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HomeMy WebLinkAboutResolution - 062476H - UMT Operating Assistance Grant - UMT Administration - 06_24_1976R n ' V KJ/ nh RESOLUTION FBE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the CITY OF LUBBOCK, BE and is hereby authorized and directed to execute for and on behalf of the CITY OF LUBBOCK, an URBAN MASS TRANSPORTATION OPERATING ASSISTANCE GRANT Contract between the United States of America, acting through the Urban Mass Transportation Administration, the Texas State Department of Highways and Public Transportation, as the designated recipient and the City of Lubbock providing for an Operating Assistance Grant for the FY 1974- 75 in the amount of $81, 524.00, attached herewith which shall be spread upon the Minutes of the Council and as spread upon the Minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 24th day of June 1976. ROY BAKS, MAYOR ATTEST: ,- Treva Phillips, C' y Secretary -Treasurer APPROVED AS TO FORM: Fred O. Senter, Jr., City -,,Attorney URBAN MASS TRANSPORTATION OPERATING.ASSISTANCE GRANT CONTRACT PART I Project No. TX-05-4009 DESIGNATED RECIPIENT:' Texas Stite Department of Highways & Public. Transportation GRANTEE: City of -Lubbock, Texas MASS TRANSPORTATION SYSTEM: Lubbock Transit Corporation PROJECT TIME PERIOD: November 26, '1974 through September 30. 1975 ELIGIBLE PROJECT OPERATING EXPENSES: Two Hundred Ninety -One Thousand, Two Hundred t inety- ree Iollars ($291, 293). Z. FEDERAL SHARE: Eighty -One Thousand, Five Hundred Twenty-Foar Dollars. ($81, 524). DATE OF 13 (C) CERTIFICATION LETTER FROM. THE DEPARTMENT OF LABOR: November 17, 1975 Note: There is a supplemental agreement on Page S. page one of eight pages -- _ ..E THIS CONTRACT, effective on the date below specified, by and between the United States of America (the "Government") and the Grantee named'on page one of this Grant Contract, WITNESSETH: In consideration of the mutual covenants, promises and representations hereiri, the parties hereto agree as follows: Sec. 1. Purpose of Contract - The purpose of this . Contract is to provide for the undertaking of an urban mass transportation operating assistance project (the "Project") with Government financial.assistance to the -Grantee in the form of an operating assistance grant (the ".Grant"), under the Urban Mass Transportation Act of 1964, as amended (the "Act"), and to -state the terms and conditions upon which such assistance will be provided and the manner in which the Project will be undertaken. Sec. 2. The Grant Contract - This Contract consists of this Part I entitled Urban Mass Transportation Operating Assistance Grant Contract, and Part A -II, entitled Grant Contract, Operating Assistance, Part A -II, Terms and Conditions. Sec. 3. The Project - The Project involves the continued or improved operation of the mass transit system named on page one of this Grant Contract for the time period described on page one. The Grantee agrees to provide for the continued or improved operation of the system, substantially as described in its Application, filed with and approved by the Government, incor- porated in this Agreement by reference, and in accordance with the terms and conditions of this Contract. Sec. 4. The Grant In order to assist the Grantee in financing the project operating expenses that are eligible for Federal financial assistance (herein called "Eligible Project Operating Expenses"), such Eligible Project Operating Expenses being estimated to be the amount appearing on page one of this Grant Contract, the Government will make a Grant in an amount not to exceed 50% of the Eligible Project Operating. Expenses, as determined by the Department of Transportation (DOT) page two of eight pages - upon completion of the Project, or in the amount designated as Federal Share on page one of this Grant Contract, whichever is the lesser. Federal funds made available.under this Section will be from fiscal year 1975 apportioned funds. For purposes of this Grant Contract "Eligible Project • Operating Expenses" must be in conformance with the re- quirements of Federal Management Circular 74-4 (FMC 74-4), "Cost Principles Applicable to Grants and Contracts with State and local -Governments" and with any guidelines or re- gulations issued by UMTA. The Grantee agrees that it will.provide from sources other than Federal funds or revenues from the operation of public mass transportation systems, an amount sufficient, together with the Grant., to assure payment of Eligible Project Operating Expenses in an amount equal to the amount provided under this Grant Contract. The Grantee further agrees that • no refund or reduction of the amount provided under this Grant Contract will be made so as to lower the local share below the Federal share at any time, unless there is at the same time. a refund to the Government of an equal amount. E - . Sec. 5. Maintenance of Effort - The Grantee agrees that the -Federal financial assistance provided pursuant to this Grant Contract will be supplementary to and not in substitution for the average amount of State and local government funds and other transit revenues, as defined in guidelines or regulations issued by UMTA, expended on the operation of mass transportation service in the area involved.for the two fiscal