|
thereto, or obligate itself in any manner with any third party with respect to its rights and
<br />responsibilities under this Agreement without the prior written concurrence of the Department.
<br />Further, the Grantee shall incorporate the provisions of this Agreement into any lease arrangement
<br />and shall not.enter into any lease arrangement without the prior concurrence of the Department.
<br />Any lease approved by the Department shall be subject to the conditions or limitations governing
<br />the lease as set forth by the FT7\ and the Department. |f the Grantee leases any Project eaootto
<br />another party, the Grantee agrees to retain ownership of the leased asset, and assure that the
<br />Lessee will use the Project osseƒtopFovidennaaatranopodotionaon/ive,eitherth[oughe"Leoae
<br />and Supervisory Agreement" between the Grantee and Lessee, or another similar document. The
<br />Grantee'aQroento provide o copy of any relevant documents,
<br />(1) Significant Participation by a Third PartV Contractor, Although the Grantee may enter into a
<br />third party contract, after obtaining approval from the Department, in which the third party
<br />Contractor agrees to provide property or services in support nf the Project, oremanonrryout
<br />Project octivitieanornne||yperformedbvth*Grunta' (sVmh�aiU@tu[nkevcont the
<br />rather
<br />Department for compliance with all applicable Federal and State |mvvs, regulations, and
<br />directives, except to the extent that the Department determines otherwise inwriting.
<br />/2\ Significant Participation by a Subcontractor. Although the Grantee may delegate any or.
<br />almost all Project responsibilities to one or more subcontractors, the Grantee agrees that
<br />they, rather than the subcontractor, is ultimately responsible for compliance with all
<br />applicable Federal and State laws, regulations, and directives, except to the extent that the
<br />Department determines othm�iseinvvritinB.
<br />(3) Although the Grantee may lease project
<br />property and delegate some or many project responsibilities to oDe or more |' ssees. fhe
<br />�
<br />Grantee agrees that they, rather than any |eooee, is ultimately responsible for compliance
<br />with all applicable Federal |aws, regulations, and direntiVee, except to the extent that FTA
<br />determines otherwise in writing.
<br />Grantee's Responsibility to Extend Federal and State Requirements to Other Entities.
<br />(1) Entities Affected. Only entities that are signatories to this Agreement for the Project are
<br />parties to this agreement. To achieve compliance with certain Federal and State laws,
<br />regulations, or directives, however, other Project participants, such as subrecipients and third
<br />party Grantees, will necessarily be involved. Accordingly, the Grantee agrees to take the
<br />appropriate measures necessary to ensure ' that all Project participants comply, with
<br />applicable Federal and State laws, regulations, and directives affecting their performance,
<br />- except to the extent the Department determines otherwise in writing,
<br />(2) Documents Affected. The applicability of provisions of Federal and State laws, regulations,
<br />and directives determine the extent-to which their requirements affect a Project participant.
<br />Thus, the Grantee agrees to include adequate provisions to ensure that each Project
<br />participant complies with those Federal and State laws, regulations, and directives, except
<br />to the extent that the Department determines otherwise in writing. In addition, the Grantee
<br />also agrees to require its third party contractors, subrecipients, and lessees to include
<br />appropriate requirements to ensure compliance with applicable Federal and State laws,
<br />regulations, and directives in each lower tier subcontract and subagreement for the Project,
<br />except to the extent that the Department determines otherwise in writing. Additional
<br />requirements include the following:
<br />(a) Third Party Contracts. Because Project activities performed by a third party contractor
<br />must comply with all applicable Federal and State laws, regulations, and directives,
<br />except to the extent the Department determines otherwise in writing, the Grantee
<br />agrees to include appropriate clauses in each third party contract stating the third party
<br />contractor's responsibilities under Federal and State laws, regulations, and directives,
<br />including any provisions directing the third party contractor to extend applicable
<br />requirements to its subcontractors at the lowest tier necessary. When the third party
<br />contract requires the third party contractor to undertake responsibilities for the Project
<br />05127/2015 Page 4of37
<br />
|