22-FTA Funding Supplement 2026 - TRN2132943B1.pdf

Broward County FTA Funding Supplement (09.23.26) Page 1 of 50

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 or Consultant (“Contractor”) should contact the Compliance and Small Business Administration Section, Broward County Transportation Department, at 954-357-8300.

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

I. CERTIFICATIONS AND ASSURANCES

Parts A and B of this Section I reproduce County’s award-level applicant certifications and assurances for reference and are not certifications to be executed by Contractor unless the Contract expressly requires otherwise. Contractor remains responsible for each contractor certification identified in Part C that is applicable to the procurement.

PART A: APPLICABLE PROVISIONS

Name of Contractor:_____________________________________________________

The Contractor certifies to the applicable provisions (set forth in Section I(C)) of the following categories:

No. Category Certification

1 FTA Funding Supplement Acknowledgement [__]

2 Government-Wide Debarment and Suspension Certification (>$25,000)

3 Restrictions on Lobbying Certification (>$100,000) [__]

4 Restrictions on Lobbying Certification (For Loan Guarantees and Loan Insurance)

5 Buy America Certification (For iron, steel, manufactured products or construction materials >$150,000)

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PART B: CERTIFICATIONS AND ASSURANCES SIGNATURE PAGE

Name of the Contractor:

BY SIGNING BELOW, on behalf of the Contractor, I declare that it has duly authorized me to make these Certifications and Assurances and bind its compliance. Thus, it agrees to comply with all federal laws, regulations, and requirements, follow applicable federal guidance, and comply with the Certifications and Assurances as indicated on the foregoing page applicable to each application its Authorized Representative makes to the Federal Transit Administration (“FTA”) in the federal fiscal year, irrespective of whether the individual that acted on his or her Contractor’s behalf continues to represent it.

The Certifications and Assurances the Contractor selects apply to each Award for which it now seeks, or may seek in the future, of federal assistance to be awarded by FTA during the federal fiscal year.

The Contractor affirms the truthfulness and accuracy of the Certifications and Assurances it has selected in the statements submitted with this document and any other submission made to FTA, and acknowledges that the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. § 3801 et seq., and implementing U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 C.F.R. part 31, apply to any certification, assurance or submission made to FTA. The criminal provisions of 18 U.S.C. § 1001 apply to any certification, assurance, or submission made in connection with a federal public transportation program authorized by 49 U.S.C. chapter 53 or any other statute.

In signing this document, I declare under penalties of perjury that the foregoing Certifications and Assurances, and any other statements made by me on behalf of the Contractor, are true and accurate.

Signature Date:

Name Authorized Representative of Contractor:

AFFIRMATION OF CONTRACTOR’S ATTORNEY

For (Name of Contractor):

As the undersigned Attorney for the above-named Contractor, I affirm the Contractor has the authority under state, local, or tribal government law, as applicable, to make and comply with the Certifications and Assurances as indicated on the foregoing pages. I further affirm that, in my opinion, the Certifications and Assurances have been legally made and constitute legal and binding obligations on it.

I further affirm that, to the best of my knowledge, there is no legislation or litigation pending or imminent that might adversely affect the validity of these Certifications and Assurances, or of the performance of its FTA assisted Award.

Signature Date:

Name Attorney for Contractor:

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PART C: CERTIFICATIONS AND ASSURANCES

1. FTA Funding Supplement Acknowledgement (For Contractor Execution)

2. Federal Tax Liability and Recent Felony Convictions (U.S. DOT Order 4200.6)

Contractor certifies that: (a) It has no unpaid federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (b) it has not been convicted of a felony criminal violation under any federal law within the preceding 24 months.

