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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 modifred after having left the place of origin. <br />The Contractor acknowledges that Federal and State requirements prohibit the use of <br />vehicles, facilities and equipment funded by Federal or State grant programs for the provision of <br />charter services unless it is determined that there are no willing and able charter operators in <br />the service area. Federal law does not provide exceptions to these regulations for vehicles that <br />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 22. 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 />students or school personnel exclusively in competition with private school transportation <br />operators, except as authorized by 49 U.S.C. §§ 5323(f) or (g), as applicable, and FTA <br />regulations, "School Bus Operations," 49 C.F.R. Part 605, and any subsequent School <br />Transportation Operations regulations or FTA directives that may be issued. Any school <br />transportation operations agreement required by FTA regulations is incorporated by reference <br />07-SC-056 Page 52 of 59 <br />Orange County <br />