Special Project Oversight Committee (SPOC) Report #1

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(40 USC § 276a -276a-5 and 29 CFR § 5); Concract Work Hours And Safety Standards Act (40 U.S.C. §§ 3Z7- 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 C.F.R. § 5); Program Fraud Civil Remedies Act of 1986, as amended (31 U.S.C. §§ 3801 et se~c 49 C.F.R. Part 31); Contract Debarment Ezecudve 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. § 12132, 49 U.S.C. § 5332, and 29 CFR Parc 1630, 41 CFR Parts 60 et seq.); and any other.applicable contraccual provisions required by DOT, as set forth in ETA Circular 4220.1D, daced April 15, 1996. 5. The pazues agree thac the Transit Footprint and the improvements thereon to be owned by the District shall be used for the provision of cransit services for the durarion of thcir useful life, as determined by ETA, eacept as may otherwise be provided by Federal Statutcs. ~` ti 6. No federal funds shall be ezpended prior to grant approval unless the FTA has previously approved a"letter of no prejudice", or otherwise authorized the ezpenditure. Contracu shall specify unit costs for portions of facilides paid for by federal funds. Conuacrs shall define a payment process consistent with federal and state laws. 9. All contracts shall comply with Appendiz B of the new ETA circular 9300.1, "grant applicadon instrucdon" for Section 3 concerning joint development projecu. 10. 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 contracted to any other parry. 11. The County shall have no legal obligarion wich respect to any default by che developer on any portion of the Courthouse Square project owned, leased or contracted co any other party. 12. Subject co final approval of design and financing opdons, the parcies anticipate a"condominium project" that defines the ownership and financial responsibilities for operaaons and maintenan~ce costs. The parties recognize the Counry's abiliry co provide full service maintenance and custodial services. with the ezcepdon of the pomon of the project consisting of bus parking and bus cravel lanes , which will be maintained by aansic. The parties will joindy evaluate the valuc and cost opdons associated with mainunance of the facility. The parties further agree that a sinking fund shall be creaced by the managing party (whether it be public or privace) to assure chat appropriate funds aze dedicaced to the long term maintenance of the facility. 13. Specifics for all ongoing financial and management issues shall be detailed in the final intergovernmental agreemenc and subject to approval by F"TA with respect to che federally funded transit faciliries. ~ Page 3- IlVTERGOVER1~tMENTAL AGREEMENT; Courthouse Square