HomeMy WebLinkAboutAgenda - 08-17-1993 - III-D 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
Action Agenda
Item No. i--
ACTION AGENDA ITEM ABSTRACT
Meeting Date: August 17, 1993
SUBJECT: FTA Section 18 Program Standing Agreement
DEPARTMENT: Aging - C.A.T. PUBLIC HEARING: YES: NO: X
ATTACHMENT(S) : INFORMATION CONTACT:
Jerry M. Passmore
NONURBANIZED AREA PUBLIC TELEPHONE NUMBER
TRANSPORTATION GRANT Hillsborough - 732-8181
AGREEMENT Chapel Hill - 968-4501
Mebane - 227-2031
GENERAL PURPOSE AUTHORIZING Durham - 688-7331
RESOLUTION Extension 2000
PURPOSE: The NC Department of Transportation , in an effort to
streamline the contracting process for funds awarded
under the Federal Transit Administration (FTA) Section 18
program, is issuing a one-time standing agreement. This
document is the major component for establishing Orange
County as a Section 18 sub-recipient, and thereby
establishing the channels through which the related
federal and state funds and responsibilities would flow.
BACKGROUND: The Department on Aging's C.A.T. Transportation Program ,!
made application for and was awarded Federal Transit Act
administrative funds for the first time for Fiscal Year
1993-94 . These funds are already part of the County's
1993-94 approved budget. The standing agreement will be
valid for an extended period of time, beyond the life of
any one project year Although future applications must
still be submitted each year, annual contracts will no
longer need to be processed.
}
RECOMMENDATION(S) : Manager recommends approval and authorize the
Chair to sign grant agreement and resolution.
FN: ABS94#02 .DOC
STATE OF NORTH CAROLINA NONURBANIZED AREA
COUNTY OF WAKE PUBLIC TRANSPORTATION
GRANT .AGREEMENT
DEPARTMENT OF TRANSPORTATION ) D ATE r//7
and ITEM , q
COUNTY OF ORANGE )
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THIS AGREEMENT made this the day of & i / _, , 19 g,:=5,
(hereinafter referred to as AGREEMENT) by and between the DEPARTMENT OF
TRANSPORTATION (hereinafter referred to as "Department", an agency of the
State of North Carolina) and the COUNTY OF ORANGE (acting in its capacity as
the designated Section 18 recipient hereinafter referred to as the
"Contractor") .
WHEREAS, Section 18 of the Federal Transit Act of 1991, as amended,
provides Federal administration, operating, and capital assistance for
public transportation in rural and small urban areas by way of a formula
grant program to be administered by the State; and
WHEREAS, the purposes of Section 18 are to enhance access of people in '
nonurbanized areas for purposes such as health care, shopping, education,
recreation, public services, and employment by encouraging the maintenance,
development, improvement, and use of passenger transportation systems; and
WHEREAS, the Contractor has been designated as the recipient of
Section 18 funds, and
WHEREAS, Article 2B of Chapter 136 of the North Carolina General
Statutes designated the Department of Transportation as the agency of the
State of North Carolina responsible for administering all Federal and/or
State programs relating to public transportation, and granted the Department
authority to do all things required under applicable Federal and/or State
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legislation to properly administer the public transportation within the State
of North Carolina; and
WHEREAS, the Governor. of North Carolina, in accordance with Section
18(a) of the Federal Transit Act of 1991, as amended, has designated the
North Carolina Department of Transportation as the agency to receive and
administer Federal funds under this program; and
WHEREAS, in order to assist in providing transportation services, the
Department, under the terms of this Agreement shall make grants of
administration, operating and capital assistance to the Contractor; and
WHEREAS, the Department and the Contractor desire to secure and utilize
Section 18 grant funds for the above referenced purposes.
NOW, THEREFORE, in consideration of the mutual covenants herein set
forth, the Department and the Contractor agree as follows:
Section 1. Purpose of Agreement. The purpose of this Agreement is
to provide for the undertaking of nonurbanized area public transportation
services as described in the project application (hereinafter referred to as
"Project") properly prepared, endorsed, approved, and transmitted by the
Contractor to the Department, and to state the terms, conditions, and mutual
undertakings of the parties as to the manner in which the project will be
undertaken and completed.
