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(40 USC § 276a -276a-5 and 29 CFR § 5); Contract Work Hours And Safety Standards Act (40 U.S.C. §§ 327- <br />333, 29 C.F.R. § 5, 29 C.F.R. § 1926); Copeland Anti-kickback Act (40 U.S.C. § 276c, 29 C.F.R. § 3, 29 <br />C.F.R. § 5); Program Fraud Civil Remedies Act of 1986, as amended (31 U.S.C. §§ 3801 et ~ 49 C.F.R. <br />Part 31); Contract Debarment Executive Order 12549, as implemented by 49 CFR Part 29; Civil Rights Act (29 <br />U.S.C. § 623, 42 U.S.C. § 2000, 42 U.S.C. § 6102, 42 U.S.C. § 12112, 42 U.S.C. § 12132, 49 U.S.C. § <br />5332, and 29 CFR Part 1630, 41 CFR Parts 60 et seq.); and any other.applicable contractual provisions <br />required by DOT, as set forth in ETA Circular 4220.1D, dated April 15, 1996. <br />5. The parties agree that the Transit Footprint and the improvements thereon to be owned by the <br />District shall be used for the provision of transit services for the duration of their useful life, as determined by <br />ETA, except as may otherwise be provided by Federal Statutes. ~ <br />6. No federal funds shall be expended prior to grant approval unless the FTA has previously <br />approved a"letter of no prejudice", or otherwise authorized the ezpenditure. <br />7. Contracts shall specify unit costs for portions of facilities paid for by federal funds. <br />Contracts shall define a payment process consistent with federal and state laws. <br />9. All contracts shall comply with Appendix B of the new ETA circular 9300.1, "grant <br />application instruction" for Section 3 concerning joint development projects. <br />10. The District shall have no legal obligation with respect to any default by the developer on any <br />portion of the Courthouse Square project owned, leased or contracted to any other party. <br />11. The County shall have no legal obligation with respect to any default by the developer on any <br />portion of the Courthouse Square project owned, leased or contracted to any other party. <br />12. Subject to final approval of design and financing options, the parties anticipate a"condominium <br />project" that defines the ownership and financial responsibilities for operations and maintenance costs. The <br />parties recognize the County's ability to provide full service maintenance and custodial services, with the <br />ezception of the portion of the project consisting of bus parking and bus travel lanes , which will be maintained <br />by transit. The parties will joindy evaluate the value and cost options associated with maintenance of the facility. <br />The parties further agree that a sinking fund shall be created by the managing party (whether it be public or <br />private) to assure that appropriate funds are dedicated to the long term maintenance of the facility. <br />13. Specifics for all ongoing financial and management issues shall be detailed in the final <br />intergovernmental agreement and subject to approval by FTA with respect to the federally funded transit <br />facilities. <br />Page 3- IlVTERGOVERNMENTAI- AGREEMENT; Courthouse Square <br />