years preceding• the fiscal year for which the funds are"made available. Any failure on the part of the Grantee to comply with this Section shall be deemed a violation of the terms of this Contract, and the Government may in its discretion take either or both of the following actions: (a) terminate all of the financial assistance provided pursuant to this -Grant Contract; and (b) require the Grantee to return to the Government any financial assistance provided pursuant to this.Grant Contract. Sec. 6. Use of Project Funds - The Grantee agrees that the Federal financial assistance provided under this Grant Contract shall be applied to the Eligible Project Operating Expenses incurred in the provision of mass transportation - page three of eight pages - service within the urbanized area served by the -Grantee as described in the Application with respect to the Project time period described on page one of this Grant Contract. If, during such period, any Federal financial assistance provided pursuant to this Grant Contract is not so applied, the Grantee shall immediately notify the Government. The Grantee shall keep satisfactory records in.the manner described in Part A -II of this Grant Contract with _ regard to the use of Federal financial assistance provided i pursuant to this Grant Contract and shallsubmitupon • request such information as the Government may require in order to assure compliance with this Section. Sec. 7. Labor Protection - The Grantee agrees to under- take, carry out, and complete the Project under 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 meeting the requirements of Section 13(c) of the Act. These terms and conditions are specified in the letter of certification to the Government from the Department of E_ Labor on the date indicated on page one of this Grant Contract, which letter is incorporated into this Grant Contract by reference. y Sec. 8. Minority Business Enterprise In connection with the performance of this Contract, the Grantee will provide .for the maximum utilization of minority business enterprises and -will use its best efforts to insure that minority business enterprises shall have the maximum practicable -opportunity to compete for contract and subcontract work under this Contract. Sec. 9. Compliance with Environmental Standards The Grantee shall comply with the provisions of the Clean Air Act, as amended (42 U.S.C. §1857 et seq.); the Federal Water Pollution Control Act, as amended (33 U.S.C. S1251 et seq.); and implementing regulations issued by the Environmental Protection Agency, in the facilities which are involved in the i Project for which Federal assistance is given in this Grant, provided that nothing in this Grant Contract shall be construed to make any such laws or implementing regulations applicable except to the extent to which they would have been applicable in the absence of this Grant Contract. I page four of eight pages - ' I Sec. 10. Special Conditions A. The Grantee agrees and assure 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 Contract 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 ` applicant or is by another entity under lease or otherwise. B. The Grantee agrees that.it or any operator of mass transportation for the Grantee, will not engage in charter bus operations outside of the urban area within which it. provides regularly scheduled mass transportation service except in accordance with an agreement providing fair and equitable arrangements under the terms of Section 3(f) of the Act. Such agreement, when executed, shall be incorporated in this Grant Contract by reference, and be in addition to the Secretary's contract remedies and rights contained herein. C. The Grantee agrees that it, or the operator of Project equipment, will not engage in school bus operations, exclusively for the transportation of students and school personnel, in competition with private school bus operators-. It, is understood that this subsection does not apply (1)_ to a Grantee which operates a school system in the area to be served and operates a separate and exclusive school bus operation for this school system, (2) where private school bus operators are unable to provide adequate transportation at reasonable rates, and in conformance with applicable safety standards, or (3) with respect to any State or local Public Body or agency thereof if it (or a direct predecessor in interest from which it acquired the''function of so transporting schoolchildren and personnel along with the facilities to be used therefor) was so engaged in school bus operations any time during the twelve-month period immediately prior to the enact- ment of Section 3(g) of the Act. A violation of this agreement i shall bar the Grantee from receiving any other Federal financial assistance under the Act. i page five of eight pages - Sec.I1. Offer and Acceptance A. Execution of Contract - This Contract may be simul- taneously executed in several counterparts, each of which j shall be considered to bean original having identical legal j effect. B. Offer — When dated and signed,by the Government, this instrument shall constitute an offer which should be accepted by the Public Body by execution within sixty (60) days of such date. The Government may withdraw any offer not accepted within the above sixty-day period. Upon acceptance of the offer the effective date of the Contract shall be the date on which this offer was executed by the Government. The Government has.duly executed this offer this day of MAY 9. 