Section 2. Scope of Project. The Contractor shall undertake and
complete the nonurbanized area public transportation services in accordance
with the procedures and guidelines set forth in the Federal Transportation
Administration (hereinafter referred to as "FTA") Circular 9040.1C, dated
November 3, 1992, the State Management Plan for the Section 18 Program
(hereinafter referred to as "State Management Plan") , the Application and
the Transportation Development Plan for the County of Orange. The
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aforementioned documents, and any subsequent amendments or revisions thereto,
are herewith incorporated by reference, and are on file with and approved by
the Department in accordance with the terms and conditions of this Agreement.
Nothing shall be construed under the terms of this Agreement by the
Department or the Contractor that shall cause any conflict with. Department,
State, or Federal statutes, rules, or regulations.
Section 3. Limitations of Agreement. This Agreement shall be
subject to the availability of funds, and contingent upon the terms and
conditions of a grant agreement between the FTA and the Department.
Section 4. Period of Performance. This Agreement shall commence
July 1, unless specific written authorization from the Department to the
contrary is received, and the period of performance shall extend from the
commencement date to June 30. The Contractor shall commence, carry on, and
complete the approved Project with all practicable dispatch, in a sound,
economical , and efficient manner. Upon written authorization from the
Department, this Agreement may be renewed on an annual basis to allow for the
performance of additional Projects.
Section 5. Cost of Project.. The Department shall reimburse the
Contractor for allowable costs for work performed under terms of this
Agreement which shall be financed with Federal Section 18 funds and State
funds. The Contractor shall expend funds provided in this Agreement in
accordance with the approved Annual Budget which is specifically incorporated
herein by reference. It is understood and agreed that the work conducted
pursuant to this Agreement shall be done on a actual cost basis by the
Contractor. The amount of reimbursement from the Department shall not exceed
the funds budgeted in the approved Annual Budget.
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The Contractor shall initiate and prosecute to completion all actions
necessary to enable the Contractor to provide its share of project costs at
or prior to the time that such funds. are needed to meet project costs. The
Contractor shall provide its share of project costs from sources other than
FTA funds. Any costs for work not eligible for Federal and State
participation shall be financed one hundred percent (100%) by the Contractor.
(a) Administrative Expenditures. In order to assist the Contractor
in financing the administrative costs of the project, the Department shall
reimburse the Contractor up to the percentage specified in the Approved
Project Budget of allowable administrative costs which shall be determined
by available funding.
(b) Operating Expenditures. In order to assist in financing the
operating costs of the project, the Department shall reimburse the
Contractor for the lesser of the following: (1) the balance of unrecovered
operating expenditures after deducting all farebox and other operating
revenues, or (2) up to the percentage specified in the Approved Project
Budget of the allowable total operating expenditures which shall be
determined by available funding.
(c) Capital Expenditures. In order to assist the Contractor in
financing the capital costs of the project, the Department shall reimburse
the Contractor up to the percentage specified in the Approved Project Budget
of allowable costs which shall be determined by available funding.
(d) Payment. The Contractor shall submit itemized invoices to the
Department not more frequently than monthly, nor less frequently than
quarterly, reporting on the Department's Uniform Public Transportation
Accounting System (UPTAS) invoicing forms furnished by the Department for
work performed under this Agreement. Invoices shall be supported by
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documentation of costs unless otherwise waived by the Department. Invoices
shall be approved by the Public Transportation Division and. reviewed by the
Department's Fiscal Section prior to -payment.
A retainage of five percent (5%) of the approved payment may be
withheld until the approved the Project is completed, accepted, and the
final audit has been made. The Department may waive the retainage
requirement on capital expenditures in excess of $10,000 if so requested by
the Contractor.
Any cost deemed ineligible for reimbursement by the Department shall be
deducted from the invoice payment or from the retainage before the final
payment is made. Any rejected or unaccepted costs shall be borne by the
Contractor. The Contractor agrees that in the event the FTA or the
Department determines, due to rules and/or regulations of the FTA or the
Department, that grant funds must be refunded, the Contractor shall reimburse
and pay to the Department a sum of money equal to the total amount of grant
funds to be refunded to the FTA in addition to the corresponding amount of
Department match if so required by the Department.
Section 6. Accounts, Records, and Reports.
