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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000.02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC 03125 Transportation Financial Assistance Programs. The Agency must complete biannual DBE reports and submit them to the Department by May 1 and November 1 annually. 11. Buy America. The Agency agrees to comply with Buy America requirements outlined in 49 U.S.C. 53230) and 49 CFR 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. 12. Clean Air and Water Pollution Acts. The Agency agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act (33 U.S.C. §§ 1251 — 1388) as amended, if the agreement exceeds $150,000. 13. Anti -Lobbying. The Agency agrees to comply with the requirements pursuant to Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352(b)(5), U.S. DOT regulations, "New Restrictions on Lobbying," 49 CFR Part 20, to the extent consistent with 31 U.S.C. § 1352, as amended and other applicable federal laws, regulations, requirements, and guidance prohibiting the use of federal assistance for any activity concerning legislation or appropriations designed to influence the U.S. Congress or a state legislature. 14. Bonding Requirements. If this Agreement is for a construction project over $250,000 the recipient must adhere to FTA's bonding requirements 2 CFR 200.326 as outlined in the Best Practices Procurement Manual. 15. Solid Wastes. Where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000, the Agency agrees to comply with all the requirement of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, 49 U.S.C. 6962, as amended, including but not limited to the regulatory provisions of 40 CFR 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR 247. Sample language can be found in the Department's "Procurement Guidance for Transit Agencies." 16. Employee Protections (Davis -Bacon and Copeland Anti -Kickback). The Agency agrees to comply with the Davis -Bacon and Copeland Anti -Kickback Acts as codified at 40 U.S.C. 3141 et seq. and 18 U.S.C. 874 for any agreement exceeding $2,000. Sample language can be found in the Department's "Procurement Guidance for Transit Agencies." 17. Employee Relations (Contract Work Hours and Safety Standards). For any contract over $100,000, the Agency agrees to comply with the Contract Work Hours and Safety Standards Act, codified at 40 U.S.C. 3701 et seq. 18. Breaches and Dispute Resolution. The Agency agrees to include "Breaches and Dispute Resolution" language in all third -party agreements in compliance with 2 CFR 200 and FTA Circular 4220.1 E or subsequent revisions. 19. Transit Employee Protective Agreements. The Agency agrees to comply with the Transit Employee Protective Agreements as codified in 49 U.S.C. 5333 and 29 CFR 215. 20. Compliance with FTA Terms and Conditions. The Agency shall not perform any act, fail to perform any act, or refuse to comply with any Department requests which would cause the 5311 subrecipient to be in violation of the FTA terms and conditions. 21. Annual Safety Certification. In accordance with Section 341.061, F.S., and Rule 14-90, Florida Administrative Code, the Agency shall submit, and the Department shall have on file, an annual safety certification stating that the Agency has adopted and is complying with its adopted System Safety and Security Program Plan, and has performed annual safety inspections of all buses operated. 22. Budget/Cost Analysis. The Agency will assist the Department by providing accurate information for the Department to create a budget/cost analysis in accordance with Section 216.3475, F.S. 23. Non -Urban Area. The Agency will provide the methodology for determining the non -urban area portion of their Page 22 of 31