R94-116 AUTHORIZING AN AGREEMENT WITH THE UNITED STATE DEPARTMENT OF TRANPORTATION

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.. �, - DOT' regulations, "Uniform Administrarive Requirements for Grants and Cooperative Agreements to State and Local Governments" (common grant management rule), 49 C.F.R. Part l8, apply to Projects with governmentat bodies. Office and Management Budget (OMB) - Circular A-1 l0, Revised, "Uniform Administrative Requirements for Grants and Agreements with Instituz�e�ns of�Iigh�r Edaacation, Hospitals, and Other Norrprofit Organizations," and any implementing regularions that tl,S. Dp�'m�a,y promulgate, a�ply ta Projects with institutions of �::ghe- :d-�c:.ti^r, and pr'��ate nonprofit organizati�ri,s. A Recipient that is a private for-profit organization agrees that the terms of OMB Circular A-110, �d any impl�menting DOT regulations, appl�° to its grants and cooperariye agre�ents with FTA. b. Anolication of Federai State and Local L ws and Regulations. (] ) Federal Laws and Regulations. The Recipient understands that Federal laws, regulations, policies, and related administrative p�rac6ices agpl�cable to this Agreement on the date the A�reement «-as executed may be me,dified fram time to time. The l�ecipient agrees that the most recent of such Fzderal requirements will govern the administration of this Agreement at am� particular time, except if there is sufficient evidence in the Agreement of a contrary intent. Such contrarv intent might be evidenced by express language in Part I of this Agreement, or a letter signed by the Federat Transit Administratar, the language of which modifies or otherwise conditions the text of a particular provision of Part II of this Agreement. Likewise, new Federal la��s. regulations, policies, and administrative practices may be established after the date the A��reement has been exeeuted and may apply to this Agreement. To achieve compliance with changing Federal requirements, the Recipient agrees to include in all agreements with subrecipients and third party conrracts financed with FTA assistance specific notice that Federal requirements ma} change and the changed requirements will apply to the project as required. All standards or limits set forth in this Agreement to be observed in the performance of the Project are minimum requirements. (?) State or Territorial Law and Local Law. Except to the extent that a Federal statute or regulation preempts State or territorial ]aw, nothing in the Agreement shall require the Recipient to obser�e or enforce compliance ��th any provision thereof, perform any other act, or do any other thing in contravention of any applicable State or territorial law; however, if any of the provisions of the Agreement violate any applicable State or territorial law, or if compliance with the pro�isiuns of the Agreement would require the Recipient to violate any applicable State or territorial lav�-, the Recipient agrees to notify the Government (FTA) immediately in writing in order that the Government and the Recipient may make appropriate arrangements to proceed with the Project as soon as possible. c. Funds of the Recigient. Except as approved otherwise by FTA, the Recipient agrees to complete all proceedings necessary to provide the local share of the Project costs at or before the time that such funds are needed to meet Project expenses. d. Chan�ed Conditions of Performance (Including Litigation�. The Recipient agrees to notify the Go��ernment (FTA) immediately of any change in local law, conditions, or any other event that may significantly affect its ability to perform the Project in accordance with the terms of this Page 3