R92-12 AUTHORIZING AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF TRANSPORTATION

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, { � Section 6. Special Condition Pertaininq to Projects Financed with Funds Derived from the Mass Transit Account - Before payments may be made to the Grantee for costs of projects financed from funds derived from the Mass Transit Account of the Highway Trust Fund, sufficient funds must be available in the Mass Transit Account and an adequate liquidating cash appropriation must have been enacted into law. Section 7. Snecial Planning Requirement for Section 8 Projects - The Grantee agrees to comply with the requirements of Section 8 of the Federal Transit Act, as amended, 49 U.S.C. App. Section 1607, and any implementing regulations that may be issued thereunder. Section 8. Special Requirements for Section 9 Pro�ects. a. Fares and Services - The Grantee agrees that it will utilize its administrative process to solicit and consider public comment prior to raising fares or implementing a major reduction of service. b. Audit Requirement - The Government may, at least annually and more frequently in its discretion, either �, conduct or require the Grantee to have independently conducted, reviews and audits as the Government may deem appropriate pursuant to the provisions of section 9 (g) of the Federal Transit Act, as amended, 49 U.S.C. App. Section 1607a(g) , and any regulations or guidelines that may be issued by the Government. c. Half-Fare Requirement - The Grantee agrees and assures that the rates charged elderly and handicapped persons during nonpeak hours for transportation utilizing or involving the facilities and equipment financed pursuant to this Grant will not exceed one-half of the rates generally applicable to other persons at peak hours, whether the operation of such facilities and equipment is by the Grantee or is by another entity under lease or otherwise. The Grantee agrees and assures that it will give the rate required herein to any person presenting a Medicare card duly issued to that person pursuant to title II or title XVIII of the Social Security Act. d. Sole Source Procurement - Provided that the Grantee complies with applicable Buy America statutory and regulatory provisions, the Grantee may, without prior Government (FTA) approval, procure an associated capital maintenance item eligible under section 9 (j ) of the Federal Transit Act, 49 U.S.C. App. Section 1607a(j ) , by contract directly with the original manufacturer or supplier of the item to be replaced, provided that the Grantee first certifies in writing to the Government that: (1) such manufacturer or supplier is the only source of such item; and (2) the price of such item is no higher than the price paid for such item by like customers. Page 3