R2025-195 Resolution Authorizing Accepting the Bid and Authorizing the Work of Door Replacement for Transit Facilities with B&B Glass

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FTA may provide federal assistance for that Award.The Recipient agrees that the certification issued by U.S. DOL is a condition of the Underlying Agreement and that the Recipient must comply with its terms and conditions. Special Warranty.When its Underlying Agreement involves public transportation operations and is supported with federal assistance appropriated or made available for 49 U.S.C.§5311, U.S. DOL will provide a Special Warranty for its Award,including its Award of federal assistance under the Tribal Transit Program.The Recipient agrees that its U.S. DOL Special Warranty is a condition of the Underlying Agreement and the Recipient must comply with its terms and conditions. Special Arrangements for Underlying Agreements for Federal Assistance Authorized under 49 U.S.C.§ 5310.The Recipient agrees,and assures that any Third Party Participant providing public transportation operations will agree,that although pursuant to 49 U.S.C. §5310,and former 49 U.S.C.§§5310 or 5317, FTA has determined that it was not"necessary or appropriate"to apply the conditions of 49 U.S.C. § 5333(b)to any Subrecipient participating in the program to provide public transportation for seniors (elderly individuals)and individuals with disabilities, FTA reserves the right to make case-by-case determinations of the applicability of 49 U.S.C.§5333(b)for all transfers of funding authorized under title 23, United States Code(flex funds),and make other exceptions as it deems appropriate. State Management and Monitoring Systems The Recipient agrees to comply with joint FHWA and FTA regulations,"Management and Monitoring Systems,"23 CFR Part 500,and FTA regulations,"Transportation Infrastructure Management,"49 CFR Part 614. Charter Service Prohibitions.The Recipient agrees that neither it nor any Third Party Participant involved in the Award will engage in charter service,except as permitted under federal transit laws,specifically 49 U.S.C.§ 5323(d),(g),and(r), FTA regulations,"Charter Service,"49 CFR Part 604,any other federal Charter Service regulations,federal requirements,or federal guidance. Exceptions.Apart from exceptions to the Charter Service restrictions in FTA's Charter Service regulations,FTA has established the following additional exceptions to those restrictions: (1)FTA's Charter Service restrictions do not apply to equipment or facilities supported with federal assistance appropriated or made available for 49 U.S.C.§5307 to support a Job Access and Reverse Commute(JARC)-type Project or related activities that would have been eligible for assistance under repealed 49 U.S.C.§5316 in effect in Fiscal Year 2012 or a previous fiscal year,provided that the Recipient uses that federal assistance for FTA program purposes only;and (2)FTA's Charter Service restrictions do not apply to equipment or facilities supported with the federal assistance appropriated or made available for 49 U.S.C.§5310 to support a New Freedom-type Project or related activities that would have been eligible for federal assistance under repealed 49 U.S.C. §5317 in effect in Fiscal Year 2012 or a previous fiscal year,provided the Recipient uses that federal assistance for FTA program purposes only. Violations. If it or any Third Party Participant engages in a pattern of violations of FTA's Charter Service regulations,FTA may require corrective measures and remedies,including withholding an amount of federal assistance as provided in FTA's Charter Service regulations,49 CFR Part 604,appendix D,or barring it or the 91 Third Party Participant from receiving federal assistance provided in 49 U.S.C. chapter 53, 23 U.S.C. §133,or 23 U.S.C.§142.