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DocuSign Envelope ID:63E81679-OC83-4B6C-B9E4-AFBB81985720 <br /> Public Transportation Employee Protective Arrangements. The Subrecipient agrees to <br /> comply with the following employee protective arrangements of 49 USC § 5333(b): <br /> 1. Sections 5307 and 5339. Under this Agreement or any Amendments thereto that <br /> involve public transportation operations that are supported with 49 USC § 5307 or 49 <br /> USC § 5339 federal assistance, a certification issued by U.S. DOL is a condition of the <br /> Contract. <br /> 2. Section 5311. When the Agreement involves public transportation operations and is <br /> supported with federal assistance appropriated or made available for 49 USC § 5311, <br /> U.S. DOL will provide a Special Warranty for its Award. The U.S. DOL Special Warranty <br /> is a condition of the Agreement. <br /> 3. Section 5310. The conditions of 49 USC § 5333(b) do not apply to Subrecipients <br /> providing public transportation operations pursuant to 49 USC § 5310. FTA reserves the <br /> right to make case-by-case determinations of the applicability of 49 USC § 5333(b) for all <br /> transfers of funding authorized under title 23, United States Code (flex funds), and make <br /> other exceptions as it deems appropriate, and, in those instances, any special <br /> arrangements required by FTA will be incorporated herein as required. <br /> Charter Service. The Subrecipient agrees to comply with 49 USC 5323(d), 5323(r), and <br /> 49 CFR part 604, which provides that recipients and subrecipients of FTA assistance are <br /> prohibited from providing charter service using federally funded equipment or facilities if <br /> there is at least one private charter operator willing and able to provide the service, except <br /> as permitted under: <br /> 1. Federal transit laws, specifically 49 USC § 5323(d); <br /> 2. FTA regulations, "Charter Service," 49 CFR part 604; <br /> 3. Any other federal Charter Service regulations; or <br /> 4. Federal guidance, except as FTA determines otherwise in writing. <br /> The Subrecipient agrees that if it engages in a pattern of violations of FTA's Charter <br /> Service regulations, FTA may require corrective measures or impose remedies on it. <br /> These corrective measures and remedies may include: <br /> 1. Barring it or any subcontractor operating public transportation under its Award that has <br /> provided prohibited charter service from receiving federal assistance from FTA; <br /> 2. Withholding an amount of federal assistance as provided by Appendix D to part 604 of <br /> FTA's Charter Service regulations; or <br /> 3. Any other appropriate remedy that may apply. The Subrecipient should also include <br /> the substance of this clause in each subcontract that may involve operating public transit <br /> services. <br /> NCDOT PTD Federal Agreement Page 19 of 23 <br /> Revised 12/28/2018 <br />