(a) Establishment and Maintenance of Accounting Records. The
Contractor shall establish and maintain separate accounts for the Section 18
public transportation program, either independently or within the existing
accounting system. All costs charged to the Program shall be in accordance
with the most current approved Annual Budget and shall be reported to the
Department in accordance with UPTAS.
(b) Documentation of Project Costs. All charges to the Project
Account shall be support by properly executed invoices, contracts, or
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vouchers evidencing in detail the nature and the propriety of the charges,
as referenced in 49 CFR Part 18.
(c) Allowable Costs. Expenditures made by the Contractor shall be
reimbursed as allowable costs to the extent they meet all of the
requirements set forth below. They must be:
(1) based on work completed to the satisfaction of the Department
within the time frame established by the approved Project, and
further be made in conformance with the approved Annual Budget and
all other provisions of this Agreement;
(2) necessary in order to accomplish the Project;
(3) actual net costs to the Contractor, defined as the price paid
minus any refunds, rebates, or other items of value received by the
Contractor which have the effect of reducing the cost actually
incurred, including credit for fuel or sales taxes paid by local
governments and private nonprofit organizations eligible to file
for such tax refunds from the appropriate State or Federal office;
(4) incurred and be for work performed within the periods of
performance specified in this Agreement, unless specific
authorization from the Department to the contrary is received;
(5) in conformance with the standards for allowability of costs set
forth in OMB Circular A-87, "Principles For Determining Costs
Applicable to Grants and Contracts With State, Local , and Federally
Recognized Indian Tribal Governments"; and
(6) treated uniformly and consistently under accounting principles and
procedures approved or prescribed by the Department.
(d) Reports. The Contractor shall advise the Department regarding the
progress of the Project at such time and in such a manner as the Department
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may require, including, but not limited to: meetings, progress reports, and
monthly performance reports.
The Contractor shall collect and submit to the Department at such time
as it may require, such financial statements, data, records, contracts, and
other documents related to the Project as may be deemed necessary by the
Department. Such reports shall include narrative and financial statements of
sufficient substance to be in conformance with the reporting requirements of
the Department. Progress reports throughout the useful life of the project
equipment shall be used, in part, to document utilization of the project
equipment. Failure to fully utilize the project equipment in the manner
directed by the Department shall constitute a breach of contract, and after
written notification by the Department, may result in termination of the
Agreement or any such remedy as the Department deems appropriate.
The Contractor will be responsible for having an adequate costs
accounting system, and the ongoing burden or proof of adequacy for such
system shall be upon the Contractor. The Department will determine whether
or not the Contractor has an adequate cost accounting system. Such
determination shall be documented initially prior to payment of any invoices
pursuant to the Agreement, and from time to time as deemed necessary by the
Department. In the event of a negative finding during any such determination
proceedings, the Department may suspend, revoke, or place conditions upon
its determination, and/or may recommend or require remedial actions as
appropriate.
The Contractor and its third party contractors shall retain all records
pertaining to this Project for a period of three (3) years from the date for
final payment to the Contractor.
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(e) Audits. In accordance with OMB Circular A-128, "Audits of State
and Local Governments," dated April 12, 1985, and the Single Audit Act of
1984, the Public Body shall arrange for an independent financial and
compliance audit of its fiscal operations. The Public Body shall furnish
the Department with a copy of the independent audit report within thirty
(30) days of completion of the report, but no later than one year after the
end of the audit period.
Section 7. Contracts Under This Agreement. Unless otherwise
authorized in writing by the Department, the Contractor shall not assign any
portion of the work to be performed under this Agreement, or execute any
contract, amendment, or change order thereto, or obligate itself in any
manner with any third party with respect to its rights and responsibilities
under this Agreement without the prior written concurrence of the
Department. Further, the Contractor shall incorporate the provisions of
this Agreement into any lease arrangement and shall not enter into any lease
arrangement without the prior concurrence of the Department. Any lease
approved by the Department shall be subject to the conditions or limitations
governing the lease as set forth by the FTA and the Department.
Section 8. Inspection and Audits of Records. The Contractor shall
permit and shall require its third party contractors to permit the
Department, the Comptroller General of the United States, and the Secretary
of the United States Department of Transportation, or their authorized
representatives, to inspect all work, materials, payrolls, an other data and
records with regard to the Project, and to audit the books, records, and
accounts of the Contractor and/or the third party contractor pertaining to
the Project.
