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not a unit of government (defined as Federal Government, a state, any political subdivision
<br />of a state or any agency established under a compact between states), the Contractor
<br />agrees to comply with U.S. FMCSA regulations, Subpart B, "Federal Motor Carrier Safety
<br />Regulation ", at 49 CFR Parts 390 through 396.
<br />Driver Qualifications.
<br />1. The Contractor or its subcontractor, lessee or third party agree to comply with U.S. FMCSA's
<br />regulations, "Commercial Driver's License Standards, Requirements, and Penalties ", 49 CFR
<br />!Part 383.
<br />Substance Abuse Rules for Motor Carriers
<br />1. The Contractor or its subcontractor, lessee or third party agree to comply with U.S. FMCSA's
<br />regulations, "Drug and Alcohol Use and Testing Requirements" 49 CFR Part 382, which apply to
<br />transit providers that operate a commercial motor vehicle that has a gross vehicle weight rating
<br />over 26,000 pounds or is designed to transport sixteen (16) or more passengers, including the
<br />driver.
<br />30. National Intelligent Transportation Systems Architecture and Standards
<br />To the extent applicable, the Contractor agrees to conform to the National Intelligent
<br />Transportation Systems (ITS) Architecture and Standards requirements of 23 U.S.C. § 517(d), as
<br />amended by MAP -21, and follow the provisions of FTA Notice, "FTA National ITS Architecture
<br />Policy on Transit Projects," 66 Fed. Reg. 1455 et seq., January 8, 2001, and any other
<br />implementing directives FTA may issue at a later date, except to the extent FTA determines
<br />otherwise in writing. (applicable to ITS projects)
<br />31. Charter Service
<br />The Charter Bus requirements apply to all Operational Service Contracts. The Charter Bus
<br />requirements flow down from FTA recipients and subrecipients to first tier service contractors.
<br />The contractor agrees that no project financed under 49 U.S.C. chapter 53 or under 23 U.S.C.
<br />§§ 133 or 142, will engage in charter service operations, except as authorized by 49 U.S.C. §
<br />5323(d) and FTA regulations, "Charter Service," 49 C.F.R. Part 604, and any Charter Service
<br />regulations or FTA directives that may be issued, except to the extent that FTA determines
<br />otherwise in writing. The Charter Service Agreement the Grant Recipient has selected in its
<br />latest annual Certifications and Assurances is incorporated by reference and made part of the
<br />Grant Agreement or Cooperative Agreement for the Project and part of this procurement. The
<br />following ETA's Charter Service regulations, apply: (1) the requirements of FTA's Charter
<br />Service regulations and any amendments thereto will apply to any charter service it or its
<br />subrecipients, lessees, third party contractors, or other participants in the Project provide; (2)
<br />the definitions of FTA's Charter Service regulations will apply to the Recipient's charter
<br />operations, and (3) a pattern of violations of FTA's Charter Service regulations may require
<br />corrective measures and imposition of remedies, including barring the Recipient, subrecipient,
<br />lessee, third party contractor, or other participant in the Project operating public transportation
<br />under the Project from receiving Federal financial assistance from FTA, or withholding an
<br />amount of Federal assistance as set forth in Appendix D to those regulations. [Amendments to
<br />FTA regulations, "Charter Service, " 49 C. F. R. Part 604, were published at 73 Fed. Reg_ 2325 et
<br />seq., January 14, 2008, and amended at 73 Fed. Reg. 44927 et seq., August 1, 2008, and at 73
<br />Fed. Reg. 46554 et seq., August 11 2008.]
<br />32. School Bus Operations
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<br />Attachment number 1
<br />F -4 Page 86
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