3. Government-Wide Debarment and Suspension Certification (>$25,000) (2 C.F.R § 180.300)

4. Restrictions on Lobbying Certification (>$100,000) (49 C.F.R. Part 20, Appendix A)

5. Restrictions on Lobbying Certification (For Loan Guarantees and Loan Insurance)

(49 C.F.R. Part 20, Appendix A)

6. Buy America Certification (For iron, steel, manufactured products or construction materials >$150,000) (49 C.F.R. § 661.6)

7. Buy America Certification (For Rolling Stock-Associated Procurements >$150,000)

(49 C.F.R. § 661.12)

8. Drug & Alcohol Testing Program Certification (49 C.F.R. § 655.83)

9. Bus Testing Certification (49 C.F.R. § 665.7 and § 665.13)

10. Transit Vehicle Manufacturer (“TVM”) Certification (FTA’s TVM Webpage)

If Contractor or any Subcontractor is a TVM, Contractor agrees that each TVM, as a condition of being authorized to bid or propose on FTA-assisted transit vehicle procurements, must submit a certification, in substantially the form of the Transit Vehicle Manufacturer Certification of Compliance, that it has complied with FTA’s Disadvantaged Business Enterprise requirements at 49 C.F.R. Part 26, including any amendments thereto. Only TVMs listed on FTA’s eligible TVM list, or that have submitted a goal methodology to FTA that has been approved or has not been disapproved, at the time of solicitation are eligible to bid or propose.

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 FTA of the United States Department of Transportation (“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 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

1. CAPITALIZED TERMS. Capitalized terms not otherwise defined herein have the meaning given to them in Section VI, Definitions. All other terms not defined herein shall be interpreted as defined in the version of the FTA Master Agreement incorporated into the applicable Award (if any) or, if not defined in the FTA Master Agreement, as defined in applicable federal law, Broward County FTA Funding Supplement (09.23.26) Page 4 of 50 federal regulation, the Contract, or the Broward County Administrative Code or Broward County Code of Ordinances, as applicable.

2. ORDER OF PRIORITY. Termination rights and obligations are detailed in the Contract, including any addenda or subsequent amendments to the Contract. In the event of a conflict, inconsistency, or ambiguity, applicable federal law, the FTA Master Agreement incorporated into the applicable Award, and mandatory FTA terms in this FTA Funding Supplement shall control.

Subject to the preceding sentence, the terms of the Contract shall govern.

IV. UPDATES

1. UPDATES TO THE LAW OR FTA REGULATIONS. Contractor shall comply, and shall require its Subcontractors to comply, with federal laws, regulations, requirements, and FTA directives and guidance applicable to the Contract or the Award, including applicable changes that take effect by operation of law during the Contract term. Contractor’s failure to comply may constitute a material breach of the Contract.

2. UPDATES TO THE FTA SUPPLEMENT. County may update this FTA Funding Supplement to reflect changes in applicable law, the Standard Terms and Conditions, the FTA Master Agreement incorporated into the Award, grant conditions, or County requirements. A change that applies to the Contract by operation of law or the terms of the Award is binding upon notice to Contractor.

Any other material change shall be implemented by a written amendment executed in accordance with the Contract. References to this FTA Funding Supplement mean the version incorporated into the Contract, as modified by applicable law or written amendment.

V. SUPPLEMENTAL CONTRACT PROVISIONS

PART A: GENERAL CONDITIONS – APPLICABLE TO ALL CONTRACTS

Applicability to Contracts and Flow Down Requirement. The provisions in Part A apply to all Contracts. Contractor shall include each Part A clause in each subcontract, purchase order, or other lower-tier agreement at the tier or tiers required by applicable federal law, the FTA Master Agreement, or the specific flow-down language of the clause. No provision shall be modified except as necessary to identify the lower-tier participant subject to the provision.

1. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT

Contractor shall not obligate or expend Federal Assistance to procure or obtain covered telecommunications equipment or services; extend or renew a contract to procure or obtain covered telecommunications equipment or services; or enter into, extend, or renew a contract to procure or obtain covered telecommunications equipment or services, as prohibited by 2 C.F.R. § 200.216, 2 C.F.R. Part 200, Appendix II(K), and Section 889 of Public Law 115-232.

Contractor shall comply with 2 C.F.R. § 200.471 and shall include the substance of this provision in all subcontracts, purchase orders, and other lower-tier agreements funded in whole or in part with Federal Assistance.

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2. INCORPORATION OF FTA TERMS

The provisions within this FTA Supplement include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the Contract’s provisions.

Contractor must comply with the requirements of FTA Circular 4220.1G, as amended, that are applicable to Contractor’s performance of this Contract. 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 that would cause a violation of the FTA terms and conditions.

3. IMPLEMENTATION

3.01. The Recipient’s Extension of Federal Requirements and Guidance to Third-Party Participants. Contractor will comply with applicable federal requirements and follow all applicable Federal Guidance.