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Section 9. Purchase of Project Equipment. The purchase of project
equipment pursuant to this Agreement shall be undertaken in. accordance with
either of the options in this Section:
(a) Purchase by the Department. The Department may act as the
procurement agency on behalf of the Contractor, purchasing equipment through
the North Carolina Department of Administration, Purchase and Contract
Division.
(b) Purchase by the Contractor. The Contractor, with the prior
written approval of the Department, may purchase project equipment through a
competitive bidding process. The Contractor shall conduct the bidding
process in accordance with the provisions of North Carolina G.S. 143-129 and
FTA Circular 4220. 1B, "Third Party Contracting Guidelines", 9040.1C,
"Section 18 Circular," and any subsequent amendments and revisions thereto.
The Contractor shall submit project equipment specifications and bid
advertisements to the Department for review and approval prior to
submissions to prospective bidders to assure that:
(1) the Contractor has clearly and accurately described the technical
requirements in the bid;
(2) the Contractor has clearly set forth the requirements the bidder
must fulfill ;
(3) the bid provides for open and free competition; and
(4) the Contractor has made positive efforts to utilize disadvantaged
business enterprises.
The Contractor shall submit to the Department a tabulation of all bids
received certified by an authorized official of the Contractor, copies of
correspondence pertaining to exceptions to the approved specifications, and
a copy of the bid submitted by the low, responsive bidder recommended for
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the bid award by the Contractor. The Contractor shall recommend bid awards
only after evaluation of performance, standardization, life 'cycle costs, and
other factors the Department may deem relevant in addition to the
consideration of initial capital costs. Where necessary, the Department
will assist the Contractor in making such evaluations. The Department shall
approve the bid award prior to the execution of any agreement between the
Contractor and the selected bidder.
Section 10'. Title to Vehicles. The Certificate of Title to all
vehicles purchased under the approved Project shall be in the name of the
Contractor. The Public Transportation Division shall be recorded on the
Certificate of Title as first lienholder. In the event of project
termination or breach of contract provisions, the Contractor shall , upon
written notification by the Department, surrender project equipment and/or
transfer the Certificate(s) of Title for project equipment to the Department
or the Department's designee.
Section 11. Use of Project Equipment. The Contractor shall use all
project equipment for the duration of its useful life in the manner ,
specified in the Project Description contained in the approved application.
With the prior written approval of the Department, project equipment may be
used for other purposes provided that these other uses are consistent with
uses outlined in the Transportation Development Plan and do not interfere
with the primary purpose of service provisions. The aforementioned
documents, and any subsequent amendments or revisions thereto, are herewith
incorporated by reference. If any project equipment is not used in
accordance with this section or is withdrawn from the transportation
service, whether by planned withdrawal or casualty loss, the Contractor
shall immediately contact the Department. If the Department determines that
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project equipment is not being fully utilized, the Contractor shall transfer
or dispose of the project equipment at the direction ofthe Department.
Failure to carry out the'' requirements set forth in this Section shall
constitute a breach of contract and, after notification by the Department,
may result in termination of the Agreement. In the event of project
termination or breach of contract provisions, the Contractor shall , upon
written notification by the Department, surrender project equipment and/or
transfer the Certificate(s) of Title for project equipment to the Department
or the Department's designee.
Section 12. Maintenance and Inspection. The Contractor shall
maintain all project equipment at a high level of cleanliness, safety, and
mechanical soundness. The Contractor shall register all vehicle
maintenance activities in the Comprehensive Maintenance Record, which is
part of the Preventive Maintenance Guidelines published by the Public
Transportation and Rail Division. The Department shall conduct inspections,
not less than once every two (2) years, to confirm proper maintenance
pursuant to this Section and use in accordance with Section 9 of this ,
Agreement.
Section 13. Insurance. The Contractor shall be responsible for
protecting the Federal and State financial interests in project equipment
purchased under this Agreement throughout the useful life of the equipment.
The Contractor shall provide, on an annual basis and in such a manner as the
Department may require, written documentation that all equipment is insured
against loss in an amount equal to or greater than federal and state
percentage of the real value of the equipment. Failure of the Contractor to
provide adequate insurance shall be considered a breach of contract and,
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after notification by the Department, may result in termination of this
Agreement.
