R2011-08 AUTHORIZING EXECUTION OF AN AMENDED CAPITAL ASSISTANCE GRANT AGREEMENT

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CAP-10-962-ARR.4, Contract No. 4021 7. Unless the Government determines otherwise, the Grantee agrees to include the requirements of subparagraphs (B)(1)through (B)(6) of this fTEM in its third party contracts for planning, research, studies, development, or demonstration under this Project. 8. The Grantee understands and agrees that data and information submitted to the Government may be required to be made available under the Freedom of Information Act or other federal statutes in accordance with 49 CFR Part 19.36(d), or by subsequent laws or regulations. C. Export Control The Grantee agrees that it will not export any technical information to any countries or foreign persons without first obtaining the necessary licenses as required by export control regulations. ITEM 32 -AMENDMENT The Parties agree that no amendment to this Agreement, or any Exhibits or Attachments hereto, shall be of any force or effect unless the amendment is dated, reduced to writing, executed by both parties, and attached to and made a part of this Agreement. No work shall be commenced and no costs or obligations shall be incurred in consequence of any amendment to this Agreement or any attachments hereto unless and until such amendment has been executed and made a part of this Agreement and the Approved Project Budget has been amended to conform thereto. ITEM 33-SCHOOL BUS AND CHARTER SERVICES OPERATIONS A. School Bus Operations- Pursuant to 20 ILCS 2705/2705-305(fl, 49 U.S.C. §§ 5323(fl or(g), as applicable, and FTA regulations, "School Bus Operations,"49 CFR Part 605„ and as a condition of receiving grant monies from the Department, the Grantee certifies, by signing this Agreement, that it is not engaged in school bus operations exclusively for the transportation of students and school bus personnel in competition with private school bus operators where such private school bus operators are available to provide adequate transportation at reasonable rates in conformance with applicable safety standards. If the Grantee does engage in school bus operations exclusively for the transportation of students and school bus personnel as described above, then the Grantee certifies that it operates a school system in the area to be served thereby and operates a separate and exclusive school bus program for the school system. The Grantee also certifies that the Project is not financed under 49 U.S.C. Chapter 53 or under 23 U.S.C. §§ 133 or 142. The Grantee further agrees and certifies that it shall immediately notify the Department in writing of its involvement in or its intention to become involved in any school bus operation prohibited by Section 2705-305(�after the date of this certification and this Agreement. B. Charter Bus Oqerations- Neither the Grantee nor any transit operator performing work in connection with a Project financed under 49 U.S.C. Chapter 53 or under 23 U.S.C. §§ 133 or 142 will engage in charter service operations, except as permitted by 49 U.S.C. §5323(d) and FTA regulations"Charter Service,"49 CFR Part 604, and any subsequent Charter Service regulations or federal directives that may be issued, except to the extent that FTA determines otherwise in writing. Any charter service agreement entered into under these regulations is incorporated into this Agreement by reference. The Grantee agrees not to engage in either school bus or charter operations, and has further signed the certification referenced hereto as part of Exhibit C. If the Grantee or any operator violates the charter or school bus agreement required by 49 U.S.C. § 5323(fl, the violator will be barred from receiving federal transit assistance in an amount to be determined by FTA or U.S. DOT. State/Federa!Capita!Grant Page 32