3.02. Notice to Third-Party Participants.

(a) Federal requirements that apply to County or the Award, the accompanying

Contract, and any Amendments thereto may change due to changes in federal law, regulation, other requirements, or guidance, or changes in the Contract including any information incorporated by reference and made part of that Contract; and

(b) Applicable changes to those federal requirements will apply to the Contract and any Third-Party Agreements and parties thereto at any tier.

3.03. 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 express written consent by the Federal Government.

4. ETHICS, POLITICAL ACTIVITY, DISQUALIFICATION, AND CERTAIN CRIMINAL ACTIVITY

4.01. Standards of Conduct. Any Subrecipient will establish and maintain written Standards of Conduct covering conflicts of interest in accordance with the FTA Master Agreement.

4.02. Lobbying Restrictions.

(a) 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

Broward County FTA Funding Supplement (09.23.26) Page 6 of 50 the Contract or any extension or modification, according to the following: (i) the Byrd Anti- Lobbying Amendment, 31 U.S.C. § 1352, as amended; (ii) U.S. DOT regulations, “New Restrictions on Lobbying,” 49 C.F.R. Part 20, to the extent consistent with 31 U.S.C. § 1352, as amended; and

(iii) 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; and

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

4.03. False or Fraudulent Statements or Claims.

(a) Civil Fraud. Contractor acknowledges that the provisions of 31 U.S.C. § 3801, et seq., and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 C.F.R. Part 31, apply to Contractor’s actions pertaining to this Contract.

(i) 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 that Contractor provides to County or the Federal Government.

(ii) In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on Contractor to the extent the Federal Government deems appropriate.

(b) Criminal Fraud. Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal Assistance originally awarded by FTA under authority of 49 U.S.C. § 5307, the Federal Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C.

§ 5307(n)(1) on Contractor, to the extent the Federal Government deems appropriate.

(c) Contractor also agrees to include the requirements of this section in all

Subcontracts issued pursuant to this Contract.

4.04. Trafficking in Persons.

(a) Definitions. Terms used in this Section have the definitions given to them in

Section 4(f)(2) of the FTA Master Agreement.

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(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; (ii) comply with the terms of Section 4(f) of the FTA Master Agreement, and (iii) 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.

(d) Notwithstanding anything to the contrary in the Contract, FTA may suspend or terminate Federal Assistance in accordance with Section 106(g) of the TVPA, as amended, 22 U.S.C. section 7104(g), and 2 C.F.R. Part 175. County may thereafter exercise any remedy available under the Contract or applicable law, including termination of the Contract. County shall not be liable for Contractor’s costs or losses resulting from an FTA suspension or termination, except to the extent expressly required by the Contract or applicable law.

4.05. Federal Tax Liability and Recent Felony Convictions.

(a) Contractor has provided to County a certification that Contractor (i) does not have any unpaid federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (ii) was not convicted of the felony criminal violation under any federal law within the preceding 24 months.

(b) Contractor agrees to require all Third-Party Participants to flow this requirement down to participants at all lower tiers, without regard to the value of any subagreement.

4.06. Debarment and Suspension.

(a) If this is a “covered transaction”, Contractor is not, and no principal of Contractor is suspended, debarred, or otherwise excluded from participating in covered transactions, except as authorized by (i) U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 C.F.R.

Part 1200; (ii) U.S. OMB regulatory guidance, “Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” 2 C.F.R. Part 180; and (iii) other applicable federal laws, regulations, or requirements regarding participation with debarred or suspended Recipients or Third-Party Participants.

(b) Contractor will comply with the provisions of Section 4(h) of the FTA Master

Agreement that apply to Third-Party Participants.

(c) Contractor submitted to County with its bid or proposal the Government-Wide

Debarment and Suspension Certification. Contractor shall also require its covered Subcontractors

Broward County FTA Funding Supplement (09.23.26) Page 8 of 50 to certify compliance with this provision and provide to County a signed Government-Wide Debarment and Suspension Certification for each covered Subcontractor.

