2009-109 Aging - Application for American Recovery and Reinvestment Act Transit Funds

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2 within the State of North Carolina; and WHEREAS, the Governor of North Carolina, in accordance with Section 5311 of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act - A Legacy for Users (SAFETEA-LU), Public Law 109-59, August 10, 2005, and the Transportation Equity Act for the 21 sc Century (TEA-21), Public Law 105-178, June 1998, as amended, has designated the North Carolina Department of Transportation as the agency to receive and administer Federal funds under this program; and WHEREAS, the Department, under the terms of this Agreement shall make ARRA grants to the Contractor; and WHEREAS, the Department and the Contractor desire to secure and utilize Section 5311 ARRA 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. a. Purpose. The purpose of this Agreement is to provide for the undertaking of non- urbanized 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 and conditions as to the manner in which the Project will be undertaken and completed. 1) Contractor Responsibilities. The Contractor shall ensure that all subcontracts and other contracts for goods and services for an ARRA-funded project have the mandated provisions of this directive in their contracts. Pursuant to Title XV, Section 1512 of the ARRA, the State shall require that the Contractor provide reports and other employment information as evidence to document the number of jobs created or jobs retained by this contract from the Contractor's own workforce and any sub-contractors. No direct payment will be made for providing said reports, as the cost for same shall be included in the various items in the contract. 2) Recovery Act Funding. The Contractor is notified that this project will be financed with American Recovery and Reinvestment Act of 2009 (hereinafter, "ARRA") funds. The Contractor acknowledges that receipt of Recovery Act funds is a "one time" disbursement that does not create any future obligation by FTA to advance similar funding amounts. 3) Compliance with Federal State and Local Directives. Contractor agrees to comply with the provisions of this agreement. Failure to comply with any and all provisions herein may be cause for the Department or FTA to terminate funding. 4) Integrity. The Contractor agrees that all data submitted to the Department, North Carolina Office of Economic Recovery and Investment (OERI), or its agents, and the FTA in compliance with the Recovery Act requirements will be accurate, objective, and of the highest integrity. Revised 1/6/10