18-FTA Funding Supplement 2025.pdf

Broward County FTA Funding Supplement 9/17/2025 Page 1 of 44

FTA FUNDING SUPPLEMENT FOR BROWARD COUNTY CONTRACTS

If Contractor has any questions or needs clarification as to the applicability of any term, condition, or requirement in this FTA Funding Supplement, Contractor should contact the Safety and Compliance Section, Broward County Transportation Department, at 954-357-8300.

Definitions applicable to this FTA Funding Supplement are stated in Section V.

I. FORMS AND REFERENCES

Applicable forms and exhibits will be provided to Contractor separately by the Broward County Purchasing Division. By entering into the Contract, Contractor acknowledges that they have received, completed, and provided all applicable forms, documents, and information required by the FTA of Contractor or any Subcontractor for County’s receipt of Federal Assistance, and shall comply with any additional terms, and provide any additional information, required by the Federal Government related to the Federal Assistance.

Contractor must complete the applicable forms and exhibits identified below. If no boxes are checked please contact the Broward County Transportation Department.

☐ Professional Services Architectural and Engineering ☐ Government-Wide Debarment and Suspension Certification (>$25,000) ☐ Buy America Certification (For iron, steel, or manufactured products >$150,000) ☐ Restrictions on Lobbying Certification (>$100,000) ☐ Restrictions on Lobbying Certification (For Loan Guarantees and Loan Insurance) ☐ FTA Funding Supplement Acknowledgement

☐ Operations/Management ☐ Government-Wide Debarment and Suspension Certification (>$25,000) ☐ Buy America Certification (For iron, steel, or manufactured products >$150,000) ☐ Restrictions on Lobbying Certification (>$100,000) ☐ Restrictions on Lobbying Certification (For Loan Guarantees and Loan Insurance) ☐ Drug & Alcohol Testing Program Certification

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☐ Rolling Stock (Bus/Rail/Associated Equipment) ☐ Government-Wide Debarment and Suspension Certification (>$25,000) ☐ Buy America Certification (For Rolling stock associated procurements >$150,000) ☐ Restrictions on Lobbying Certification (>$100,000) ☐ Restrictions on Lobbying Certification (For Loan Guarantees and Loan Insurance) ☐ Drug & Alcohol Testing Program Certification ☐ Bus Testing Certification ☐ Transit Vehicle Manufacturer (TVM) Certification ☐ FTA Funding Supplement Acknowledgement

☐ Construction ☐ Government-Wide Debarment and Suspension Certification (>$25,000) ☐ Buy America Certification (For iron, steel, or manufactured products >$150,000) ☐ Restrictions on Lobbying Certification (>$100,000) ☐ Restrictions on Lobbying Certification (For Loan Guarantees and Loan Insurance) ☐ FTA Funding Supplement Acknowledgement

☐ Materials and Supplies ☐ Government-Wide Debarment and Suspension Certification (>$25,000) ☐ Buy America Certification (For iron, steel, or manufactured products >$150,000) ☐ Restrictions on Lobbying Certification (>$100,000) ☐ Restrictions on Lobbying Certification (For Loan Guarantees and Loan Insurance) ☐ FTA Funding Supplement Acknowledgement

☐ Revenue Contracts ☐ Government-Wide Debarment and Suspension Certification (>$25,000) ☐ Restrictions on Lobbying Certification (>$100,000) ☐ Restrictions on Lobbying Certification (For Loan Guarantees and Loan Insurance) ☐ FTA Funding Supplement Acknowledgement

☐ Required Forms and Exhibits ☐ Government-Wide Debarment and Suspension Certification (>$25,000) ☐ Restrictions on Lobbying Certification (>$100,000) ☐ Restrictions on Lobbying Certification (For Loan Guarantees and Loan Insurance)

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II. AUTHORITY

The Contract is funded in whole or in part by funds received by Broward County, a political subdivision of the state of Florida (County), from the Federal Transit Administration (FTA) of the United States Department of Transportation (U.S. DOT). This FTA Funding Supplement is incorporated by reference and made a part of the Contract and is subject to the Standard Terms and Conditions required by the U.S. DOT. FTA may take enforcement action if County or any Contractor or Subcontractor violates applicable federal law, regulation, or requirement, or does not follow applicable Federal Guidance.