6 1976 . 19_- BY TITLE: ASSOCIATE ADMINISTRATOR C. Acceptance - The Grantee does hereby rafity and adopt all statements, representations, warranties, covenants, and agreements contained in the Application and supporting materials submitted by it, and does hereby accept the Government's offer"andt)ag ees to all of the terms and conditions thereof. Executed 't4is ,?�� day of Jvva 19�G SEAL ATTEST: • G��' BY &e.Cretary Treasur r ATTEST: TITLE: x.c-.-;; J as to fc. II _ - j Fred O. Se".3., Jc., City h jr;:ey page six of eight pages - D. Certification of Grantee's Attorney I . �RED Z� wT4?, J& , acting as Attorney for the Grantee do hereby certify that I have examined this Grant Contract and the proceedings taken by the Grantee relating thereto, and find that the acceptance of the Government's offer by the Grantee has been duly authorized by the Grantee's action dated Jv�ve 2 Z /qZ4 to copy of which has been submitted to UMTA and that the execution of this Contract is in all respects due and proper and in accordance with applicable State and local law and further that, in my opinion, said Grant constitutes a legal and binding obligation of the Grantee in accordance with the terms thereof. I further certify that to the best of my knowledge neither has any law been passed nor is there any litigation pending or threatened which might affect the performance of the Project in accordance with the terms of this Contract. fired O. ;Senter, Jr., city Attorne - page seven of eight - pages - Supplemental Agreement %he Grantee under this Grant Contract has not been designated a recipient. Accordingly, the Ttxas State Department of Highways and Public Transporta- tion, a recipient designated in accordance with the Act, hereby agrees to the disbursement from the Government to the Grantee of the funds involved in this project as indicated below. Federal grant payments will be payable to the Grantee: Requests for payment of the Federal share of allowable costs shall be submitted jointly by the des- ignated recipient and the Grantee. The designated recipient and the Grantee shall permit the Government to inspect all work,materials,payrolls, and other data and records with regard to the Project, and to audit the books, records, and accounts of the designated recipient and the Grantee with regard to the Project. Ilie Government also may.require the designated recipient and the Grantee to furnish at any time prior to close-out of the Project,. audit reports prepared in accordance with generally accepted accounting principles. The Government, the Grantee, and the designated recipient agree that this supplemental agreement authorizes payment direct to the Grantee of the Federal funds and. does not affect the terms and conditions, rights and responsibilities of and between the Government and the Grantee set forth elsewhere in this Grant Contract. Urban Mass Transportation Administration 2lexas State DeparbTient of Highways and Public Transportation Approved as to for City of Wbbock 04 Fred O. Senter, Jr., City Attorn y page eight of eight pages - 1 t DEPARTMENT OF TRANSPORTATION URBAN MASS TRANSPORTATION ADMINISTRATION GRANT CONTRF,CT - OPERATING ASSISTANCE PART A - II TERMS AND CONDITIONS Constituting part of the GRANT CONTRACT providing for Federal.financial assistance under the provisions of the Urban Mass Transportation Act of 1964, as amended. Section 101. Definitions. As used in this Grant Contract: <� "Application" means the written application.for Federal financial.assistance for the Project, together with all explanatory, supporting, or supplementary documents, heretofore filed with UMTA by or on behalf of the Grantee, which has been accepted and approved by UMTA. "Approval, Authorization, Concurrence, Waiver" An approval, authorization, concurrence, or waiver is a conscious, written act by an autho rized official of the Government granting per- mission to the Grantee to perform an act pursuant'to this contract which could not be performed without,such permission. An approval, authorization, concurrence, or waiver permitting the performance of a specific act shall not constitute permission to perform similar acts unless such broad permission is clearly stated. Oral permission or interpretations shall have no legal force or effect. "Government" means the United States of America, or its cognizant Agency, the Department of Transportation (DOT) or'its Agency, the Urban Mass Transportation Administration, used hereafter interchangeably. "Local Fiscal Year" is the fiscal year of the mass transportation operator. "Mass Transportation Service" Mass Transportation service is general or special transportation service provided to the public (but not school bus, charter or sightseeing service)_on a regu- lar and continuing basis in the urbanized area described in the application. Equipment and faci- lities used in providing mass transportation service may be used for incidental charter or _ sightseeing service when not needed for mass transportation service operations. Such facil- ities or equipment may not be used for the provision of service under contract