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.~ , 4 08/19/96 16:49 $50~ 533 0209 S~LE~ TR.~INSIT @100~ ~ . from time to time during the term of tbe contract; bonding requirement~; Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C_ 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executi~e Order 12873, as they apply to the procuremenc of the items designatad in Subpart B of 40 CFR Part 247; the Da~is-Bacon Act (40 USC ~ 276a -276a-5 and 29 CFR § 5); Contcact Work Hours And Safety Standards Act (40 U.S.C. §§ 327 -333, 29 C.F.R_ § 5, 29 C_F_R. § 192b); Copeland Anti-lcickback Act (40 U.S.C. § 276c, 29 C.F.R. y~ 3, 24 C.F.R. § 5); Program Fraud Civil Remedies Act of 1986, as amended (31 U.S.C_ § y~ 38Q1 et ~eg 49 C.F.R. Part 31); Coattact Debarment Ezecutive Order 12549, as implemented by 49 CFR Part 29; Civil Rights Act (29 U_S_C. ~ 623, 42 U_S.C. § 2000, 42 U_S.C. § 6102, 42 U.S.C. § 12112, 42 U.S.C. y~ 12132> 49 U.S.C_ § 5332, and 29 CFR Part 1630, 41 CFR Part,s 60 et seq.); and any other applicable contractual pro~isions required by DOT, as set forth in FTA Circulaz 4220.1D, dated Apn115,1996. 5_ The pazties agree that the Transit Footprinc and the impro~ements thereon to be owned by the District shall be used for the provision of t~ansit services for the durarion of their useful life, as determined by FfA, except as may otherwise be provided by Federal Stacutes. 6. No federal funds shall be expended prior to grant approvai unless the FfA has previously approved a"letter of no prejudice", or atherwise authorizcd the expenditure. 7. Conoracts shall specify urut eosts for portions of facilities paid for by federal funds. 8, Conttacts shall define a payment process consistent with fed~ral and state laws. 9. All con~acts shall comply with Appendiz B of the new FfA circular 9300.1. "grant application instruction" for Seetion 3 concerning ~oinc developmenc pro,jects. 1~. The District shall have no legal obligation with respect to any default by the developer on any portion of the Courthouse Square project owned, leased or coattacced to any other partY- 11. The Counry shall hsve no legal obligation with respect to any default by the de~eloper on any portion of the Courthouse Square project owned, leased or convacted to any other party. 12. Subject to final approval of dtsi$n and financing options, the parties anticipate a "condominium. pro,}ect" that defines the ownership and financial responsibilities for operaaons and maintenance eosts. The parties recognize the Counry's abiliry to pro~ide full service maintenance and custodiat serti-ices, with the excepnon of the pordon of the project consisdng of bus parlcing and bus oravel lanes , which vs-ill be maintained by tcansit. The parties Will jointly evaluate the value and cost options associated with maintznance of the faciliry. The parries furrher agcee that a sinking fund shall be created by the managinb party (whzther it be public or private) to assure that appropriat~ funds aze dedicaced to the long cerm maintenance of rhe faciliry. 13. Specifics for all ongoing financial and management issues shall be det3iled in the final intergovernmental agreement and subject to approval by FTA with respect to the federally funded cransit facilities. Page 3- INTERGO~ERNMENTAI- AGREEM~NT; Courthouse Square