|
the Department, and applicable Federal and State laws, regulations, and
<br />directives.
<br />b. Administrative Requirements. The Contractor agrees to comply with the following
<br />Federal and State administrative requirements:
<br />(1) U.S. DOT regulations, "Uniform Administrative Requirements for
<br />Grants and Cooperative Agreements to State and Local Governments," 49
<br />C.F.R. Part 18 at (http://www.access.gpo.gov/nara/cfr/cfr-table-
<br />search.html#page1).
<br />(2) Title 19A North Carolina Administrative Code (N.C.A.C.) Subchapter
<br />56 at (http://reports.oah.state.nc.us/ncac.asp).
<br />c. Application of Federal, State, and Local Laws. Regulations, and Directives. To
<br />achieve compliance with changing federal requirements, the Contractor makes note that federal, state
<br />and local requirements may change and the changed requirements will apply to this Agreement as
<br />required.
<br />d. Contractor's Primary Responsibility to Comply with Federal and State Requirements.
<br />Irrespective of involvement by any other participant in the Project, the Contractor agrees that it, rather
<br />than the participant, is ultimately responsible for compliance with all applicable Federal and State laws,
<br />regulations, and directives, .the Master Agreement between the FTA and the Department, and this
<br />Agreement, except to the extent that the Department determines otherwise in writing. Unless otherwise
<br />authorized in writing by the Department, the Contractor shall not assign any portion of the work to be
<br />performed under this Agreement, or execute any contract, amendment, or change order thereto, or
<br />obligate itself in any manner with any third party with respect to its rights and responsibilities under this
<br />Agreement without the prior written concurrence of the Department. Further, the Contractor shall
<br />incorporate the provisions of this Agreement into any lease arrangement and shall not enter into any
<br />lease arrangement without the prior concurrence of the Department. Any lease approved by the
<br />Department shall be subject to the conditions or limitations governing the lease as set forth by the FTA
<br />and the Department. If the Contractor leases any Project asset to another party, the Contractor agrees
<br />to retain ownership of the leased asset, and assure that the Lessee will use the Project asset to provide
<br />mass transportation service, either through a "Lease and Supervisory Agreement" between the
<br />Contractor and Lessee, or another similar document. The Contractor agrees to provide a copy of any
<br />relevant.documents.
<br />(1) Significant Participation by a Third Party Contractor. Although the
<br />Contractor may enter into a third party contract, after obtaining approval from the Department, in which
<br />the third party contractor agrees to provide property or services in support of the Project, or even carry
<br />out Project activities normally performed by the Contractor (such as in a turnkey contract), the
<br />Contractor agrees that it, rather than the third party contractor, is ultimately responsible to the
<br />Department for compliance with all applicable Federal and State laws, regulations, and directives,
<br />except to the extent that the Department determines otherwise in writing.
<br />(2) Significant Participation by a Subcontractor. Although the Contractor
<br />may delegate any or almost all Project responsibilities to one or more subcontractors, the Contractor
<br />agrees that it, rather than the subcontractor, is ultimately responsible for compliance with all applicable
<br />Federal and State laws, regulations, and directives, except to the extent that the Department
<br />determines otherwise in writing.
<br />(3) Significant Participation by a Lessee of a Contractor. Although the
<br />contractor may lease project property and delegate some or many project responsibilities to one or
<br />more lessees, the Contractor agrees that it, rather than any lessee, is ultimately responsible for
<br />compliance with all applicable Federal laws, regulations, and directives, except to the extent that FTA
<br />determines otherwise in writing.
<br />e. Contractor's Responsibility to Extend Federal and State Reauirements to Other
<br />Entities.
<br />(1) Entities Affected. Only entities that are signatories to this Agreement for the
<br />Project are 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 party
<br />contractors, will necessarily be involved. Accordingly, the Contractor agrees to take the appropriate
<br />Updated 9/17/10 Page 3 of 34
<br />
|