III. INTERPRETATION

Capitalized terms not otherwise defined herein have the meaning given to them in Section V, Definitions. All other terms not defined herein shall be interpreted as defined in the most current FTA Master Agreement or, if not defined in the FTA Master Agreement, as defined in applicable federal law, federal regulation, the Contract, or the Broward County Administrative Code or Broward County Code of Ordinances, as applicable.

IV. FTA SUPPLEMENTAL PROVISIONS

Contractor shall comply, and Contractor shall require all Subcontractors to comply, with this FTA Funding Supplement and the Standard Terms and Conditions, except as otherwise determined by FTA in writing. The Standard Terms and Conditions imposed by FTA do not expire and shall continue to apply to the Contract, Contractor, and its Subcontractors, as modified or superseded by a more recently enacted or issued applicable federal law, regulation, requirement, or guidance, or amendment to the FTA Master Agreement.

PART A: GENERAL CONDITIONS – APPLICABLE TO ALL CONTRACTS

Applicability to Contracts and Flow Down Requirement. These provisions in Part A are applicable to all Contracts and Flow Down to all levels. Contractor shall include all clauses in Part A in each subcontract funded in whole or in part, directly or indirectly, with Federal Assistance provided by FTA. No provision shall be modified, except as necessary to identify the Subcontractor subject to the provision.

1. INCORPORATION OF FTA TERMS

The provisions within include, in part, certain Standard Terms and Conditions required by U.S.

DOT, whether or not expressly set forth in the Contract’s provisions. All contractual provisions required by U.S. DOT, as set forth in the Standard Terms and Conditions, including, without limitation, the current FTA Circular 4220, are hereby incorporated into this FTA Funding Supplement by this reference. Notwithstanding anything to the contrary herein or in the Contract, all FTA mandated terms shall be deemed to control in the event of a conflict with any provision herein or in the Contract. Contractor shall not perform any act, fail to perform any act, or refuse to comply with any request which would cause a violation of the FTA terms and conditions.

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2. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES

County and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or the award of the underlying Contract, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to County, Contractor, or any other party (whether or not a party to that Contract) pertaining to any matter resulting from the underlying Contract, absent the express written consent by the Federal Government.

3. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS

Contractor acknowledges that the provisions of 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR Part 31, apply to Contractor’s actions pertaining to this project.

Effective upon entering into the Contract, Contractor certifies and affirms to County and the Federal Government the truthfulness and accuracy of any claim, statement, submission, certification, assurance, affirmation, or representation it has made, it makes, it may make, or causes to be made, pertaining to the underlying Contract and its performance of the work under the Contract.

In addition to other penalties that may be applicable, Contractor further agrees that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, it hereby authorizes County to impose on Contractor the penalties of the Program Fraud Civil Remedies Act of 1986, the penalties under 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n) (1), and any other penalties or fines imposed on County by the Federal Government as a result of Contractor’s actions, to the extent County deems appropriate.

4. FEDERAL CHANGES

Contractor 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 FTA Master Agreement, as they may be amended or promulgated from time to time during the term of the Contract including any subsequent renewal terms or extensions. Contractor’s failure to so comply shall constitute a material breach of the Contract.

5. ACCESS TO RECORDS AND REPORTS

A. Record Retention. Contractor shall retain and shall require its Subcontractors at all tiers to retain complete and readily accessible records related in whole or in part to the Contract, including, without limitation, data, documents, reports, statistics, sub-agreements, leases, third-party contracts, arrangements, other third-party agreements of any type, and supporting materials related to those records.

B. Retention Period. Contractor agrees to comply with the record retention requirements in the applicable U.S. DOT Common Rule. Contractor shall maintain all records pertaining to the

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Contract for a period of not less than three (3) years after the expiration or earlier termination of the Contract, the Closeout of County’s Funding Assistance Award, or after all other pending matters related to the Contract are closed, whichever comes first. Closeout of County’s Funding Assistance Award occurs when FTA notifies County that the Award is closed, approves the final federal payment, or acknowledges receipt of the proper refund. Closeout of the Award does not alter the record retention or access requirements of this Section 5.

C. Access to Records and Sites of Performance. Contractor agrees that it shall provide, and shall require its Subcontractors at each tier to provide, sufficient access to inspect and audit records and information related to the Contract to County and the Federal Government, including, without limitation, the United States Secretary of Transportation and the Comptroller General of the United States, or any of their duly authorized representatives. Contractor agrees to, and assures that its Subcontractors shall, permit those individuals listed above to reproduce by any means whatsoever and copy excerpts and transcriptions as reasonably needed; to inspect all work and materials related to the Contract; to audit any information related to the Contract under the control of Contractor or any Subcontractor in books, records, accounts, or other locations; and to otherwise comply with federal access to records requirements as set forth in the applicable Standard Terms and Conditions, including, without limitation, 49 U.S.C. § 5325(g).

