2018-721 OPT - NCDOT FY 19 CTP 5311 grant agreement

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Public Transportation Employee Protective Arrangements , The Subrecipient agrees to comply with the following employee protective arrangements of 49 USC § 5333 ( b ) : 1 . Sections 5307 and 5339 . Under this Agreement or any Amendments thereto that involve public transportation operations that are supported with 49 USC § 5307 or 49 USC § 5339 federal assistance , a certification issued by U . S . DOL is a condition of the Contract . 1 2 . Section 5311 . When the Agreement involves public transportation operations and is j supported with federal assistance appropriated or made available for 49 USC § 5311 , j U . S . DOL will provide a Special Warranty for its Award . The U . S . DOL Special Warranty I s a condition of the Agreement . 3 . Section 5310 . The conditions of 49 USC § 5333 ( b ) do not apply to Subrecipients providing public transportation operations pursuant to 49 USC 5310 . FTA reserves the right to make case - by- case determinations of the applicability of 49 USC § 5333 ( b ) for all transfers of funding authorized under title 23 , United States Code (flex funds ) , and make other exceptions as it deems appropriate , and , in those instances , any special arrangements required by FTA will be incorporated herein as required . Charter Service . The Subrecipient agrees to comply with 49 USC 5323 ( d ) , 5323 ( r) , and 49 CFR part 604. , which provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service , except as permitted under : 1 . Federal transit laws , specifically 49 USC § 5323 ( d ) ; 2 . FTA regulations , " Charter Service , " 49 CFR part 604 ; 3 . Any other federal Charter Service regulations ; or 4 . Federal guidance , except as FTA determines otherwise in writing . if it engages in a pattern of violations of FTA ' s Charter The Subrecipient agrees that Service regulations , FTA may require corrective measures or impose remedies on it . These corrective measures and remedies may include : 1 . Barring it or any subcontractor operating public transportation under its Award that has provided prohibited charter service from receiving federal assistance from FTA ; 2 . Withholding an amount of federal assistance as provided by Appendix D to part 604 of FTA ' s Charter Service regulations ; or 3 . Any other appropriate remedy that may apply . The Subrecipient should also include the substance of this clause in each subcontract that may involve operating public transit services . NCDOT PTD Federal Agreement Page 19 of 23 Revised 6/28/2018