5. RECORD RETENTION AND ACCESS TO SITES OF PERFORMANCE

5.01. Types of Records. 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.

5.02. Retention Period. Contractor shall comply with 2 C.F.R. section 200.334 and the record-retention requirements of the FTA Master Agreement incorporated into the applicable Award. Contractor shall retain all records pertaining to the Contract until at least three years after County submits the final expenditure report for the Award and all litigation, claims, audits, negotiations, or other pending matters involving the records are resolved and final action is taken. Contractor shall retain records for any longer period required by applicable law, the Award, or the Contract. Closeout of the Award does not alter the record-retention or access requirements of this Record Retention and Access to Sites of Performance section.

5.03. Access to Records and Sites of Performance. Contractor agrees that it shall, and shall require its Subcontractors at each tier, if any, to:

(a) Provide sufficient access to inspect and audit records and information, including such records and information Contractor or its Subcontractors may regard as confidential or proprietary, related to its Award, the accompanying Contract, and any Amendments thereto to the U.S. Secretary of Transportation or the Secretary’s duly authorized representatives, to the Comptroller General of the United States, and the Comptroller General’s duly authorized representatives, and to County.

(b) Permit those individuals listed above to inspect all work and materials related to its Award, and to audit any information related to its Award under the control of Contractor or Subcontractors within books, records, accounts, or other locations.

(c) Otherwise comply with 49 U.S.C. § 5325(g), and federal access to records requirements as set forth in the applicable U.S. DOT Common Rules.

5.04. Access to the Sites of Performance. Contractor shall permit FTA to have access to the sites of performance of its Award, the accompanying Contract, and any Amendments thereto, and to make site visits as needed in compliance with the U.S. DOT Common Rules.

5.05. Closeout. Closeout of the Award does not alter the record retention or access requirements of this section.

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6. CIVIL RIGHTS

6.01. Civil Rights Requirements. Contractor and Subcontractors shall not discriminate on the basis of race, color, sex, religion, national origin, disability, age, marital status, political affiliation, pregnancy, or any other basis prohibited by applicable law in the performance of this Contract. Contractor shall include the foregoing or similar language in its contracts with all Subcontractors, except that any project assisted by U.S. Department of Transportation funds shall comply with the nondiscrimination requirements in 49 C.F.R. Parts 23 and 26.

6.02. Nondiscrimination in Federal Public Transportation Programs. Contractor shall, and shall require that each Subcontractor will:

(a) Prohibit discrimination based on race, color, religion, national origin, sex

(including sexual orientation), disability, or age.

(b) Prohibit the (i) 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 identified in 49 U.S.C. § 5332, including discrimination in employment or a business opportunity identified in 49 U.S.C. § 5332.

(c) Follow (i) the most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance, but (ii) 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.

6.03. Nondiscrimination – Title VI of the Civil Rights Act. Contractor shall, and shall require that each Subcontractor will:

(a) Prohibit discrimination based on race, color, or national origin;

(b) Comply with (i) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. §

2000d, et seq., (ii) DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964,” 49 C.F.R.

Part 21, including any amendments thereto; and (iii) federal transit law, specifically 49 U.S.C. § 5332; and

(c) Follow (i) the most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance; (ii) U.S. DOJ “Guidelines for the enforcement of Title VI, Civil Rights Act of 1964,” 28 C.F.R. § 50.3; and (iii) all other applicable Federal Guidance that may be issued.

6.04. Equal Employment Opportunity.

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(a) 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: (i) comply with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq.; (ii) comply with Title I of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. §§ 12101, et seq.; (iii) comply with federal transit law, specifically 49 U.S.C. § 5332, as provided in section 12 of the FTA Master Agreement; (iv) comply with FTA Circular

4704.1 “Equal Employment Opportunity (“EEO”) Requirements and Guidelines for Federal Transit Administration Recipients;” and (v) follow other Federal Guidance pertaining to EEO laws, regulations, and requirements.

(b) 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.”

6.05. Disadvantaged Business Enterprise. Contractor will facilitate participation by small business concerns owned and controlled by socially and economically disadvantaged individuals, also referred to as “Disadvantaged Business Enterprises” (“DBEs”), in accordance with 49 C.F.R.

Part 26 and this FTA Funding Supplement.