D. Amounts Owed to County. Contractor agrees to reimburse County any excess federally funded payments received from County as a result of disallowed costs revealed in an audit or inspection.

6. CIVIL RIGHTS REQUIREMENTS

County is an Equal Opportunity Employer. As such, except when County is specifically exempted from a civil rights statute, County complies with all applicable federal civil rights laws, regulations, and requirements, and follows applicable Federal Guidance including compliance with equity in service requirements, except as the Federal Government determines otherwise in writing.

Contractor shall at all times comply with applicable federal civil rights laws, regulations, and requirements, and follow applicable Federal Guidance, except as the Federal Government determines otherwise in writing. Unless specifically exempted from a civil rights statute, Contractor is required to comply with each applicable civil rights statute, including compliance with equity in service requirements, including, without limitation, the following:

A. Nondiscrimination in Federal Public Transportation Programs. Contractor agrees to, and assures that it and each Subcontractor will:

(1) Prohibit discrimination based on race, color, religion, national origin, sex (including sexual orientation), disability, or age.

(2) Prohibit (i) the exclusion from participation in employment or a business opportunity for reasons identified in 49 U.S.C. § 5332; (ii) denial of program benefits in employment or a business opportunity identified in 49 U.S.C. § 5332; or (iii) discrimination

Broward County FTA Funding Supplement 9/17/2025 Page 6 of 44 identified in 49 U.S.C. § 5332, including discrimination in employment or a business opportunity identified in 49 U.S.C. § 5332.

(3) Follow the most recent edition of FTA Circular 4702.1 to the extent consistent with applicable federal laws, regulations, requirements, and guidance. FTA does not require an Indian Tribe to comply with FTA program-specific guidelines for Title VI when administering contracts supported with Federal Assistance under the Tribal Transit Program.

B. Nondiscrimination – Title VI of the Civil Rights Act. Contractor agrees to, and assures that each Subcontractor will (i) prohibit discrimination based on race, color, or national origin; (ii) comply with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, et seq., U.S.

DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964,” 49 CFR Part 21, including any amendments thereto; and Federal transit law, specifically 49 U.S.C. § 5332; and (iii) follow:

(1) The most recent edition of FTA Circular 4702.1, to the extent consistent with applicable federal laws, regulations, requirements, and guidance;

(2) U.S. DOJ, “Guidelines for the enforcement of Title VI, Civil Rights Act of 1964,” 28 CFR § 50.3; and

(3) All other applicable Federal Guidance that may be issued.

C. Equal Employment Opportunity.

(1) Federal Requirements and Guidance. Contractor agrees to, and assures that each Subcontractor will, prohibit discrimination based on race, color, religion, sex, sexual orientation, or national origin, and (1) comply with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq.; (2) comply with Title I of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. §§ 12101, et seq.; (3) comply with federal transit law, specifically 49 U.S.C. § 5332, as provided in section 12 of the FTA Master Agreement; (4) comply with FTA Circular 4704.1, as applicable; and (5) follow other Federal Guidance pertaining to EEO laws, regulations, and requirements, and prohibitions against discrimination on the basis of disability.

(2) Indian Tribes. Contractor agrees to, and assures that each Subcontractor will, recognize that Title VII of the Civil Rights Act of 1964, as amended, exempts Indian Tribes under the definition of “Employer.”

D. Nondiscrimination on the Basis of Sex. Contractor agrees to, and assures that its Subcontractors will, comply with federal prohibitions against discrimination based on sex, including: (i) U.S. DOT regulations, “Nondiscrimination of the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,” 49 CFR Part 25; and (ii) Federal Transit Law, specifically 49 U.S.C. § 5332.

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E. Nondiscrimination on the Basis of Age. Contractor agrees to, and assures that its Subcontractors will, comply with federal prohibitions against discrimination based on age, including: (i) Age Discrimination in Employment Act, 29 U.S.C. §§ 621 – 634; (ii) U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations “Age Discrimination in Employment Act,” 29 CFR Part 1625; The Age Discrimination Act of 1975, as amended, 42 U.S.C.

