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t � <br /> available for use by ail commuters regardless of the place of residence,and there shall be no difference in the amount ' <br /> of fees charged to users of such commuter parking facilities based on place of residence. il <br /> The Grantee ahall keep satisfactory records with regard to the use of the Project Facilities and shall submit to the <br /> Department upon request such information as the Department may require in order to assure compliance with this <br /> ITEM,and the Grantee shall immediately notify the Department in all cases where Project Facilities are used in a <br /> manner substantially different from that described in the Grantee's final,approved application. The Grantee shall <br /> maintain in amount(s)and form satisfactory to the Department,such insurance or self-insurence as will be adequate to <br /> protect Project Facilities throughout the period of required use. The cost of such insurance shall not be an item of <br /> allowable cost under this Agreement. The Grantee shall also submit,from time to time,to the Department upon <br /> request,a certification that the Project Facilities are still being used in accordance with the terms of this Agreement <br /> and iurther certify that no part of the local contribution to the cost of the Project has been refunded or reduced. <br /> B. Maintenance <br /> The Grantee�grees to maintain any Project Facilities at a high level of cleanliness,safety,and mechanical soundness <br /> and in accordance with any guidelines,directives,or regulations that the Department,FTA,manufacturer,or contractor <br /> may issue(the stricter standard to apply unless expressly excused by the Department),including 49 CFR 18.31 -18.34 • <br /> and 19.30-19.37. For vehicles,the manufacturer's suggested maintenance and inspection schedule wilt be considered <br /> the minimum maintenance standard that must be adMered to. The Department and/or FTA shall have the right to ' � <br /> conduct periodic inspections for the purpose of confirming proper maintenance pursuant to this Section.The <br /> Department reserves the rigM to require the Grantee to restore,repair or replace Project Facilities or pay for damage , <br /> as a resuft of abuse or misuse of such Project Facilities. If,at any time during the useful life of the Project Facilitiesy. -�� <br /> any of the Project Facilities are not used for the purposes specified in this Agreement,whether by planned withdrawal, <br /> misuse or casualty loss,the Grantee shall immediately notify and receive approval from the Department prior to <br /> disposing of such Project Facilities. Any such disposition shall be in accordance with Department procedures. <br /> C. Transfer of Project Property. - <br /> (1) Grantee Request.The Grantee may transfer Project Facilities financed in whole or in part by the <br /> Govemment to an eligible recipient to be used for any public or specialized purpose with no further <br /> obtigation to the Govemment,provided that the transfer is aWhorized by the Department,and FTA,if <br /> necessary,and conforms with the applicable requirements of 49 U.S.C.§5334(g). <br /> (2) Govemment Direction. The Grantee agrees that the Govemment may require the Grantee to transfer title <br /> to any Project Facilities financed with federal and/or state assistance made available by this Agreement. <br /> The Grantee also agrees that the Government may direct the disposition of Project Facilities financed with <br /> federal and/o�state assistance funds made available under this Agreement,or otherwise account for <br /> Project Facilities,as set forth by 49 CFR 18.31 and 18.32. <br /> D. Withdrawn Property. <br /> If any Project Facilities are not used in mass transportation service for the duration of their useful life as <br /> determined by the Department;whether by planned withdrawal,misuse or casualty loss,the Grantee agrees to <br /> notify the Department thereof within 30 calendar days prior to the date of disposition. <br /> (1) Federal and/or State Interest in Property. Unless otherwise approved by the Govemment,the Grantee <br /> agrees to remit to the Department the Govemment interest in the fair market value of any of the Project <br /> Facilities whose unit value exoeeds�5,000. The amount of that interest shall be determined on the basis <br /> of the ratio of the assistance awarded by the Govemment for the Projed to the actual cost of the Project. <br /> (2) Fair Market Value. The following requirements apply to the calculation of fair market value: <br /> S1ate/Federa!Ca ital Grant PaBe 8 <br /> P <br />