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Agenda - 02-05-2008-5a
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Agenda - 02-05-2008-5a
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Last modified
7/27/2009 10:37:34 AM
Creation date
8/28/2008 9:35:53 AM
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BOCC
Date
2/5/2008
Document Type
Agenda
Agenda Item
5a
Document Relationships
Minutes - 20080205
(Linked To)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2008
RES-2008-012a Community Transportation Program Resolution
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2000-2009\2008
S Grant - NC Community Transportation Program CTP Administrative & Capital Grant Application 2008-2009
(Linked From)
Path:
\Board of County Commissioners\Contracts and Agreements\BOCC Grants\2000 - 2009\2008\2008 Grants
S Grant - NC Department of Transportation FY09-5311 CT Grant Program
(Linked From)
Path:
\Board of County Commissioners\Contracts and Agreements\BOCC Grants\2000 - 2009\2008\2008 Grants
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(2) State Government Direction. The Contractor agrees that ttie <br />Department may direct the disposition of, and even require the Contractor to transfer title to <br />any Project property financed with State assistance under this Agreement. <br />(3) Leasing Project Property to Another Party. <br />(a) General. Prior to entering into any third party contract for leasing <br />Project property to another party, the Contractor agrees to obtain approval from the <br />Department. If the Contractor leases any Project property to another party, the Contractor <br />agrees to retain ownership of the leased Project property, and assure that the lessee will use <br />the Project property appropriately, through a written lease between the Contractor and lessee. <br />The Contractor agrees to use the standard lease agreement form provided by the Department <br />and to provide a copy of the signed, executed lease agreement to the Department. In <br />accordance with Subsection 2g of this Agreement, regardless of assignment of work to be <br />completed under this Project or lease of Project assets to a third party, it is the Contractor's <br />primary responsibility to comply with State requirements of this Agreement and assure the <br />compliance of any third party contractors. <br />(b) Lease of Vehicles. The lease of vehicles acquired with financial <br />assistance authorized for 49 U.S.C. 5311 to any third party is contingent upon approval of the <br />Department. It is allowable to lease vehicles to another Community Transportation System <br />providing general public service in the State of North Carolina, upon approval of the <br />Department. It is also allowable for vehicles to be leased to a third party operator or <br />transportation management company that operates the transit service within acounty/region <br />under contract to the Contractor, upon approval of the Department. The Contractor agrees to <br />use the vehicle lease agreement provided by the Department when vehicles are leased, even <br />if on a short-term basis, to another Community Transportation System or a management <br />company. The Contractor agrees to obtain written approval from the Department before the <br />lease is executed and forward a copy of the signed, executed lease agreement to the <br />Department. The Contractor, as a Community Transportation System, shall not lease vehicles <br />to human service agencies, county agencies/government, community agencies or school <br />systems. The Contractor agrees not to loan vehicle(s) to other agencies/individuals for short- <br />term use, even during hours that the transportation system is not providing service, as the <br />vehicle(s) will generally be used to provide service that is "closed-door," i.e., not open to the <br />general public. <br />h. Disposition of Proiect Property. With prior Department approval, the <br />Contractor may sell, transfer, or lease Project property and use the proceeds to reduce the <br />gross project cost of other eligible capital public transportation projects to the extent permitted <br />by 49 U.S.C. § 5334(h)(4). The Contractor also agrees that the Department shall determine <br />"useful life" for all Project property and that the Contractor will use Project property <br />continuously and appropriately throughout the useful life of that property. Upon the end of the <br />period of useful life, the Contractor may dispose of Project property after notifying and <br />receiving disposition instructions from the Department. <br />(1) Project Property Whose Useful Life Has Expired. When the useful <br />life of Project property has expired, the Contractor agrees to comply with the Department's <br />disposition requirements. <br />(2) Project Property Prematurely Withdrawn from Use. For Project <br />property withdrawn from appropriate use before its useful life has expired, the Contractor <br />agrees as follows: <br />(a) Notification Requirement. The Contractor agrees to notify the <br />Department immediately when any Project property is prematurely withdrawn from appropriate <br />use, whether by planned withdrawal, misuse, or casualty loss. <br />NCDOT/PTD/FM <br />Revised 8/4/2008 Page 20 of 28 <br />
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