§ 6101 et seq.; (iii) U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 CFR Part 90; and (iv) Federal transit law at 49 U.S.C. § 5332.

F. Nondiscrimination on the Basis of Disability. Contractor agrees to, and assures that its Subcontractors will, comply with federal law, regulations, and guidance prohibiting against discrimination based on disability, including: Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794; The Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et seq.; The Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq.; Federal transit law at 49 U.S.C. § 5332; U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 CFR Part 27; Joint U.S. Architectural Barriers and Compliance Board (U.S. ATBCB) and U.S. DOT regulations, “Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,” 36 CFR Part 1192 and 49 CFR Part 38;

U.S. DOT regulations, “Transportation for Individuals with Disabilities: Passenger Vessels,” 49 CFR Part 38; U.S. DOT regulations, “Transportation for Individuals with Disabilities: Passenger Vessels,” 49 CFR Part 35; U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities,” 28 CFR Part 36; U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 CFR Part 1630; U.S. Federal Communications Commission regulations, “Telecommunications Relay Services and Related Customer Premises Equipment for Persons with Disabilities,” 47 CFR Part 64, subpart F; U.S. ATBCB regulations, “Electronic and Information Technology Accessibility Standards,” 36 CFR Part 1194; FTA regulations, “Transportation for Elderly and Handicapped Persons,” 49 CFR Part 609; FTA Circular 4710.1, “Americans with Disabilities Act: Guidance”; and other applicable federal laws, regulations, and requirements pertaining to access for seniors or individuals with disabilities, federal civil rights, and nondiscrimination.

G. Drug or Alcohol Abuse – Confidentiality and Other Civil Rights Protections. Contractor agrees to comply with the confidentiality and civil rights protections of: (1) The Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. § 1101, et seq.; (2) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended, 42 U.S.C. § 4541, et seq.; and (3) The Public Health Service Act, as amended, 42 U.S.C. §§ 290dd – 290dd-2.

H. Access to Services for Persons with Limited English Proficiency. Contractor agrees to provide meaningful access to public transportation services to persons with limited understanding of English to comply with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, et seq., and its implementing regulation at 28 CFR § 42.405(d), and appliable U.S.

Department of Justice guidance.

I. Federal Law and Public Policy Requirements. Contractor shall ensure that Federal Assistance funding is expended in full accordance with the U.S. Constitution, Federal Law, and

Broward County FTA Funding Supplement 9/17/2025 Page 8 of 44 statutory and public policy requirements: including, but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination; and Contractor will cooperate with Federal officials in the enforcement of Federal law, including cooperating with and not impeding U.S. Immigration and Customs Enforcement (ICE) and other Federal offices and components of the Department of Homeland Security in the enforcement of Federal immigration law.

J. Other Nondiscrimination Laws, Regulations, Requirements, and Guidance. Contractor agrees to comply with other applicable federal nondiscrimination laws, regulations, and requirements, and follow Federal Guidance prohibiting discrimination.

K. Remedies. Remedies for failure to comply with applicable federal civil rights laws, regulations, and requirements, and failure to follow Federal Guidance may be enforced as provided in those federal laws, regulations, requirements, or Federal Guidance.

7. DISADVANTAGED BUSINESS ENTERPRISE (DBE)

A. Overview. Certified Disadvantaged Business Enterprises (DBEs), as defined in 49 CFR Part 26, shall have an equal opportunity to participate in the Contract and any other U.S. DOT-assisted contract. It is also the policy of County to:

(1) Ensure nondiscrimination in the award and administration of U.S. DOT-assisted contracts;

(2) Create a level playing field on which DBEs can compete fairly for U.S. DOT-assisted contracts;

(3) Ensure that County’s DBE program is narrowly tailored in accordance with applicable law;

(4) Ensure that only firms that fully meet eligibility standards (pursuant to 49 CFR Part 26) are permitted to participate as DBEs;

(5) Help remove barriers to the participation of DBEs in U.S. DOT-assisted contracts;

(6) Promote the use of DBEs in all types of federally assisted contracts and procurement activities; and

(7) Assist in the development of firms that can compete successfully in the marketplace outside the DBE program.

