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R93-60 AUTHORIZING AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF TRANSPORTATION
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R93-60 AUTHORIZING AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF TRANSPORTATION
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7/18/2016 1:47:22 PM
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Resolution/Ordinance
Res Ord Num
R93-60
Res Ord Title
AUTHORIZING AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF TRANSPORTATION FOR A FEDERAL TRANSIT ADMINISTRATION OPERATING ASSISTANCE GRANT FOR FY '93
Approved Date
5/3/1993
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. f <br /> include in all sub-assistance agreements and third party <br /> contracts financed with Government (FTA) assistance specific <br /> notice that Federal requirements may change and the changed <br /> requirements will apply to the project as required. All � <br /> limits or standards set forth in this Agreement to be <br /> observed in the performance of the Project are minimum <br /> requirements. , <br /> (2) State or Territorial Law and Local Law. Except to <br /> the extent that a Federal statute or regulation pre-empts <br /> State or territorial law, nothing in the Agreement shall <br /> require the Recipient to obsezve or enforce compliance with <br /> any provision thereof, perform any other act, or do any other <br /> thing in contravention of any applicable State or territorial <br /> law; however, if any of the provisions of the Agreement <br /> violate any applicable State or territorial law, or if <br /> compliance with the provisions of the Agreement would require <br /> the Recipient to violate any applicable State or territorial <br /> law, the Recipient agrees to notify the Government (FTA) <br /> immediately in writing in order that the Government and the _ <br /> Recipient may make appropriate arrangements to proceed with <br /> the Project as soon as possible. <br /> c. Funds of the Recipient. Unless approved otherwise by the <br /> FTA, the Recipient agrees to complete all proceedings <br /> necessary to provide the local share of the Project costs at <br /> or before the time that such funds are needed to meet Project <br /> expenses. <br /> d. Changed Conditions of Performance lIncluding Litigation) . <br /> The Recipient agrees to notify the Government (FTA) <br /> immediately of any change in local law, conditions, or any <br /> other event that may significantly affect its ability to <br /> perform the Project in accordance with the tenns of this <br /> Agreement. In addition, the Recipient agrees to notify the <br /> Government (FTA) immediately of any decision pertaining to <br /> the Recipient' s conduct of litigation that may affect the <br /> Government' s interests in the Project or the Government' s <br /> administration or enforcement of applicable Federal laws or <br /> regulations. Before the Recipient may name the Government as <br /> a party to litigation for any reason, the Recipient agrees <br /> first to inform the Government; this proviso applies to any <br /> type of litigation whatsoever, in any forum. <br /> e. No Government Obligations to Third Parties. Absent the <br /> Government' s express written consent, and notwithstanding any <br /> concurrence by the Government in or approval of the award of <br /> any contract of the Recipient (third party contract) or <br /> subcontract of the Recipient (third party subcontract) or the <br /> solicitation thereof, the Government shall not be subject to <br /> any obligations or liabilities to third party contractors or <br /> third party subcontractors or any other person not a party to <br /> Page 4 <br />
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