Section 14. Useful Life of Project Equipment. "Useful life" for all
project equipment shall be determined by the Department. Upon the end of
the period of useful life, the Contractor may dispose of project equipment
after notifying and receiving disposition instructions from the Department.
Section 15. Disposition of Project Equipment. Fair market value
shall be deemed 'to be the value of the proper toy as determined by at least
two (2) competent appraisals at the time of disposition. Loss of value as a
result of negligence, maintenance practices of the Contractor, or other
causes outside of normal use are the responsibility of the Contractor and
may, at the discretion of the Department, be added to the fair market value.
(a) loss of Project Equipment Due to Casualty or Fire. Fair market
value shall be deemed to be equal to the damages paid by the Contractor's
insurance carrier or from the self-insured reserve account. In no event
shall salvage value be considered as fair market value for project equipment.
Section 16. Interest of Members of or Delegates to Congress. No ,
member of or delegate to the Congress of the United States shall be permitted
to share in any part of this Agreement or to benefit therefrom.
Section 17. Prohibited Interest. No member, officer, or employee of
the Department or of the Contractor during his or her tenure, or for at
least one (1) year thereafter, shall have any interest, direct or indirect,
in this Agreement or the proceeds thereof or therefrom.
Section 18. Equal Employment Opportunity. In connection with the
execution of this Agreement, the Contractor shall not discriminate against
any employee or applicant for employment because of race, color, sex, or
national origin. Such action shall include, but not be limited to the
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following: employment, upgrading, demotion, or transfer, recruitment or
advertising, layoff, or termination, rates of pay, or ' other forms of
compensation, and selection .for training including apprenticeship.
Section 19. Title VI - Civil Rights Act of 1991. The Contractor
will comply with all the requirements imposed by Title VI of the Civil
Rights Act of 19.91 (78 Stat. 252) , the Regulations of the U.S. Department of
Transportation issued thereunder (CFR Title 49, Subtitle A, Part 21) , FTA
Circular 1160.1; Interim Guidelines on Title VI - Information Specific to
FTA Programs, and the assurance by the Contractor pursuant thereto.
Section 20. Disadvantaged Business Enterprises.
(a) Policy. It is the policy of the Department that Disadvantaged
Business Enterprises (DBE) as defined in 49 CFR Part 23 shall have the
maximum opportunity to participate in the performance of contracts financed
in whole or in part with Federal funds under the Agreement. Consequently,
the DBE requirements of 49 CFR Part 23 apply to this Agreement.
(b) DBE Obligation. The Contractor or its subcontractor(s) agree(s)
to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part ,
23 have the maximum opportunity to participate in the performance of
contracts and subcontracts financed in whole or in part with Federal funds
provided under this Agreement. In this regard the Contractor or its
subcontractor(s) shall take all necessary and reasonable steps in accordance
with 49 CFR Part 23 and FTA Circular 4716.1, dated January 15, 1985, and any
subsequent amendments or revisions thereto, to ensure that Disadvantaged
Business Enterprises have the maximum opportunity to compete for and perform
contracts. Contractors and their subcontractor(s) shall not discriminate on
the basis of race, color, national origin, or sex in the award and
performance of Department assisted contracts.
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(c) Subcontracts. The Contractor shall advise each subrecipient, or
subcontractor that failure to carry out the requirements set forth in 49 CFR
subsection 23.43(1) shall constitute a breach of contract and, after the
notification of the Department, may result in termination of the Agreement
or contract by the Contractor or such remedy as the Contractor deems
appropriate.
(d) DBE Program. If as a condition of assistance the Contractor has
submitted and '' the Department has approved a Disadvantaged Business
Enterprise program which the recipient agrees to carry out, this program is
incorporated into this Agreement by reference. This program shall be
treated as a legal obligation and failure to carry out its terms shall be
treated as a violation of the financial assistance Agreement. Upon
notification to the recipient of its failure to carry out the approved
program, the Department shall impose sanctions as noted in 49 CFR Part 23,
Subpart E, which sanctions may include termination of the Agreement or other
measures that may affect the ability of the Contractor to obtain future FTA
financial assistance.