To the extent authorized by applicable federal laws, regulations, or requirements, Contractor agrees to satisfy the requirements for DBE participation, and further agrees to facilitate, and assures that each of its Subcontractors will facilitate, participation by DBEs as set forth in this FTA Supplement and as otherwise required by the US. DOT and County. These requirements are in

Broward County FTA Funding Supplement 9/17/2025 Page 9 of 44 addition to all other EEO requirements of the Contract. County through its Office of Economic and Small Business Development (OESBD) shall make all determinations with regard to whether or not a Contractor is in compliance with the DBE program requirements. In assessing compliance, County may consider during its review of Contractor’s submission package and any documented noncompliance with DBE requirements on any other contract (including previous contracts) with County.

B. DBE Program Requirements. The DBE regulation at 49 CFR Part 26 establishes requirements for setting an overall goal for DBE participation in federally funded contracts. The Contract may include a specific DBE participation goal determined by OESBD which represents a minimum percentage of work under the Contract to be performed by DBEs (DBE Goal).

Contractor and its Subcontractors may obtain information about DBE Program Requirements at the following websites:

https://www.transit.dot.gov/dbe https://www.transportation.gov/civil-rights/disadvantaged-business-enterprise

Eligible DBEs. For the purposes of DBE Goal achievement and in addition to applicable federal law and the Federal Guidelines, County requires Contractor (and its Subcontractors) to use DBEs that meet County’s DBE eligibility requirements below:

1. DBEs must be certified, at the time of bid opening or proposal evaluation, by the Florida Unified Certification Program (UCP) Certifying Members; or

2. DBEs must be an out-of-state firm certified by either a local government, state government, or Federal Government entity authorized to certify DBE status, or by an agency whose DBE certification process has received FTA approval; or

3. DBEs must be certified by another agency approved by County.

The Florida Department of Transportation (FDOT) maintains a directory of certified DBEs that are eligible to participate on DBE contracts within the State of Florida. A listing of these DBEs can be viewed at the following website:

http://www3b.dot.state.fl.us/equalopportunityofficebusinessdirectory/

Proposed Submission. Each Contractor, as part of its submission, shall supply the following information:

1. Letter of Intent to Utilize a DBE Subcontractor/Subconsultant

2. Vendor’s Opportunity List

3. DBE Good Faith Effort Evaluation Report (only required if goals were not met)

For further information regarding the DBE program requirements, contact OESBD at (954) 357- 6400. All forms may be downloaded from the Small Business Development Division website:

http://www.broward.org/ECONDEV/SMALLBUSINESS/Pages/compliance.aspx

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A Letter of Intent must be executed by Contractor and countersigned by all DBE Subcontractors.

No work shall be included in the Letter of Intent or Vendor’s Opportunity List that Contractor has reason to believe the listed DBE will subcontract, at any tier, to other than another DBE.

Contractor may not deviate from the certified DBE(s) disclosed in Letter of Intent and Vendor’s Opportunity List submitted in response to the bid. Each DBE listed on the Letter of Intent must be certified prior to bid opening as DBE to be eligible for award.

Contractor shall provide monthly utilization reports, using the DBE Monthly Utilization Report and DBE Final Monthly Utilization Report, to the Contract Administrator, or their designee. In addition, Contractor shall allow County to engage in onsite reviews to monitor Contractor’s progress in achieving and maintaining the DBE Goal. The Contract Administrator in conjunction with OESBD shall perform such review and monitoring.

Good Faith Efforts. If Contractor is unable to meet the DBE Goal set forth in the Contract, County will consider Contractor’s documented Good Faith Efforts based on Contractor’s completed and submitted Application for Evaluation of Good Faith Effort.

If Contractor submits an Application for Evaluation of Good Faith Effort, Contractor must be able to demonstrate through proper documentation its reasonably good-faith efforts to meet the DBE participation goal. Contractor’s reasonably good efforts to meet DBE participation goals will be determined by OESBD and may include, without limitation, the following:

1. Attendance at any scheduled pre-bid meeting concerning DBE participation;

2. Contractor’s own solicitations to obtain DBE involvement in general circulation media, trade association publication, minority-focus media, and other reasonable and available means within sufficient time to allow DBEs to respond to the solicitation;

3. Timely advertisement in general circulation media, trade association publications, and minority-focus media;

4. Timely notification of minority business or contractor groups and associations of solicitation for specific sub-bids;

5. Proof of written solicitations to DBEs;

6. Efforts to select portions of the work proposed to be performed by DBE in order to increase the likelihood of achieving the stated goal; and

7. Efforts to provide DBEs that need assistance in obtaining bonding or insurance required by Contractor or County.

Contractor agrees that throughout the term of this Contract, the services provided by Contractor and its Subcontractors as provided by the firms listed on Letter of Intent shall remain at least at the percentage levels set forth in the Contract.

