R92-163 AUTHORIZING AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF TRANSPORTATION

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i r Approval, and forms the basis for calculating the financial assistance under this Grant. Accordingly, the Goverment will make a Grant in an amount equal to: (1) the maximum amount permitted by Federal law and regulations, or (2) the amount designated in the Notification of Grant Approval as "Maximum Federal Funds or (3) the amount designated in the Approved Notification of Grant Approval as "Maximum Percentage(s) of Federal Participation" - whichever is the least. With respect to operating assistance projects financed under Section 9 of the Federal Transit Act, as amended, notwithstanding any provision to the contrary, the Federal financial assistance provided under this Grant may be applied to the Net Project Cost incurred by the Grantee in the Project Time Period for operatng assistance specified in the Approved Project Budget. b. For purposes of this Grant, "Net Project Cost" must be in conformance with the requirements of Office of Management and Budget Circular A-87, Revised, "Cost Principles Applicable to Grants and Contracts with State and Local Governments, " and with any guidelines or regulations issued by the Government. c. The obligation of the Government to make Federal Grant payments shall not exceed the amount provided in the Program or Project Budget. Section 4 . Local Share - The Grantee agrees that it will � provide from sources other than (a) Federal funds (except as may � otherwise be authorized by Federal statute) , (b) receipts from the use of the Program or Project facilities or equipment (except as may otherwise be authorized by Federal statute) or (c) revenues of the public transportation system in which such facilities or equipment are used, funds in an amount sufficient, together with the Grant, to assure payment of either the actual Project Cost of each project in the Program or the actual Project Cost. The Grantee further agrees that no refund or reduction of the amount so provided will be made at any time, unless there is at the same time a refund to the Government of a proportional amount of the Grant. The Grantee's obligation to provide the Local Share is calculated on a project-by-project basis for either each project in the Program or the Project as a whole. Section 5. Labor Protection - The Grantee agrees to undertake, carry out, and complete the Project consistent with the terms and conditions determined by the Secretary of Labor to be fair and equitable to protect the interests of employees affected by the Project and meet the requirements of Section 13 (c) of the Federal Transit Act, as amended, 49 U.S.C. App. Section 1609 (c) , and Department of Labor (DOL) guidelines set forth in 29 C.F.R. Part 215. These terms and conditions are identified in the letter of certification from DOL to FTA whose date is set forth in the Notification of Grant Approval. The Grantee agrees to carry out the Grant in compliance with the conditions stated in that DOL letter. That letter and any documents cited in that letter are incorporated herein by reference and made part of this Grant. Page 2