6.06. Subrecipient/Third-Party Contractor/Third-Party Subcontractor Assurance.

(a) Contractor agrees to the following assurance and will include the following assurance in each agreement with its Subcontractors:

(i) The Subrecipient, each Third-Party Contractor, and each Third-Party Subcontractor must not discriminate based on race, color, national origin, or sex in the award and performance of any FTA or U.S. DOT-assisted subagreement, third-party contract, and third-party subcontract, as applicable, and the administration of its DBE program or the requirements of 49 C.F.R. Part 26;

(ii) The Subrecipient, each Third-Party Contractor, and each Third-Party

Subcontractor must take all necessary and reasonable steps under 49 C.F.R. Part 26 to ensure nondiscrimination in the award and administration of U.S. DOT-assisted subagreements, third-party contracts, and third-party subcontracts, as applicable;

(iii) Failure by the Subrecipient and any of its Third-Party Contractors or Third-

Party Subcontractors to carry out the requirements of this subparagraph is a material breach of this subagreement, third-party contract, or third-party subcontract, as applicable; and

(iv) The following remedies, or such other remedy as the Recipient deems appropriate, include but are not limited to withholding monthly progress payments, assessing sanctions, liquidated damages, and/or disqualifying

Broward County FTA Funding Supplement (09.23.26) Page 11 of 50 the Subrecipient, Third-Party Contractor, or Third-Party Subcontractor from future bidding as non-responsible.

(b) Remedies. FTA or U.S. DOT may impose sanctions for violations as provided for under 49 C.F.R. Part 26, and, in appropriate cases, refer the matter for enforcement under either or both 18 U.S.C. § 1001, and/or the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. § 3801, et seq.

6.07. 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) Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681, et seq.; (ii) U.S. DOT regulations, “Nondiscrimination of the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,” 49 C.F.R. Part 25; and (iii) federal transit law, specifically 49 U.S.C. § 5332.

6.08. 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 C.F.R. Part 1625; (iii) The Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq.; (iv) U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. Part 90; and (v) federal transit law, specifically 49 U.S.C. § 5332.

6.09. Nondiscrimination on the Basis of Disability. Contractor agrees to, and assures that its Subcontractors will, comply with federal law, regulations, and guidance prohibiting 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; DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 C.F.R. Part 37; U.S. DOT regulations, “Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting from Federal Financial Assistance,” 49 C.F.R. Part 27; Joint U.S. Architectural Barriers and Compliance Board (“U.S.

ATBCB”) and DOT regulations, “Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,” 49 C.F.R. Part 38; DOT regulations, “Transportation for Individuals with Disabilities: Passenger Vessels,” 49 C.F.R. Part 39; U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities,” 28 C.F.R. Part 36;

U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 C.F.R. Part 1630; U.S. Federal Communications Commission regulations, “Telecommunications Relay Services and Related Customer Premises Equipment for Persons with Disabilities,” 47 C.F.R. Part 64, subpart F; U.S. ATBCB regulations, “Electronic and Information Technology Accessibility Standards,” 36 C.F.R. Part 1194; 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.

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6.10. 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.

6.11. 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 C.F.R. § 42.405(d), and applicable U.S. Department of Justice guidance.

6.12. 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 statutory and public policy requirements, including but not limited to those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination.

6.13. Other Nondiscrimination Laws, Regulations, Requirements, and Guidance.

Contractor agrees to comply with other applicable federal nondiscrimination laws, regulations, and requirements, and to follow Federal Guidance prohibiting discrimination.

6.14. 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)

7.01. Overview. Certified Disadvantaged Business Enterprises, as defined in 49 C.F.R.

Part 26, shall have an equal opportunity to participate in the Contract and any other DOT-assisted contract.

7.02. Solicitation Requirements. As part of its solicitation, Contractor is required to submit the Bidders List Form.

7.03. DBE Participation. 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 DOT and County. 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 any documented noncompliance with DBE requirements on any other contract (including previous contracts) with County.

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7.04. Nondiscrimination. Contractor, Subrecipient or Subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract.

Contractor shall carry out applicable requirements of 49 C.F.R. Part 26 in the award and administration of DOT-assisted contracts. Failure by Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the recipient deems appropriate, which may include but is not limited to:

withholding monthly progress payments; assessing sanctions; liquidated damages; and/or Disqualifying Contractor from future bidding as non-responsible.

8. DBE PROGRAM REQUIREMENTS

Flow Down Requirements: Flows Down to Contractor and its Subcontractors at every tier.