C. Contract Compliance Monitoring. Contractor and its Subcontractors shall:

a) Permit County to have access to necessary records to examine information as County deems appropriate for the purpose of investigating and determining compliance with

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Contractor’s DBE Goal and the DBE program requirements, including, but not limited to, records of expenditures, invoices, and contract between Contractor and other DBE parties entered into during the life of the Contract.

b) Permit the authorized representative(s) of County, the U.S. Department of Transportation, the Comptroller General of the United States, to inspect and audit all data and record of Contractor relating to its performance under the DBE Participation provisions of the Contract.

c) Maintain all data/record(s) pertaining to its DBE participation as stated in Section 5 above.

D. Statutory and Regulatory Requirements. Contractor agrees to comply with the requirements of Section 1101(b) of the FAST Act, 23 U.S.C. § 101 note; U.S. DOT regulations, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs,” 49 CFR Part 26, including any amendments thereto; and federal transit law, specifically 49 U.S.C. § 5332, as provided in section 12 of the FTA Master Agreement.

E. Special Requirements for a Transit Vehicle Manufacturer. See Section titled Transit Vehicle Manufacturer Certification in Part B below.

8. DISPUTES, BREACHES, DEFAULTS, AND LITIGATION

The Contract provides for County’s and Contractor’s available administrative, contractual, or other legal remedies, including any sanctions or penalties in the event Contractor or its Subcontractors violate or breach the Contract.

FTA Interest. FTA has a vested interest in the settlement of any violation of federal law, regulation, or requirement, or any disagreement involving the Award, the accompanying County contract, and any amendments thereto including, but not limited to, a default, breach, major dispute, or litigation, and FTA reserves the right to concur in any settlement or compromise.

Notification to FTA. If a current or prospective legal matter that may affect the Federal Government emerges, Contractor must promptly notify the FTA Chief Counsel and FTA Regional Counsel for the Region in which County is located. Contractor must include an equivalent provision in its sub-agreements with Subcontractors at every tier, for any agreement that is a “covered transaction” according to 2 CFR §§ 180.220 and 1200.220.

The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any forum for any reason.

Matters that may affect the Federal Government include, but are not limited to, the Federal Government’s interests in the Contract, or the Federal Government’s administration or enforcement of federal laws, regulations, and requirements.

Additional Notice Requirements. Contractor and its Subcontractors must promptly notify County and if required the U.S. DOT Inspector General in addition to the FTA Chief Counsel or Regional

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Counsel for the Region in which County is located, if Contractor or its Subcontractors have knowledge of potential fraud, waste, or abuse occurring on a project receiving assistance from FTA. The notification provision applies if a person has or may have submitted a false claim under the False Claims Act, 31 U.S.C. § 3729, et seq., or has or may have committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of interest, bid rigging, misappropriation or embezzlement, bribery, gratuity, or similar misconduct involving Federal Assistance. This responsibility occurs whether the project is subject to this Contract or another FTA funded contract, or an agreement involving a principal, officer, employee, agent, or third-party participant of County. It also applies to Subcontractors at any tier. Knowledge, as used in this paragraph, includes, but is not limited to, knowledge of a criminal or civil investigation by a federal, state, or local law enforcement or other investigative agency, a criminal indictment or civil complaint, or probable cause that could support a criminal indictment, or any other credible information in the possession of Contractor or Subcontractor. In this paragraph, “promptly” means to refer information without delay and without change. This notification provision applies to all divisions of the Recipient, including divisions tasked with law enforcement or investigatory functions.

Enforcement. County is obligated by the FTA to enforce its legal rights and remedies available under the Contract or any federal, state, or local law or regulation.

9. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT

Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to:

(1) Procure or obtain;

(2) Extend or renew a contract to procure or obtain; or

(3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

10. TRAFFICKING IN PERSONS

A. Definitions. Terms used in this Section 10 have the definitions given to them in Section 4(f)(2) of the FTA Master Agreement.

B. Compliance. Contractor shall (i) comply with federal requirements and guidance, including Section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended, 22 U.S.C. § 7104(g); (ii) comply with the terms of Section 4(f) of the FTA Master Agreement, and (iii)

Broward County FTA Funding Supplement 9/17/2025 Page 13 of 44 inform FTA immediately of any information it receives from any source alleging a violation of the prohibitions listed in section 4(f)(4) of the FTA Master Agreement.