either for the exclusive use of students going to and from " school or for which an individual fare is not charged. - "Procedural Guide" is the most recently dated document entitled "Guidelines for Project Administration", which sets forth procedures designed to assist the Grantee in perform- ing the obligations imposed by the contract. "Project Description" is the most recently dated statement relating to.the project, signed by UMTA, setting forth all of the .activities to be performed by the Grantee with regard to its urban transportation program pursuant to this contract which are not otherwise specifically provided for in this contract. Section 102. Accomplishment of the Project. _ (a) General Requirements. The Grantee shall commence s carry on, and complete the Project with all practicable dispatch, in a sound, economical, and efficient manner,'. and in accordance with the provisions hereof, the 1 1' bl 1 Application, and a 1 app ica a aws. . (b) Pursuant to Federal, State, and Local Law. In performance of its obligations pursuant to this contract, the Grantee and its contractors shall comply with all applicable provisions of Federal, State, and local law. All limits or standards set forth in this contract to be observed`= in the performance of the Project are minimum requirements, and shall not affect the application of more restrictive State or local standards to the performance of the project. (c) Funds of the Grantee. The Grantee shall initiate and prosecute to completion all -proceedings necessary to enable the Grantee to provide its share of the Project costs at or prior to the time that such funds are needed - to meet Project costs. s -3- (d) Submission of Proceedings, Contract and Other Documents. The Grantee shall submit to the Government such data, reports, records, contract and other documents relating } to the Project as the Government may require. The Grantee shall retain intact, for three years following pro- ject close-out, all project documents, financial records, 1 and supporting documents. (e) Changed Conditions Affecting Performance. The Grantee s a 1 immediately notify UMTA.of any change in conditions ' or local law, or of any other event, which may significantly affect its ability to perform the project in accordance with the provisions of this contract including its inability to meet the maintenance of effort requirement. (f) No Government Obligations to Third Parties. The Government shall not be subject to any obligations or.liabilities by contractors of the Grantee or their subcontractors or I any other person not a party to this contract in connection with the performance of this Project pursuant to the pro- visions of this contract,without its specific consent and notwithstanding its concurrence in or approval of the award of any contract or subcontract or the solicitation thereof. (g) Land Acquisition Policy. Any acquisition of land 'for use in connection with the Project must conform to the policies' and procedures set forth in the Guidelines.for Project Administration. Section 103. The Project Budget. A Project Budget shall be pre- pared and maintained by the Grantee as to its total project expenses (eligible mass transportation operating expenses) to be incurred in one local fiscal year or a portion thereof. The budget,shall consist of only one budget line item. The budget may be revised from time to time but such .revision will not necessarily affect the amount of project funds to be made available. Section 104.. Accounting Records. (a) Project Accounts. The Grantee shall establish and main- tain a set of accounts, consistent with Attachment G of Federal Management Circular 74-7, with separate accounts for the provision of mass transportation service. (b) Funds Received or Made Available for the Project. The f Grantee shall appropriately record, and deposit in a bank ol: trust � company which is a member of the Federal Deposit Insurance Corpo- ration or the Federal Savings and Loan Insurance Corporation all Grant payments received by it from the Government pursuant to this Contract, which Government payments and other funds are herein i collectively referred to as "Project Funds." The Grantee shall require the depositories of.Project Funds t. secure continuously and fully all Project Funds in excess of the amounts insured under Federal plans, or under State plans which have been approved for the deposit of Project Funds by DOT, by the deposit or setting aside of collateral of the types and in the manner as described by State law for the security of public funds, or approved by UMTA. (c) Allowable Costs. Expenses incurred by the Grantee shall be reimbursable as allowable costs to the extent they meet all of the requirements set forth below. They must: (1). be made in conformance with the Project Description and all other provisions of this contract; (2) be necessary in order to accomplish the Project (3) be reasonable in amount for the goods or services purchased or services provided; (4) be actual net costs to the Grantee after all applicable credits are deducted (i.e., the price paid minus any refunds, rebates, or interest income); (5) be incurred (and be for work performed) after November 26, 1974 and within the local fiscal year specified for this contract; (6) be in conformance with the