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State Fiscal Yeaz 2012 Community Transportation Programs
<br />Federal and State Assistance Certifications and Assurance
<br />major change in configuration or components, or before authorizing final acceptance of that bus (as described in 49
<br />CFR part 665):
<br />A. The bus model will have been tested at FTA's bus testing facility; and
<br />B. The Applicant will have received a copy of the test report prepared on the bus model.
<br />09. CHARTER SERVICE AGREEMENT
<br />An Applicant seeking State or Federal assistance authorized under 49 U.S.C. chapter 53 (except as permitted by 49
<br />CFR 604.2), or under 23 U.S.C. 133 or 142, to acquire or operate any public transportation equipment or facilities
<br />is required to enter into the following Charter Service Agreement. NCDOT may not provide State or Federal
<br />assistance authorized under 49 U.S.C. chapter 53 (except as permitted by 49 CFR 604.2), or under 23 U.S.C.133 or
<br />142, for such projects until the Applicant enters into this Charter Service Agreement by selecting Category "09. "
<br />A. As required by 49 U.S.C. 5323(d) and (g) and FTA regulations at 49 CFR 604.4, the Applicant understands
<br />and agrees that it and each subrecipient, lessee, third party contractor, or other participant in the project at any
<br />tier may provide charter service for transportation projects that uses equipment or facilities acquired with
<br />Federal assistance authorized under the Federal transit laws (except as permitted by 49 CFR 604.2), or under
<br />23 U.S.C. 133 or 142, only in compliance with those laws and FTA regulations, "Charter Service," 49 CFR
<br />part 604, the terms and conditions of which aze incorporated herein by reference.
<br />B. The Applicant understands and agrees that:
<br />(1) The requirements of FTA regulations, "Charter Service," 49 CFR part 604, will apply to any charter
<br />service it or its subrecipients, lessees, third party contractors, or other participants in the project provide;
<br />(2) The definitions of FTA regulations, "Charter Service," 49 CFR part 604, will. apply to this Charter
<br />Service Agreement; and
<br />(3) A pattern of violations of this Charter Service Agreement may require corrective measures and
<br />imposition of remedies, including barring the Applicant, subrecipient, lessee, third party contractor, or
<br />other participant in the project that has engaged in that pattern of violations from receiving State or FTA
<br />financial assistance, or withholding an amount of State andlor Federal assistance as set forth in FTA
<br />regulations, "Charter Service," 49 CFR part 604, Appendix D.
<br />10. SCHOOL TRANSPORTATION AGREEMENT
<br />An Applicant that is seeking State or Federal assistance authorized under 49 U.S.C. chapter 53 or under 23
<br />U.S.C.133 or 142 to acquire or operate public transportation facilities and equipment is required to enter into the
<br />following School Transportation Agreement. NCDOT may not provide State or Federal assistance authorized under
<br />49 U.S.C. chapter 53 or under 23 U.SC.133 or 142 for such projects until the Applicant enters into this School
<br />Transportation Agreement by selecting Category "10. "
<br />A. As required by 49 U.S.C. 5323(f) and (g) and FTA regulations at 49 CFR 605.14, the Applicant understands
<br />and agrees that it and each subrecipient, lessee, third party contractor, or other participant in the project at any
<br />tier may engage in school transportation operations in competition with private school transportation operators
<br />that uses equipment or facilities acquired with Federal assistance authorized under the Federal transit laws or
<br />under 23 U.S.C. 133 or 142, only in compliance with those laws and FTA regulations, "School Bus
<br />Operations," 49 CFR part 605, to the extent consistent with 49 U.S.C. 5323(f) or (g), the terms and conditions
<br />of which are incorporated herein by reference.
<br />B. The Applicant understands and agrees that:
<br />(1) The requirements of FTA regulations, "School Bus Operations," 49 CFR part 605, to the extent
<br />consistent with 49 U.S.C. 5323(f) or (g), will apply to any school transportation service it or its
<br />subrecipients, lessees, third party contractors, or other participants in the project provide;
<br />(2) The definitions of FTA regulations, "School Bus Operations," 49 CFR part 605 will apply to this School
<br />Transportation Agreement; and
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