C. Subagreement Provision. Contractor agrees that it and its employees that participate in Recipient’s Award, may not: engage in severe forms of trafficking in persons during the period of time that the Recipient’s Award is in effect, procure a commercial sex act during the period of time that the Recipient’s Award is in effect, or use forced labor in the performance of the Recipient’s Award or subagreements thereunder.

11. TERMINATION

County’s and Contractor’s termination rights and obligations are detailed in the Contract and any addenda or subsequent amendments to the Contract which address termination rights and obligations. Notwithstanding anything to the contrary in the Contract, the FTA may unilaterally terminate the Contract in accordance with Section 106(g) of the TVPA, as amended, 22 U.S.C. § 7104(g), and U.S. OMB regulatory guidance, “Award Term for Trafficking in Persons,” 2 CFR Part 175, and County shall not be liable for any costs or losses of Contractor or any payments to Contractor.

12. ADDITIONAL REQUIRED CLAUSES IN THIRD-PARTY CONTRACTS (FROM SECTION 16(D)

OF THE FTA MASTER AGREEMENT)

Sections 1-11 of this FTA Funding Supplement’s General Conditions encompass all of Contractor’s FTA General Conditions obligations. The following provisions from Section 16(d) of the FTA Master Agreement are required to be included in all Recipient (such as County) contracts that are FTA funded. If any portions of Sections 1-11 of this FTA Funding Supplement’s General Conditions are unclear, the following provisions are inserted into this FTA Funding Supplement to provide clarity:

Required Clauses in Third-Party Contracts. In addition to other applicable provisions of federal law, regulations, requirements, and guidance, all third-party contracts made by the Recipient under the Federal award must contain provisions covering the following, as applicable:

A. Simplified Acquisition Threshold. Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. § 1908, or otherwise set by law, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (Note that the simplified acquisition threshold determines the procurement procedures that must be employed pursuant to 2 CFR §§ 200.317–200.327. The simplified acquisition threshold does not exempt a procurement from other eligibility or processes requirements that may apply. For example, Buy America’s eligibility and process requirements apply to any procurement in excess of $150,000. 49 U.S.C. § 5323(j)(13).)

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B. Termination. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-federal entity including the manner by which it will be effected and the basis for settlement.

C. Davis-Bacon Act, as amended (40 U.S.C. §§ 3141 – 3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. §§ 3141 – 3144, and 3146 – 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of a public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency.

D. Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701 – 3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer based on a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.

The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

E. Rights to Inventions Made Under a Contract or Agreement. If the federal award meets the definition of “funding agreement” under 37 CFR § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and

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Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

F. Clean Air Act (42 U.S.C. §§ 7401 – 7671q.) and the Federal Water Pollution Control Act (33 U.S.C. §§ 1251 – 1388), as amended. Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-federal award to agree 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 as amended (33 U.S.C. §§ 1251 – 1388). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

G. Debarment and Suspension (Executive Orders 12549 and 12689). A covered transaction (see 2 CFR §§ 180.220 and 1200.220) must not be entered into with any party listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (31 U.S.C. § 6101 note, 51 Fed. Reg. 6370,) and 12689 (31 U.S.C. § 6101 note, 54 Fed. Reg. 34131), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. The Recipient agrees to include, and require each Third-Party Participant to include, a similar provision in each lower tier covered transaction, ensuring that each lower tier Third-Party Participant: (1) Complies with federal debarment and suspension requirements; and (2) Reviews the SAM at https://www.sam.gov, if necessary to comply with U.S. DOT regulations, 2 CFR Part 1200.

H. Restrictions on Lobbying (31 U.S.C. § 1352). Contractors that apply or bid for an award exceeding $100,000 must file the certification required by 49 CFR Part 20. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C.

§ 1352. Each tier must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-federal award.

I. Solid Wastes. A Recipient that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, 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; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

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PART B: ADDITIONAL REQUIREMENTS – CONDITIONAL

13. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION

Applicability to Contracts : U.S. DOT’s “Nonprocurement Suspension and Debarment” regulations at 2 CFR Part 1200 and 2 CFR Part 180 apply to this Contract, and sub-agreements with Subcontractors at any tier, as follows: if the contract award amount is expected to equal or exceed $25,000; contract awards for a federally required audit regardless of the contract amount; contracts that must be approved by an FTA official regardless of the contract amount.