standards for allowability of costs set forth in Federal Management Circular 74-4, and the Interim Application Instructions for Section 5 Capital and Operating Assistance Projects and any -guidance that supersedes these instructions; (7) be satisfactorily.documented,- and (8) be treated uniformly and consistently under accounting principles and procedures approved or prescribed by UMTA for the kS ;, Grantee; and those approved or prescribed by the Grantee for its contracts. (d) Documentation of Project Costs. All costs, charged to the Project, including any approved services contributed by the Grantee or others, shall be supported by properly executed payrolls,.time records, invoices, contracts, or vouchers evidencing in detail the nature and propriety of the charges. (e) Checks, Orders, and Vouchers. Any check or order drawn by the Grantee with.respect to any item.which is or�will be chargeable against the.Project will be drawn only in accordance with a properly signed voucher then on file in the office of the Grantee stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers,-orders,.or.other accounting documents pertaining in whole or in part_to the Project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. (f) Audit and Inspection. The Grantee shall permit, and shall require its contractors to permit, the Government to inspect all work, materials, payrolls, and other data and records with regard to the project, and to audit the books, records, and accounts of the Grantee and its contractors with regard to the project.. The Grantee is responsible to audit third party interests and agreements. UMTA also may require the Grantee to furnish at any tim: prior to close-out of the project, audit reports prepared in accordance with generally accepted accounting principles. Subsequent to the close of the local fiscal year for which operating assistance is sought, the Grantee shall furnish a final audit report prepared by a state or local government independent audit agency or an independent. public accountant which shall include as a minimum a Statement of Revenue and Expense, a Statement of Changes in Financial Position, and a Maintenance of Effort Calcu- lation of the mass transportation operator for the assisted local fiscal year. Section 105. Requisitions and Payments. (a) Requests for Payment by the Grantee. The Grantee may make requests for payment of the Federal share of allowable costs on a quarterly basis, and UMTA shall honor such requests in the manner set forth in this section. In order to receive Federal grant payments, the Grantee must: k ... 6 (1) completely execute and submit to UMTA Form OMB 80-R0183, "Request for Advance or Reimbursement," in accordance with the instructions contained therein; (2) submit to UMTA a Statement of Revenue and Expenses giving revenues and expenses incurred or reasonably expected to.be incurred within the requisition period (not more than 90 days after the date of submission) The Statement of Revenue and Expense shall demonstrate that adequate .local funds have been supplied to match the Federal payments requested and shall demonstrate that Federal payments are not greater than the excess of operating expenses over revenues plus other sources of funds (including the required local share) applied to operating expenses. If the requisition period extends 30 days beyond the date of submission, it will be necessary to indicate the amounts requisitioned for each 30 day period beyond the date of submission. In addition submit UMITA Form 1340.6, "UMTA Project Budget Line Item Data Entry"; (3) have submitted all financial and progress reports currently required by this Contract. 4 j i r -7- Government shall reimburse apparent allowable expenses incurred (or to be incurred during the requisition period) by the Grantee up to the maximum amount of the Federal grant payable through the fiscal year in which the requisition is submitted as stated in the Project Budget. However, reimbursement of any cost pursuant to this' section shall not constitute a final determina- tion by the Government of the allowability of.such•expe:.se and shall not constitute a waiver of any violation of the terms of this contract committed. by the Grantee. The Government will make. a final determination as to allowability only after a final audit of the project has been.conducted. At the discretion of UMTA a portion of'the maximum allowable Federal grant will not be disbursed until.a final audit of the project has been made by UMTA, or its designee. In the event that UMTA determines that the Grantee is not currently eligibleto receive any or all of the Federal funds requested, it shall promptly notify the Grantee statinq the reasons for such determination. (c) Disallowed Costs. In determining the amount of the Grant, UMTA will exclude all operating expenses incurred by the Grantee prior to iioveltwer 26, 1974 and . prior to the local fiscal year for which assistance is sought; or which are disallowed by the Interim Application Instructions for Section 5 Capital and Operating Assistance Projects and any guidance that supersedes,these instructions. Section 106. Right of Government to Terminate. Upon written notice to the Grantee, the Govermmt reserves the right to suspend or terminate all -or part of the financial assistance herein -provided for when the Grantee is, or has been, in violation of the terms of this contract or when UMTA determines that the purposes of the Act would not be adequately served by continuation of Federal financial assistance to the Project. Any failure to properly apply Federal financial assistance under this Contract to Eligible Project Operating Expenses within a reasonable time shall be deemed to be a violation of the terms of this contract. Termination of any part of the grant will not invalidate obligations properly.incurred by the Grantee and concurred in by UMTA prior to the date of termination, to the extent they are noncancellable. The acceptance of a remittance by the Government of any or all Project Funds previously received by the Grantee. or the closing out of Federal financial participation in the Project shall not constitute a waiver of an claim, which the Government may otherwise have arising ou of this Contract. The sanctions described in this Section are in addition to and.not in conflict with any other sanctions elsewhere described in this Agreement. Section 107. Project Settlement and Close-out. Upon receipt o r notice of successful completion of the eject or upon termination by MffA, UWA shall perform a final audit of the Project to determine -the aliowability of costs incurred, and shall make settlement of the Fodera.l grant described in Part I of this contract. If UMTA has made payments to the Grantee in excess of the total amount of such Federal grant, the Grantee shall prarptly rMit such excess to UMM The project close-out occurs when UMTA notifies the ce_antee and forwards the final grant payment or when an appropriate refund of Federal grant fauds has been received from the Grantee and acknowledged by UriM Close-out shall be subject to any continuing obligations i�osed on the Grantee by'this contract or contained in the final izotification or acknowledgement from UNQA. Section .108 Restrictions Prohibitions Controls and UaB—or-P—rovislons. (a) Equal Emplo nt Opportunity. In connection with the carrying out of the Project, the Grantee shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Grantee will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national. origin. Such action shall include, but not be limited to, the.following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training,.. including apprenticeship. The Grantee shall insert the foregoing provision (modified only to show the particular contractual relationship) in all Of its contracts in connection with the development or operation of the Project, except contracts for standard commercial supplies or raw materials and construction contracts subject to the provisions of Section 109 (b) of this contract, and shall require all such contractors to insert,a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. (b) Title VI - Civil Rights Act of 1964. The Grantee with all the requirements unposed by Title VI of the Civil Rights Act of 1964 (78 Stat. 252), the Regulations of DOT issued thereunder (CFR Title 49, Subtitle A, Part 21), and the assurance by the Grantee pursuant thereto. (c) Interest of f4embers of or Delegates to ICon Tess. No member of or delegate tote Congress of the United States shall be admitted to any share or part of this Grant Contract or to any benefit arising therefrom. _9_ Section 109. Miscellaneous Provisions. • 1i (a) Now Contract Affected by Provisions field Invalid. If any -provision of this Contract is eld invalid, the remainder of this Contract.shall not be affected thereby if such re- mainder would then continue to conform to the terms and re- quirements of applicable law. I +' (b) Bonus or Commission. The Grantee warrants that it has j • not paid, and also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the Grant hereunder. (c) State or Territorial Law. Anything in the Grant Contract tote contrary notwithstanding, nothin in the Grant Contract shall require the Grantee to.. or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State or territorial law: Provided, That if any of the pro- visions of the Grant Contract -violate any applicable State or territorial law, or if compliance with the provisions of the Grant Contract would require the Grantee to violate any applicable State or territorial law, the ` Grantee will at once notify DOT in writing in order that appropriate changes and modifications may be made by DOT and the Grant�ee ray proceed so�as�possib with th�the Pro� (d) Use of Public Lands. No publicly owned land from a park, recreation area, or wildlife and waterfowl refuge of_ national, State, or local significance as -determined by the Federal, State, or local officials having jurisdiction thereof, or any land from an historic site of national, State, or.local significance as so determined by such officials may be used for the project without the prior concurrence of DOT. f p ` r�,IFFOTW 14l LL iU 48%) 460 140 ' E 13J 200 2--i Zsc 2 RNIZ6EL �. ITT 10 tb GRCNNELL ST. (395) Xl Uc4eo — 0 99600 — e2o .0 90 FORDHAM ST (396} o 241oG-0 1 40 1 2---------------- 3 :zl 0001 o15a d� ZZI 0101 004Z 0 I Z,1 £Z01 LO ZI 0£01 UtZ tll ObO1 93bZ 1I 0901 091?z ZD o N 0 III OL01 Z ObbZ In N � )Sol w OZbZ co 0011 W 00. 91VZ ®® obi , 611 0/// ootIz OZ// ii• u-► OSF2 9F 0��2 t 09F2 ® co \J�'a Pp o-�s£bs F2 ®� ui ® V. 1 i60