br />PROGRAM SPECIFIC TERMS AND CONDITIONS — TRANSIT <br />(Section 5311: Formula Grants for Rural Areas) <br />This exhibit forms an integral part of the Agreement between the Department and the Agency. <br />The Agency, as the "subrecipient", shall comply with all applicable federal laws, regulations, and requirements, and <br />should follow applicable federal guidance as outlined in the current FTA Master Agreement and 2 CFR Part 200, <br />including but not limited to: <br />1. Conformance with Enabling Legislation. This Agreement is in conformance with Section 5311 of the <br />Federal Transit Act of 1991, as amended (49 U.S.C. 5311) and Section 341.051(1)(a), F.S. <br />2. Alcohol Misuse and Prohibited Drug Use. The Agency shall establish and implement anti-drug and alcohol <br />misuse prevention programs in accordance with the terms of 49 CFR 655, 49 U.S.C. 5331, and 49 CFR 40. <br />3. Adherence to Certifications and Assurances. The Agency shall ensure adherence with all federally <br />required certifications and assurances made in its application to the Department for Section 5311 funds. <br />4. FTA Compliance. The Agency shall at all times comply with all applicable Federal Transit Administration <br />("FTA") regulations, policies, procedures and directives, including without limitation those listed directly or by <br />reference in the Master Agreement between the Department and FTA, as they may be amended or <br />promulgated from time to time during the term of this contract. Failure to comply shall constitute a material <br />breach of this contract. <br />5. Nondiscrimination. The Agency agrees to comply with all applicable requirements imposed by or issued <br />pursuant to 49 U.S.C. 5332, 49 CFR 21, 42 U.S.C. 2000(d) and (e), 42 U.S.C. 6102, 42 U.S.C. 12132, and 42 <br />U.S.C. § 12132. The agency also understands that this assurance extends to its entire facility and to facilities <br />operated in connection with the project. <br />6. Seat Belt Use. The Agency agrees to implement Executive Order No. 13043, "Increasing Seat Belt Use in the <br />United States," 23 U.S.C. § 402. <br />7. Distracted Driving. The Agency agrees to comply with Executive Order No. 13513, "Federal Leadership on <br />Reducing Text Messaging While Driving," 23 U.S.C. § 402 note and U.S. DOT Order 902.10, "Text Messaging <br />While Driving and the U.S. DOT Special Provision pertaining to Distracted Driving. <br />8. Charter Service. The Section 5311 subrecipient agrees to comply with 49 U.S.C. 5323(d), (g) and (r) and 49 <br />CFR 604 and any other federal Charter Service regulations, which provide that recipients and subrecipients of <br />FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if <br />there is at least one private charter operator willing and able to provide the service, except under one of the <br />exceptions at 49 CFR 604.9. Any charter service provided under one of the exceptions must be "incidental," <br />i.e., it must not interfere with or detract from the provision of mass transportation. <br />9. School Bus Operations. Pursuant to 69 U.S.C. 5323(f) and 49 CFR 605, the Agency of FTA assistance may <br />not engage in school bus operations exclusively for the transportation of students and school personnel in <br />competition with private school bus operators unless qualified under specified exemptions. When operating <br />exclusive school bus service under an allowable exemption, subrecipients may not use federally funded <br />equipment, vehicles, or facilities. <br />10. Disadvantaged Business Enterprises (DBE). This grant is subject to the requirements of Title 49, Code of <br />Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of <br />Page 21 of 31 <br />