R97-22 AUTHORIZING EXECUTION OF STATE / FEDERAL CAPITAL ASSISTANCE GRANT AGREEMENT

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. . ' , � � � a , , ' � purposes as approved by the Department in writing. The Project Facilities shall be equally available for use by all commuters regardless of the place of residence, and tMere shall be no difference in the amount of fees charged to users of such commuter parking facilities based on place of residence. The Grantee shall keep satisfactory records with regard to the use of the Project Facilities and shall submit to the Department upon request such information as is required in order to assure compliance with this ITEM and shall immediately notify the Department in all cases where Project Facilities are used in a manner substantially different from that described in the final, approved application. The Grantee shall maintain in an amount and form satisfactory to the Department such insurance or self-insurance as will be adequate to protect Project Facilities throughout the period of required use. The cost of such insurance shall not be an item of allowable capital cost under this Agreement. The Grantee shall also submit to the Department upon request, a certification that the Project Facilities are still being used in accordance with the terms of this ITEM and that no part of the local contribution to the cost of the Project has been refunded or reduced. B. Maintenance The Grantee agrees to maintain any state and/or federally funded Project Facilities at a high level of cleanliness, safety, and mechanical soundness and in accordance with any guidelines, directives, or regulations that the Department or FTA may issue, including 49 CFR 18.31 - 18.34 and 19.30-19.37. For state and/or federally funded vehicles, the manufacturer's suggested maintenance and inspection schedule will be considered the minimum maintenance standard that must be performed. The Department and/or FTA shall have the right to conduct periodic inspections for the purpose of confirming proper maintenance pursuant to this Section. The State reserves the right to require the Grantee to restore Project Facilities or pay for damage as a resu�t of abuse or misuse of such Project Facilities. If, at any time during the useful life of the Project Facilities, the Project Facilities are not used for the purposes specified in this Agreement, whether by planned withdrawal, misuse or casualty loss, the Grantee shall immediately notify and receive approval from the State prior to disposing of such Project Facilities, disposition shall be in accordance with Department procedures. C. Transfer of Project Pro e�rty. (1) Grantee Req�est. The Grantee may transfer Project Facilities financed by the Government to an eligible recipient to be used for any public or specialized purpose with no further obligation to the Government, provided that the transfer is authorized by the Department, and FTA if necessary, and conforms with the applicable requirements of 49 U.S.C. §5334(g). (2) Government Direction. The Grantee agrees that the Government may require the Grantee to transfer title to any Project Facilities financed with federal and/or state assistance made available by this Agreement. The Grantee also agrees that the Government may direct the disposition of Project Facilities financed with federal and/or state assistance funds made available under this Agreement, as set forth by 49 CFR 18.31 and 18.32. D. Withdrawn Pro e�rty. � If any Project Facilities are not used in mass transportation service for the duration of their useful life as determined by the Department, whether by planned withdrawal, misuse or casualty loss, the Grantee agrees to notify the Department within 30 calendar days. State/Federa!Capita!Grant paSe 8