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Standard Agreement DOT -213
<br />EXHIBIT C
<br />City of Santa Ana
<br />642,572
<br />Page 16 of 29
<br />Government before the CONTRACTOR or its employees operate a system of records on behalf of the
<br />Federal Government. The CONTRACTOR understands that the requirements of the Privacy Act,
<br />including the civil and criminal penalties for violation of that Act, apply to those individuals involved and
<br />that failure to comply with the terms of the Privacy Act may result in termination of the underlying
<br />Agreement.
<br />B. The CONTRACTOR also agrees to include these requirements in each subcontract to administer any
<br />system of records on behalf of the Federal Government financed in whole or in part with Federal
<br />assistance provided by FTA.
<br />37. Drua -Free Workplace, The CONTRACTOR certifies by signing this Agreement that it will provide a drug -
<br />free workplace, and shall establish policy prohibiting activities involving controlled substances In
<br />compliance with Government code Section 8355, et seq. The CONTRACTOR is required to include the
<br />language of this certification in award documents for all sub- awards at all tiers (Including subcontracts,
<br />contracts under grants, and cooperative agreements) and that all subrecipients shall certify and disclose
<br />accordingly, To the extent the CONTRACTOR, any third -party contractor at any tier, any subrecipient at
<br />any tier, or their employees, perform a safety sensitive function under the PROJECT, the CONTRACTOR
<br />agrees to comply with, and assure the compliance of each affected third -party contractor any tier, each
<br />affected subreciplent at any tier, and their employees with 49 U.S.C. Section 5331, and FTA regulations,
<br />"Prevention of Alcohol Misuse and Prohibited Drug use in Transit Operations," 49 CFR Part 655,
<br />38. Charter Service Operations, The CONTRACTOR agrees to comply with 49 U.S.G. Section 5323(d) and
<br />49 CFR Part 604, which provides that recipients and subrecipients of FTA assistance are prohibited from
<br />providing charter service using federally funded equipment or facilities if there is at least one private
<br />charter operator willing and able to provide the service, except under one of the exceptions listed at 49
<br />CFR- Subpart B. Any charter service provided under one of the exceptions must be "incidental," i.e., it
<br />must not Interfere with or detract from the provision of mass transportation. The CONTRACTOR assures
<br />and certifies that the revenues generated by its incidental charter bus operations (if any) are, and shall
<br />remain, equal to or greater than the cost (including depreciation on Federally assisted equipment) of
<br />providing the service. The CONTRACTOR understands that the requirements of 49 CFR part 604 will
<br />apply to any charter service provided, the definitions in 49 CFR part 604 apply to this agreement, and any
<br />violation of this agreement may require corrective measures and the imposition of penalties, including
<br />debarment from the receipt of further Federal assistance for transportation.
<br />39. School Bus Operations. Pursuant to 49 U.S.C. 5323(F) and 49 CFR Part 605, the CONTRACTOR agrees
<br />that it and all its subcontractors will: (1) engage in school transportation operations in competition with
<br />private school transportation operators only to the extent permitted by an exception provided by 49 US.C.
<br />5323 (f) and implementing regulations, and (2) comply with requirements of 49 CFR part 605 before
<br />providing any school transportation using equipment or facilities acquired with Federal assistance awarded
<br />by FTA and authorized by 49 U.S.C. Chapter 53 or Title 23 U.S.C. for transportation projects. The
<br />CONTRACTOR understands that the requirements of 49 CFR part 605 will apply to any school
<br />transportation it provides, that the definitions of 49 CFR part 605 apply to any school transportation
<br />agreement, and a violation of this agreement may require corrective measures and the imposition of
<br />penalties, including debarment from the receipt of further Federal assistance for transportation.
<br />40. Use of $1 Coins. As applicable, and to comply with Section 104 of the Presidential $1 Coin Act of 2006,
<br />31 U.S.C. Section 5312(p), the CONTRACTOR must ensure that FTA assisted property that requires the
<br />use of coins or currency in public transportation service or supporting service be fully capable of accepting
<br />and dispensing $1 coins.
<br />41. Protection of Animals. The CONTRACTOR must ensure that all third -party contractors providing services
<br />involving the use of animals must comply with the Animal Welfare Act, 7 U.S.C. Sections 2131 at seq. and
<br />Department of Agriculture regulations, "Animal Welfare," 9 CFR Subchapter A, Parts 1,2,3, and 4.
<br />lak Rev, 03125/2014
<br />20A -21
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