RES-2010-022 Resolution for Community Transportation Program Funding Section 5311

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State Fiscal Year 2011 Community Transportation Programs Federal and State Assistance Certifications and Assurance 12 As required by FTA regulations, "Capital Leases," 49 CFR part 639, at 49 CFR 639.15(b)(1) and 44 CFR 639.21, if the Applicant acquires any capital asset by lease fmanced with Federal assistance authorized under 49 U.S.C. • chapter 53, the Applicant certifies as follows: (1) It will not use Federal assistance authorized under 49 U.S.C. chapter 53 to fmance the cost of leasing any capital asset until it performs calculations demonstrating that leasing the capital asset would be more cost- effective than purchasing or constructing a similaz asset; and it will complete these calculations before entering into the lease or before receiving a capital grant for the asset, whichever is later; and (2) It will not enter into a capital lease for which FTA can provide only incremental Federal assistance unless it has adequate fmancial resources to meet its future obligations under the lease if Federal assistance is not available for capital projects in the subsequent years. 08. BUS TESTING An Applicant for State or Federal assistance appropriated or made available for 49 U.S.C. chapter 53 to acquire any new bus model or any bus model with a new major change in configuration or components is required to provide the following certification. NCDOT may not provide State or Federal assistance for the acquisition of any new bus model or bus model with a major change until the Applicant provides this certification by selecting -Category "08. " As required by 49 U.S.C. 5318 and FTA regulations, "Bus Testing," at 49 CFR 665.7, the Applicant certifies that, before expending any Federal assistance to acquire the fast bus of any new bus model or any bus model with a new major change in configuration or components, or before authorizing final acceptance of that bus (as described in 49 CFR part 665): A. The bus model will have been tested at FTA's bus testing facility; and B. The Applicant will have received a copy of the test report prepazed on the bus model. 09. CHARTER SERVICE AGREEMENT • An Applicant seeking State or Federal assistance authorized under 49 U.SC. chapter 53 (except as permitted by 49 CFR 604.2), or under 23 U.S.C. 133 or 142, to acquire or operate arty public transportation equipment or facilities is required to enter into the following Charter Service Agreement. NCDOT may not provide State or Federal assistance authorized under 49 U.SC. chapter 53 (except as permitted by 49 CFR 604.2), or under 23 U.S.C.133 or 142, for such projects until the Applicant enters into this Charter Service Agreement by selecting Category "09. " A. As required by 49 U.S.C. 5323(d) and (g) and FTA regulations at 49 CFR 604.4, the Applicant understands and agrees that it and each subrecipient, lessee, third party contractor, or other participant in the project at any tier may provide charter service for transportation projects that uses equipment or facilities acquired with Federal assistance authorized under the Federal transit laws (except as permitted by 49 CFR 604.2), or under 23 U.S.C. 133 or 142, only in compliance with those laws and FTA regulations, "Charter Service," 49 CFR part 604, the terms and conditions of which are incorporated herein by reference. B. The Applicant understands and agrees that: (1) The requirements of FTA regulations, "Charter Service," 49 CFR part 604, will apply to any charter service it or its subrecipients, lessees, third party contractors, or other participants in the project provide, (2) The definitions of FTA regulations, "Charter Service," 49 CFR part 604, will apply to this Charter Service Agreement, and (3) A pattern of violations of this Charter Service Agreement may require corrective measures and imposition of remedies, including barring the Applicant, subrecipient, lessee, third party contractor, or other participant in the project that has engaged in that pattern of violations from receiving State or FTA financial assistance, or withholding an amount of State and/or Federal assistance as set forth in FTA regulations, "Charter Service," 49 CFR part 604, Appendix D. •