RES-2012-008 Resolution authorizing the submission of grant application for the Community Transportation Program for FY 2013

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State Fiscal Year 2013 Public Transportation Programs Federal and State Assistance Certifications and Assurances It will not use FederaUState funding authorized under 49 U.S.C. chapter 53 to fmance the cost of leasing any capital asset until: a. It performs calculations demonstrating that leasing the capital asset would be more cost-effective than. purchasing or constructing a similar asset, and b. It completes these calculations before the later o£ (1) Entering into the lease, or (2) Receiving a capital grant for the asset, and It will not enter into a capital lease for which FTA/NCDOT can provide only incremental FederaUState funding unless it has adequate fmancial resources to meet its future lease obligations if FederaUState funding is not available. 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 or newly configured bus or a bus with new majo~° components is required to provide the following certification by selecting Category "08. " The Applicant certifies that: 1. It will comply with Federal transit law, specifically 49 U.S.C. 5318, 2. FTA regulations, "Bus Testing," 49 CFR part 665, specifically 49 CFR 665.7, requires that a. Before: (1) Spending any Federal (or State) funds to acquire: (a) The first bus of any new bus model, (b) The first bus with a new major change in configuration or components, or (2) Authorizing final acceptance of a new bus model or a bus model with a major change in components or configuration: b. It will: (1) Ensure that the bus model has been tested at FTA's bus testing facility, and (2) Have received a copy of the test report prepared on the bus model. 09. CHARTER SERVICE AGREEMENT You must enter in this Charter Service Agreement by selecting Category "09" ifyou apply for State or Federal assistance to acquire or operate transit facilities and equipment, zmless you quay for an exception under Federal law and regulations. As required by 49 U.S.C. 5323(d) and (g) and FTA regulations, "Charter Service," 49 CFR part 604, specifically 49 CFR 604.4, the Applicant understands and agrees that: 1. Except in certain circumstances described in its regulations, FTA's "Charter Service" regulations restrict transportation by charter service using facilities and equipment acquired by FTA for transportation projects with Federal funding derived from: (1) Federal transit laws, 49 U.S.C. chapter 53, or (2) 23 U.S.C. §§ 133 or 142, 2. FTA's charter service restrictions extend to: a. The Applicant when it becomes a recipient of Federal funding under: (1) Federal transit laws, 49 U.S.C. chapter 53, or (2) 23 U.S.C. §§ 133 or 142, b. Any third party participant that receives Federal funding derived from: (1) Federal transit laws, 49 U.S.C. chapter 53, or (2) 23 U.S.C. §§ 133 or 142, c. A third party participant includes a: (1) Subrecipient at any tier, (2) Lessee, 11