Section 21. Section 504 - Rehabilitation Act of 1973. The Contractor
shall comply with all the requirements imposed by Section 504 of the
Rehabilitation Act of 1973 (P.L. 93-112, 29 U.S.C. 790 et seq) , the
Regulations of U.S. DOT issued thereunder (CFR Title 49, Part 27) , and the
assurance by the Contractor pursuant thereto.
Section 22. Americans with Disabilities Act. The Contractor shall
comply with all the requirements of the Americans with Disabilities Act of
1990 (P.L. 101-336) , the Regulations of the U.S. Department of
Transportation issued thereunder (CFR Title 49, Parts 37 and 38) , and the
assurance of the Contractor pursuant thereto.
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Section 23. Section 13(c) - Labor Standards. In connection with
the execution of this contract, the Contractor shall protect the interest of
employees affected by Federal assistance as part of the Project, as provided
by Section 13(c) of the Federal Transit Act of 1991, as amended, and the
assurance by the contractor pursuant thereto. The Contractor shall be
financially responsible for the application of the Section 13(c) Warranty.
An executed Section 13(c) Warranty must be filed with each application for
funds.
Section 24. Buy America. The Contractor shall comply with
Section 165 of the Surface Transportation Assistance act of 1982,. as amended
by Section 337 of the Surface Transportation and Uniform Relocation
Assistance Act of 1987, and FTA regulations at 49 CFR part 661 and any
guidance issued by FTA.
Section 25. Charter Service Operations. The Contractor shall not
engage in charter service operations except as provided under Section 3 (f)
of the Federal Transit Act, as amended, and FTA regulations "Charter
Services," 49 CFR Part 604.
Section 26. School Bus Operations. The Contractor shall not engage
in school bus operations exclusively for the transportation of students or
school personnel in competition with private school bus operations, except
as provided under section 3 (g) of the Federal Transit Act, as amended and
FTA regulations "School Bus Operations," 49 CFR Part 605 and any amendments
thereto that may be issued.
Section 27. Private Enterprise. The private enterprise provisions
of sections 3(e) , 8(c) and 9(f) of the Federal Transit Act of 1991, as
amended, 48 U.S.C. app. Sections 1602(e) , 1607(c) and 1607a(f) , and
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implementing guidance set forth in "Documentation of Private Enterprise
•
Participation Required for Sections 3 and 9 Programs
Section 28. Privacy Act. -The Contractor shall comply with the
Privacy Act of 1974, 5 U.S.C. Section 552a and regulations thereunder, when
performance under the Project involves design, development, or operation of
any system of records on individuals to be operated by the Contractor or its
third party contractors.
The Contractor agrees to notify the Department when the Contractor or
any of its third party contractors anticipates operating a system of
records on behalf of the Department in order to implement the Project, of
such system contains information about individuals retrievable by the
individual 's name or other identifier assigned to the individual . A system
of records subject to the Act may not be used in the performance of this
agreement until the necessary and applicable approval and publication
requirements have been met. The Contractor, and is third party contractors
agree to correct, maintain, disseminate, and use such records in accordance
with the terms of the Act, and to comply with all applicable terms of the
Act.
The Contractor agrees to include in every solicitation and in every
third party contract when the performance of work under that proposed third
party contract may involve the design, development, or operation of a system
of records on individuals to be operated under that third party contract, a
Privacy Act notification informing the third party contractor that it will be
required to design, develop, or operate a system of records on individuals
subject to the Privacy Act of 1974, 5 U.S.C. Section 552a, and the Federal
agency regulations, and that a violation of the Act may involve the
imposition of criminal penalties.
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The Contractor agrees to include text of this section in all third
party agreements under which work for this agreement is performed or which
is awarded pursuant to this agreement or which may involve the design,
development, or operation of such a system of records on behalf of the
Department.
Section 29. Hatch Act. The terms of 5 U.S.C. 1502 through 1508 (The
"Hatch Act") , and Office of Personnel Management regulations, "Political
Activity of State of Local Officers or Employees," 5 CFR Part 151, apply to
state and local agency and their officers and employees to the extent
covered by the statute and regulations. The "Hatch Act" restricts the
political activity of an individual principally employed by a state or local
executive agency in connection with a program financed in whole or in part
by a Federal loan, grant, or cooperative agreement. However, the "Hatch
Act" does not apply to a nonsupervisory employee of an urban mass
transportation system (or of any other agency or entity performing related
functions) to whom the "Hatch Act" is otherwise inapplicable.