The following requirements apply to Contractor, Subcontractors, and its employees:

8.01. In accordance with 49 C.F.R. Part 26, County has established a DBE program (“DBE

Program”). Under the DBE Interim Final Rule effective October 3, 2025, County may not set or apply DBE participation goals on new federally assisted contracts until completion of the recertification process described in 49 C.F.R. § 26.111. During this time period, DBE participation is encouraged but not mandated through numerical goals. If and to the extent a new final rule or additional guidance is issued by the DOT, that final rule and/or guidance shall be automatically incorporated herein to the extent provided in Section IV of this FTA Supplement.

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

8.02. By the tenth day of each month, Contractor shall submit monthly payment reports, using Broward County’s Business Management System (available at https://broward.gob2g.com), reflecting payments made to Subcontractors during the preceding month. County will utilize the monthly payment reports to monitor Contractor’s progress toward achieving DBE Program requirements. County, acting through its Contract Administrator and/or OESBD, may conduct onsite reviews of Contractor to the extent County determines appropriate to monitor Contractor’s progress toward achieving DBE Program requirements.

8.03. For further information regarding the DBE Program requirements, contact OESBD at (954) 357-6400. All forms may be downloaded from the OESBD website:

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

9. CONTRACT COMPLIANCE MONITORING

9.01. 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 DBE https://www.transit.dot.gov/dbe https://www.transportation.gov/civil-rights/disadvantaged-business-enterprise https://broward.gob2g.com/ https://www.broward.org/ECONDEV/SMALLBUSINESS/Pages/compliance.aspx

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Program requirements, including but not limited to records of expenditures, invoices, and contracts 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, and the Comptroller General of the United States, to inspect and audit all data and records of Contractor relating to its performance under the DBE Program provisions of the Contract.

(c) Maintain all data and records pertaining to its DBE participation for the period required by the Record Retention and Access to Sites of Performance Section and applicable law.

10. PROMPT PAYMENT TO SUBCONTRACTORS

In accordance with 49 C.F.R. § 26.29, Contractor shall pay its Subcontractors in accordance with this section, provided, however, that if another portion of the Contract places more stringent payment requirements upon Contractor, the more stringent requirements shall apply.

10.01. Prompt Payment (Construction). This section only applies if the Contract is for construction services. Contractor must pay Subcontractors and suppliers for satisfactory performance of their contracts within ten (10) days after receipt of each payment from County for such subcontracted work or supplies. If County does not hold retainage from Contractor, Contractor shall release any retainage withheld from a Subcontractor or supplier within ten (10) days after that Subcontractor’s or supplier’s work is satisfactorily completed. If County holds retainage from Contractor, Contractor shall release corresponding retainage to the Subcontractor or supplier within ten (10) days after Contractor receives County’s retainage payment for the accepted work. Failure to pay a Subcontractor or supplier in accordance with this subsection shall be a material breach of the Contract, unless Contractor demonstrates to County’s satisfaction that such failure to pay results from a bona fide dispute with the Subcontractor or supplier and, further, Contractor promptly pays the applicable amount(s) to the Subcontractor or supplier upon resolution of the dispute. Contractor shall include requirements substantially similar to those set forth in this subsection in its contracts with Subcontractors and suppliers. When County holds retainage, County will provide for prompt and regular incremental acceptance of portions of the prime Contract and will release applicable retainage based on those acceptances; the work of a Subcontractor covered by an incremental acceptance is deemed satisfactorily completed. For purposes of this provision, a Subcontractor’s work is satisfactorily completed when all the tasks called for in the subcontract have been accomplished and documented as required by County.

10.02. Prompt Payment (Non-Construction). This section only applies if the Contract is not for construction services. Contractor must pay Subcontractors and suppliers for satisfactory performance of their contracts within 15 days after receipt of payment from County for such subcontracted work or supplies. If County does not hold retainage from Contractor, Contractor shall release any retainage withheld from a Subcontractor or supplier within 15 days after that Subcontractor’s or supplier’s work is satisfactorily completed. If County holds retainage from Contractor, Contractor shall release corresponding retainage to the Subcontractor or supplier within 15 days after Contractor receives County’s retainage payment for the accepted work.

