The School Bus requirements apply to all Operational Service Contracts. The School Bus
<br />requirements flow down from FTA recipients and subrecipients to first tier service contractors,
<br />Pursuant to 69 U.S.C, 5323(f) and 49 CFR Part 605, recipients and subrecipients of FTA
<br />assistance may not engage in school bus operations exclusively for the transportation of
<br />students and school personnel in competition with private school bus operators unless qualified
<br />under specified exemptions. When operating exclusive school bus service under an allowable
<br />exemption, recipients and subrecipients may not use federally funded equipment, vehicles, or
<br />facilities.
<br />33. Drug and Alcohol Testing
<br />The Contractor agrees to comply with the FTA Drug and Alcohol Regulation, 49 CFR 655,
<br />revised October 1, 2005, that implemented 49 U.S.C. § 5331, and any subsequent revisions or
<br />amendments thereto, in establishing and implementing a drug use and alcohol misuse testing
<br />program. This program is to be strictly applied to all safety sensitive employees of the
<br />Contractor for pre - employment, random, reasonable suspicion, post- accident, and return -to -duty
<br />testing, This program takes effect immediately upon the execution of the contract.
<br />34. State and Local Disclaimer
<br />The Owner does not warrant or make any representation as to the accuracy or completeness of
<br />the information, text, graphics, links and other items contained in this document or on this server
<br />or any other server. Such materials have been compiled from a variety of sources and are
<br />subject to change without notice from the State and FTA.
<br />35. Geo ra hic Preference
<br />Procurements shall be conducted in a manner that prohibits the use of statutorily or
<br />administratively imposed in -State or local geographical preferences in evaluation or award of
<br />bids or proposals, except where applicable Federal statutes expressly mandate or encourage
<br />geographic preference. This does not preempt State licensing laws.
<br />36. Incorporation of Federal Transit Administration FTA Terms
<br />The preceding provisions include, in park, certain Standard Terms and Conditions required by
<br />DOT, whether or not expressly set forth in the preceding contract provisions. All contractual
<br />provisions required by DOT, as set forth in FTA Circular 4220.1F, dated November 1, 2008, are
<br />hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA
<br />mandated terms shall be deemed to control in the event of a conflict with other provisions
<br />contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or
<br />refuse to comply with any (name of grantee) requests which would cause (name of grantee) to
<br />be in violation of the FTA terms and conditions.
<br />37. Hold Harmless
<br />Except as prohibited or otherwise limited by State law, the Contractor agrees to indemnify, save,
<br />and hold harmless the Owner of this Contract and its officers, agents, and employees acting
<br />within the scope of their official duties against any liability, including all claims, losses, costs and
<br />expenses accruing or resulting to any other person, firm, or corporation furnishing or supplying
<br />work, services, materials, or supplies in connection with the performance of this contract, and
<br />from any and all claims and losses accruing or resulting to any person, firm, or corporation that
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<br />F -4 Page 148
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