Orange County NC Website
Browse       Search
Federal and State laws, regulations, and directives. <br /> (2) Alternative Fueling Facilities. As authorized by 49 U.S.C. § 5323(p), any incidental use of its <br /> federally financed alternative fueling facilities and equipment by non-transit public entities and <br /> private entities will be permitted, only if the: <br /> (a) Incidental use does not interfere with the Contractor's Project or public transportation <br /> operations; <br /> (b) Contractor fully recaptures all costs related to the incidental use from the non-transit public <br /> entity or private entity; <br /> (c) Contractor uses revenues received from the incidental use in excess of costs for planning, <br /> capital, and operating expenses that are incurred in providing public transportation; and <br /> (d) Private entities pay all applicable excise taxes on fuel. <br /> f. Title to Vehicles. The Certificate of Title to all vehicles purchased under the Approved Budget for <br /> this Project shall be in the name of the Contractor. The Department's Public Transportation Division <br /> shall be recorded on the Certificate of Title as first lien-holder. In the event of project termination or <br /> breach of contract provisions, the Contractor shall, upon written notification by the Department, <br /> surrender Project equipment and/or transfer the Certificate(s) of Title for Project equipment to the <br /> Department or the Department's designee. <br /> g. Encumbrance of Project Property. The Contractor agrees to maintain satisfactory continuing <br /> control of Project property as follows: <br /> (1) Written Transactions. The Contractor agrees that it will not execute any transfer of title, lease, <br /> lien, pledge, mortgage, encumbrance, third party contract, subagreement, grant anticipation <br /> note, alienation, innovative finance arrangement (such as a cross border lease, leveraged <br /> lease, or otherwise), or any other obligation pertaining to Project property, that in any way would <br /> affect the continuing Federal and State interest in that Project property. <br /> (2) Oral Transactions. The Contractor agrees that it will not obligate itself in any manner to any <br /> third party with respect to Project property. <br /> (3) Other Actions. The Contractor agrees that it will not take any action adversely affecting the <br /> Federal and State interest in or impair the Contractor's continuing control of the use of Project <br /> property. <br /> h. Transfer of Project Property. The Contractor understands and agrees as follows: <br /> (1) Contractor Request. The Contractor may transfer any Project property financed with Federal <br /> assistance authorized under 49 U.S.C. chapter 53 to a local governmental authority to be used <br /> for any public purpose with no further obligation to the Federal Government, provided the <br /> transfer is approved by the Federal Transit Administrator and conforms with the requirements of <br /> 49 U.S.C. §§ 5334(h)(1) through 5334(h)(3). <br /> (2) Federal/State Government Direction. The Contractor agrees that the Federal or State <br /> Government may direct the disposition of, and even require the Contractor to transfer title to any <br /> Project property financed with Federal/State assistance under this Agreement. <br /> (3) Leasing Project Property to Another Part y. <br /> (a) General. Prior to entering into any third party contract for leasing Project property to <br /> another party, the Contractor agrees to obtain approval from the Department. If the <br /> 05/27/2015 Page 21 of 35 <br />