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14 <br /> Certifications and Assurances Fiscal Year 2021 <br /> 5.1. Charter Service Agreement. <br /> I <br /> To enforce the provisions of 49 U.S.C. §5323(d), FTA's charter service regulation requires each <br /> applicant seeping assistance f torn FTA for the propose of acquiring or operating any public <br /> transportation equipment or facilities to make the following Charter Service Agreement. 49 CFR <br /> §604.4. <br /> The applicant agrees that it, and each of its subrecipients, and third patty contractors at any level <br /> who use FTA-funded vehicles,may provide charter service using equipment or facilities <br /> acquired with Federal assistance authorized under the Federal Transit Laws only in compliance <br /> with the regulations set out in 49 CFR Fart 604, the terms and conditions of which are <br /> incorporated herein by reference. <br /> 5.2. School Bus Agreement. <br /> To enforce the provisions of 49 U.S.C. §53.2369, FTA's school bus regulation requires each <br /> applicant seeking assistance from FTA for the purpose of acquiring or operating any public <br /> transportation equipment or facilities to make the following agreement regarding the provision <br /> of school bus services. 49 CFR§605.15. <br /> (a) If the applicant is not authorized by the FTA Administrator under 49 CFR 605.11 to <br /> engage in school bus operations, the applicant agrees and certifies as follows: <br /> (1) The applicant and any operator of project equipment agrees that it will not engage <br /> in school bus operations in competition with private school bus operators. <br /> (2) The applicant agrees that it will not engage in any practice which constitutes a <br /> means of avoiding the requirements of this agreement,part 605 of the Federal <br /> Mass Transit Regulations, or section 164(b) of the Federal-Aid Highway Act of <br /> 1973 (49 U.S.C. 1602a(b)). <br /> (b) If the applicant is authorized or obtains authorization from the FTA Administrator to <br /> engage in school bus operations under 49 CFR§ 605.11, the applicant agrees as follows: <br /> (1) The applicant agrees that neither it nor any operator of project equipment will <br /> engage in school bus operations in competition with private school bus operators <br /> except as provided herein. <br /> (2) The applicant, or any operator of project equipment, agrees to promptly notify the <br /> FTA Administrator of any changes in its operations which might jeopardize the <br /> continuation of an exemption under § 605.11. <br /> (3) The applicant agrees that it will not engage in any practice which constitutes a <br /> means of avoiding the requirements of this agreement,part 605 of the Federal <br /> Transit Administration regulations or section 164(b) of the Federal-Aid Highway <br /> Act of 1973 (49 U.S.C. 1602a(b)). <br /> (4) The applicant agrees that the project facilities and equipment shall be used for the <br /> provision of mass transportation services within its urban area and that any other <br /> 9 <br />