Flow Down Requirements : Covered Contractors and Subcontractors at any tier (as well as their principals and affiliates).

Contractor shall comply and facilitate its Subcontractors compliance with U.S. DOT’s “Nonprocurement Suspension and Debarment” regulations at 2 CFR Part 1200 and 2 CFR Part

180. Contractor shall verify that its principals, affiliates, and Subcontractors are eligible to participate in the Contract and are not presently declared by the Federal Government to be:

a. Debarred from participation in any federally assisted Award;

b. Suspended from participation in any federally assisted Award;

c. Proposed for debarment from participation in any federally assisted Award;

d. Declared ineligible to participate in any federally assisted Award;

e. Voluntarily excluded from participation in any federally assisted Award; or

f. Disqualified from participation in ay federally assisted Award.

Contractor certifies its compliance with this provision and shall sign and submit to County with its bid or proposal, the Government-Wide Debarment and Suspension Certification. Contractor shall also require its covered Subcontractors to certify compliance with this provision and provide to County a signed Government-Wide Debarment and Suspension Certification for each covered Subcontractor.

14. BUILD AMERICA, BUY AMERICA

Applicability to Contracts :

Pursuant to 49 U.S.C. § 5323(j), 49 CFR Part 661, and the Fixing America’s Surface Transportation (FAST) Act, Section 3011, FTA’s Buy America Requirements apply to the Contract if County’s federally-assisted purchases of more than $150,000 of iron, steel, manufactured goods, including rolling stock purchases and capital leases.

Construction materials used in the Project are subject to the domestic preference requirement of the Build America, Buy America Act, Pub. L. 117-58, div. G, tit. IX, §§ 70911 – 70927 (2021), as implemented by the U.S. Office of Management and Budget’s “Buy America Preferences for Infrastructure Projects,” 2 CFR Part 184.

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Flow Down Requirements : The requirements Flow Down from County to first tier contractors who are responsible for ensuring that lower tier contractors and subcontractors comply.

Unless a waiver has been granted by the FTA or the product is subject to a general waiver, Contractor agrees to comply with FTA’s buy America requirements. General waivers are listed in 49 CFR 661.7. Separate requirements for rolling stock are set out at 49 U.S.C. § 5323(j) (2) (C) and 49 CFR 661.11. General waivers for small purchases do not apply to Consultant’s equipment purchases when Consultant’s contract value exceeds $150,000 in value.

The FTA cautions that its Buy America regulations are complex and different from the Federal “Buy America Act” regulations in the Federal Acquisition Regulation (FAR) at 48 CFR Chapter I, Subchapter D, Part 25, Subparts 25.1 and 25.2. Contractor can obtain detailed information on FTA’s Buy America Requirements at https://www.transit.dot.gov/buyamerica/.

Contractor must submit to County the appropriate Buy America certification with its bid or offer.

Except those subject to a general waiver, bids or offers that are not accompanied by a completed Buy America certification will be rejected as non-responsive. Contractor must submit to County the appropriate Buy America Certification.

15. SEISMIC SAFETY (Includes A&E)

Applicability to Contracts : Applies to the Contract only if it is a contract for the construction of new buildings or additions to existing buildings.

Flow Down Requirements : Flows Down from County to Contractor to assure compliance with the applicable building standards for Seismic Safety, including the work performed by all Subcontractors.

If this Contract pertains to the construction of new buildings or additions to existing buildings, Contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in U.S. DOT Seismic Safety Regulations at 49 CFR Part 41 and will certify compliance to the extent required by the regulation. Contractor also agrees to ensure that all work performed under this Contract, including work performed by a Subcontractor, complies with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project.

16. LOBBYING

Applicability to Contracts : Applies to the Contract if equal to $100,000 or more.

Flow Down Requirements : Covered Contractors and Subcontractors at any tier.

Contractor agrees that neither it nor any of its Subcontractors will use Federal Assistance to influence any officer or employee of a federal agency, member of Congress, or an employee of a member of Congress, or officer or employee of Congress on matters that involve the Contract or any extension or modification, according to the following laws, regulations, requirements, and

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Federal Guidance: the Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352, as amended; 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.

Exception : If permitted by applicable law, regulations, or Federal Guidance, such lobbying activities described above may be undertaken through County’s proper official channels.

Contractor agrees that it and its Subcontractors shall certify its compliance with the lobbying requirements and restrictions above by completing and submitting to County the Restrictions…