Section 30. Prohibition of Drugs. The Contractor agrees to comply ,
with the following regulations: FTA regulations, "Control of Drugs Use in
Mass Transportation Operations," 49 CFR Part 653; Department of
Transportation regulations, "Drug-Free Workplace Requirements (Grants) ,"
49 CFR Part 29, Subpart F; and Department of Transportation regulations,
"Procedures for Transportation Workplace Drug Testing Programs," 49 CFR
Part 40.
Section 31. Debarment and Suspension. The Contractor shall obtain
from its third party contractors certificates required by Department of
Transportation regulations, "Governmentwide Department and Suspension
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(Nonprocurement) ," 49 CFR part 29, and otherwise comply with the requirement
of those regulations.
Section 32. False or Fraudulent Statements or Claims. The
Contractor acknowledges that if it makes a false, fictitious, or fraudulent
claim, statement, submission, or certification to the Department in
connection with this Project, the Department reserves the right to pursue
the procedures and impose on the Contractor the penalties of 18 U.S.C.
Section 1001, 31 U.S.C. Section 231 and 381 et seq. , and /or 49 U.S.C. app.
Section 1607(h) , as may be deemed by the FTA to be appropriated. The terms
of U.S. Department of Transportation regulations, "Program Fraud Civil
Remedies," 49 CFR Part 31, are applicable to this Project.
Section 33. Contract Changes. Any proposed changes in this
Agreement that would result in changes in the scope, character, or
complexity of the Project, as determined by the Department, shall require a
written amendment to the project agreement. Any other proposed minor
changes in this Agreement may be authorized by the Department's Director of
Public Transportation, or his delegate, by notifying the Contractor in ,
writing of the approved changes.
Section 34. Termination of Agreement.
(a) The Department of Transportation. In the event of the
Contractor's noncompliance with any of the provisions of the Agreement, the
Department may terminate the Agreement by giving the Contractor thirty (30)
days advance notice. The Department, before issuing notice of Agreement
termination, shall allow the Contractor thirty (30) days to correct for
noncompliance. Noncompliance with the nondiscrimination section of this
Agreement may result in the Agreement's being cancelled, terminated, or
suspended in whole or in part and the Contractor may be declared ineligible
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for contracts in accordance with procedures authorized in Executive Orders
No. 11246 and No. 11375, and such other sanctions may be imposed and
remedies invoked as provided in . the said Executive Order, and as
supplemented in Department of Labor regulations (41 CFR, Part 60) , or as
otherwise provided by law.
(b) The Contractor. The Contractor may terminate its participation
in the Project by notifying and receiving the concurrence of the Department
thirty (30) days in advance of the termination.
(c) Action Upon Termination. Upon the termination of this Agreement,
the Contractor shall dispose of all project equipment acquired under the
Agreement in accordance with the provisions of Sections 10, 11, and 15 of
this Agreement.
Section 35. Resolution of Disputes. In any dispute concerning a
question of fact in connection with the Project, the decision of the
Secretary of North Carolina Department of Transportation shall be final and
conclusive for all parties.
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IN WITNESS WHEREOF, this Agreement has been executed by the Department,
an agency of the State of North Carolina, and the Contractor by and through
a duly authorized representative, and is effective the date and year stated
herein.
COUNTY OF ORANGE
BY:
/
Chairperson
(SEAL)
Ate
ATTEST: 42;m;2y;m; .+r' 1 A.
T
TITLE: 4;1
DEPARTMENT OF TRANSPORTATION
BY: r�( !�!1 •
David D. King, Depu y Secretary
ATTEST: t-t.c.� mod.
Secretary
q3
GENERAL PURPOSE AUTHORIZING RESOLUTION
•
Resolution Authorizing The Executing Or Filing, As Appropriate, Of North
g gre .zts Grant Applications,
_ Carolina Department of Transportation 'Grant Ate_ p
Annual or Bienri a 1 Applications, Annual Budgets, And Other. Such Documents ,
As Appropriate, With The North Carolina Department of Transportation
Pursuant To Relevant Sections Of The Federal Transit Act of 1991, As
Ar,Pnded.
