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charged for the vehicle or service, have acquired the exclusive use of the vehicle or service to <br />travel together under an itinerary either specified in advance or modified after having left the <br />place of origin. <br />The Contractor acknowledges that Federal and State requirements prohibit the use of vehicles, <br />facilities and equipment funded by Federal or State grant programs for the provision of charter <br />services unless it is determined that there are no willing and able charter operators in the <br />service area. Federal law does not provide exceptions to these regulations for vehicles that <br />are loaned or leased to other agencies or entities. <br />The Contractor agrees that neither it nor any public transportation operator performing work in <br />connection with a Project financed under 49 U.S.C. chapter 53 will engage in charter service <br />operations, except as authorized by 49 U.S.C. § 5323(d) and FTA regulations, "Charter <br />Service," 49 C.F.R. Part 604, and any subsequent Charter Service regulations or FTA <br />directives that may be issued, except to the extent that FTA determines otherwise in writing. <br />Any charter service agreement required by FTA regulations is incorporated by reference and <br />made part of this Agreement for the Project. The Contractor understands and agrees that in <br />addition to any remedy specified in the charter service agreement, if a pattern of violations of <br />that agreement is found, the violator will be barred from receiving Federal transit assistance in <br />an amount to be determined by FTA or U.S. DOT. <br />Section 28. School Transportation Operations The Contractor agrees that neither it nor <br />any public transportation operator performing work in connection with a Project financed under <br />49 U.S.C. chapter 53 will engage in school transportation operations for the transportation of <br />students or school personnel exclusively in competition with private school transportation <br />operators, except as authorized by 49 U.S.C. §§ 5323(f) or (g), as applicable, and FTA <br />regulations, "School Bus Operations," 49 C.F.R. Part 605, and any subsequent School <br />Transportation Operations regulations or FTA directives that may be issued. Any school <br />transportation operations agreement required by FTA regulations is incorporated by reference <br />and made part of this Agreement for the Project. The Contractor understands and agrees that <br />if it or an operator violates that school transportation operations agreement the violator will be <br />barred from receiving Federal transit assistance in an amount to be determined by FTA or U.S. <br />DOT. <br />Section 29. Geoara,phic Information and Related Spatial Data In accordance with U.S. <br />OMB Circular A -16, "Coordination of Geographic Information and Related Spatial Data <br />Activities, August 19,2002, the Contractor agrees to implement its Project so that any activities <br />involving spatial data and geographic information systems activities financed directly or <br />indirectly, in whole or in part, by Federal assistance, consistent with the National Spatial Data <br />infrastructure promulgated by the Federal Geographic Data Committee, except to the extent <br />that FTA or the Department determines otherwise in writing. <br />Section 30. Motor Carrier Safety. To the extent applicable, the Contractor agrees to comply <br />with, and assures the compliance of its sub recipients, lessees, and third party 'contractors <br />with, applicable provisions of the following regulations promulgated by the U.S. Federal Motor <br />Carrier Safety Administration (U.S. FMCSA): <br />a. Financial Responsibility The Contractor agrees as follows: <br />(1) To the extent that the Contractor is engaged in interstate commerce and <br />not within a defined commercial zone, the Contractor agrees to comply <br />with U.S. FMCSA regulations, "Minimum Levels of Financial Responsibility <br />Updated 3101/11 Page 33 of 41 <br />Attachment number 2 <br />F_g Page 167 <br />