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Failure to pay a Subcontractor or supplier in accordance with this subsection shall be a material breach of the Contract, unless Contractor demonstrates to County’s satisfaction that such failure to pay results from a bona fide dispute with the Subcontractor or supplier and, further, Contractor promptly pays the applicable amount(s) to the Subcontractor or supplier upon resolution of the dispute. Contractor shall include requirements substantially similar to those set forth in this subsection in its contracts with Subcontractors and suppliers. When County holds retainage, County will provide for prompt and regular incremental acceptance of portions of the prime Contract when practicable and will release applicable retainage based on those acceptances; the work of a Subcontractor covered by an incremental acceptance is deemed satisfactorily completed. For purposes of this provision, a Subcontractor’s work is satisfactorily completed when all the tasks called for in the subcontract have been accomplished and documented as required by County.

11. 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.

11.01. 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.

11.02. 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 C.F.R. §§ 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.

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

Broward County FTA Funding Supplement (09.23.26) Page 16 of 50 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.

11.04. 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.

12. TERMINATION

12.01. Termination Following FTA Action under TVPA. FTA may suspend or terminate Federal Assistance or the applicable grant, cooperative agreement, or other underlying award agreement in accordance with applicable federal law. Following such action, County may exercise any remedy available under the Contract or applicable law, including termination of the Contract.

County shall not be liable for Contractor’s costs or losses resulting from FTA’s action, except to the extent expressly required by the Contract or applicable law.

12.02. Termination for Convenience (General Provision). County may terminate the

Contract, in whole or in part, at any time by written notice to Contractor when it is in County’s interest. Contractor shall be paid its costs, including Contract close-out costs, and profit on work performed up to the time of termination. Contractor shall promptly submit its termination claim to County. If Contractor has any property in its possession belonging to County, Contractor will account for the same, and dispose of it in the manner County directs.

12.03. Termination for Default [Breach or Cause] (General Provision). If Contractor does not deliver supplies in accordance with the Contract delivery schedule, or if the Contract is for services, Contractor fails to perform in the manner called for in the Contract, or if Contractor fails to comply with any other provisions of the Contract, County may terminate this Contract for default. Termination shall be effected by serving a Notice of Termination on Contractor setting forth the manner in which Contractor is in default. Contractor will be paid only the Contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the Contract. If it is later determined by County that Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of Contractor, County, after setting up a new delivery of performance schedule, may allow Contractor to continue work, or treat the termination as a Termination for Convenience.

12.04. Opportunity to Cure (General Provision). County, in its sole discretion may, in the case of a termination for breach or default, allow Contractor an appropriately short period of time in which to cure the defect. In such case, the Notice of Termination will state the time period in which cure is permitted and other appropriate conditions. If Contractor fails to remedy to County’s satisfaction the breach or default of any of the terms, covenants, or conditions of this

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Contract within 10 days after receipt by Contractor of written notice from County setting forth the nature of said breach or default, County shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude County from also pursuing all available remedies against Contractor and its sureties for the breach or default.

12.05. Waiver of Remedies for any Breach. In the event that County elects to waive its remedies for any breach by Contractor of any covenant, term or condition of the Contract, such waiver by County shall not limit County’s remedies for any succeeding breach of that or of any other covenant, term, or condition of the Contract.

12.06. Termination for Convenience (Professional or Transit Service Contracts). County, by written notice, may terminate the Contract, in whole or in part, when it is in County’s interest.

If the Contract is terminated, County shall be liable only for payment under the payment provisions of the Contract for services rendered before the effective date of termination.

12.07. Termination for Default (Supplies and Service). If Contractor fails to deliver supplies or to perform the services within the time specified in the Contract or any extension, or if Contractor fails to comply with any other provisions of the Contract, County may terminate the Contract for default. County shall terminate by delivering to Contractor a Notice of Termination specifying the nature of the default. Contractor will only be paid the Contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in the Contract. If, after termination for failure to fulfill Contract obligations, it is determined that Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of County.

12.08. Termination for Default (Transportation Services). If Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in the Contract or any extension, or if Contractor fails to comply with any other provisions of the Contract, County may terminate the Contract for default. County shall terminate by delivering to Contractor a Notice of Termination specifying the nature of default. Contractor will only be paid the Contract price for services performed in accordance with the manner of performance set forth in the Contract. If the Contract is terminated while Contractor has possession of County goods, Contractor shall, upon direction of County, protect and preserve the goods until surrendered to County or its agent.