WHEREAS, the North Carolina Department of Transportation receives
grants from the U.S. Department of Transportation as authorized by the
Federal Transit Act of 1991, as amended; and
WHEREAS, the purpose of these transportation funds is to provide grant
=pies to local agencies for planning.and provision of public transportation
services; and
•
WHEREAS, Article 2B of Chapter 136 of the North Carolina General
• Statutes and the Governor of North Carolina have designated the North
Carolina Department of Transportation as the agency responsible for •
administering funds received through the Federal Transit Act of 1991; and
WHEREAS, the contract for finanr al assistance will impose certain
•
obligations upon the County of Orange , including the
(Applicant's Name)
provision of the local project costs; :and
WHEREAS, i t is required by the T.S. Department of Transportation and
the North. Carolina Department of Transportation in accord with the
provisions of Title 71 of the Civil Rights Act of 1964, that in connection
with the filing of an application for assistance under the Federal Transit
Act of 1991, as amended, County of Orange
(Applicant' s Name)
as applicant, gives an assurance that it will comply with Title VI of the
Civil Rights Act of 1964 and other pertinent directives and the U.S.
Department Department of Transportation and the North Carolina.Department of
Transportation requirements thereunder; and
•
WAS, it is the goal of the County of Orange •
• (Applicant's Name)
as applicant, that Disadvantaged Business Enterprises (DBE) be utilized to
the fullest extent possible in cuuulection with the project, and that -
definitive procedures shall be established and administered by the
County of Orange as applicant to ensure DBEs shall have
(Applicant's Name)
the ma{itan feasible opportunity-to compete for contracts and purchase
orders when procuring construction contracts, supplies, equipment contracts,
or consultant or other services._ _
•
•
NOW, THEREFORE, BE IT RESOLVED by the County of Orange .
(Applicant Name)
•
1. That the Chairperson is authorized to
- (Authorized Official's Title) •
execute and file NCDOT Grant,Agreements, Annual or Biennial
Applications, Annual Budgets, and other such documents, as
appropriate, on behalf of the County of Orange
(Applicant Name)
with the North Carolina Department of Transportation, to aid in
the financing of public transportation services as described
therein.
2. That the Chairperson is authorized to
(Authorized Official's Title) •
execute and file with such NCDOT Grant Agreements, Annual or
Biennial Applications, Annual Budgets, and other such documents,
as appropriate, any assurance or any other documents,required by
• the NCDOT effectuating the purposes of such NCDOT Grant
Agreements, Annual or Biennial Applications, Annual Budgets, and
other such docents, as appropriate.
3. That the Chairperson is authorized to
(Authorized Official's Title) •
furnish such additional information as the North Carolina
Department of Transportation may require in connection with such
NCDOT Grant Agreements, Annual or Biennial Applications, Annual
Budgets, and other such documents, as appropriate. .
4. That the Chairperson is authorized to set
(Authorized Official's.Title)
for h. and execute Disadvantaged Business Enterprise (DBE) policies
and procedu;.es in connection with all procurement needs associated
with such NCDOT Grant Aareements, Annual or Biennial Applications,
Annual Budgets, and other such documents, as appropriate.
5. That the Chairperson is authorized to
(Authorized Official's .Tile)
execute Want ab eeMents an behalf o the County of Orange
(Applicant's Name) '
with the North Carolina Department of Transportation to aid in the
financing a d, e== ,,mot rg' of the purposes of such NCDOT Grant
Agreements, Annual or Biennial Applications, Annual Budgets, and
•
other such documents, as appropriate.
•
•
=IFICATION
I. iv� ?/plie_ alev-k
Certng Of ficial s Name) (__t_e or Certifying Off_
c 1)
do hereby certify that the above is a true and correct copy of an excerpt
from the minutes of a meeting of the Orange Co. Board of Commissioners ,
(Name of Local Governing Board)
duly held on January 4, 1993 .
(Signature ! Certify ' +_1Iffi cial)
,'
(Signature of Authorized 0 r'% - '
. CHAIR
(Authorized 0 ticial s ' t e)
Subscribed and sworn to me this �3 day of , 19 ._
J .9:A401( I
, ,....d • .-
Notary public
® // P . .&® / 8/67 �f-Y ' �,!, Cdr) /6C.
Niy emission e�ires // 3 1�'�
11 Address