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accordance with the Energy Policy and Conservation Act, as amended, 42 U.S.C. §§ 6321 et <br />seq., except to the extent that the Department determines otherwise in writing. <br />Section 19. Charter Service Operations. <br />FTA defines charter service as transportation using vehicles (buses or vans), equipment, <br />or facilities funded under the Federal Mass Transit Act for a group of persons who pursuant to a <br />common purpose, under a single contract, at a fixed charged for the vehicle or service, have <br />acquired the exclusive use of the vehicle or service to travel together under an itinerary either <br />specified in advance or modified after having left the place of origin. <br />The Contractor acknowledges that Federal and State requirements prohibit the use of <br />vehicles, facilities, equipment, and supplies funded by Federal or State grant programs for the <br />provision of charter services unless it is determined that there are no willing and able charter <br />operators in the service area. Federal law does not provide exceptions to these regulations for <br />vehicles that are loaned or leased to other agencies or entities. <br />The Contractor agrees that neither it nor any public transportation operator performing <br />work in connection with a Project financed under 49 U.S.C. chapter 53 will engage in charter <br />service operations, except as authorized by 49 U.S.C. § 5323(d) and FTA regulations, "Charter <br />Service," 49 C.F.R. Part 604, and any subsequent Charter Service regulations or FTA directives <br />that may be issued, except to the extent that the Department determines otherwise in writing. <br />Any charter service agreement required by FTA regulations is incorporated by reference and <br />made part of this Agreement for the Project. The Contractor understands and agrees that in <br />addition to any remedy specified in the charter service agreement, if a pattern of violations of <br />that agreement is found, the violator will be barred from receiving Federal or State transit <br />assistance in an amount to be determined by the Department. <br />Section 20. School Transportation Operations. The Contractor agrees that neither it nor <br />any public transportation operator performing work in connection with a Project financed with <br />Federal or State funds will engage in school transportation operations for the transportation of <br />Project 07-US-056 Page 41 of 49 <br />Orange County <br />