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S Agreement - Public Transportation State Capital Grant Agreement for Public Body $209,500
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S Agreement - Public Transportation State Capital Grant Agreement for Public Body $209,500
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Last modified
4/15/2011 9:41:12 AM
Creation date
1/10/2011 3:07:51 PM
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BOCC
Date
3/16/2010
Meeting Type
Regular Meeting
Document Type
Agreement
Agenda Item
6a
Document Relationships
Agenda - 03-16-2010 - 6a
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\Board of County Commissioners\BOCC Agendas\2010's\2010\Agenda - 03-16-2010 - Regular Mtg.
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responsibilities as stated in Section 23 of this Agreement, and as may be set forth in <br />subsequent Federal and State laws, regulations, and directives, except to the extent the <br />Department determines otherwise in writing. <br />Section 19. Insurance. The Contractor shall be responsible for protecting the state <br />and/or federal financial interest in the facility construction/renovation, vehicle and equipment <br />purchased under this Agreement throughout the useful life. The Contractor shall provide, as <br />frequently and in such manner as the Department may require, written documentation that the <br />facility and equipment are insured against loss in an amount equal to or greater than the state <br />and/or federal share of the real value of the facility or equipment. Failure of the Contractor to <br />provide adequate insurance shall be considered a breach of contract and, after notification <br />may result in termination of this Agreement. <br />In addition, other insurance requirements may apply, the Contractor agrees as follows: <br />a. Minimum Requirements. At a minimum, the Contractor agrees to comply <br />with the. insurance requirements normally imposed by North Carolina State and local laws, <br />regulations, and ordinances, except to the extent that the Department determines otherwise in <br />writing. <br />b. Flood Hazards. To the extent applicable, the Contractor agrees to comply <br />with the flood insurance purchase provisions of Section 102(a) of the Flood Disaster Protection <br />Act of 1973, 42 U.S.C. § 4012a(a), with respect to any Project activity involving construction or <br />an acquisition having an insurable cost of $10,000 or more. <br />Section 20. Relocation. When relocation of individuals or businesses is required, the <br />Contractor agrees as follows: <br />a. Relocation Protections. The Contractor agrees to comply with 49 U.S.C. § <br />5324(a), which requires compliance with the Uniform Relocation Assistance and Real Property <br />Acquisition Policies Act of 1970, as amended, 42 U.S.C. §§ 4601 et seq.; and U.S. DOT <br />regulations, Uniform Relocation Assistance and Real Property Acquisition for Federal and <br />,~ <br />Federally Assisted Programs, 49 C.F.R. Part 24, which provide for fair and equitable <br />treatment of persons displaced and persons whose property is acquired as a result of Federal <br />and federally assisted programs. [See, new U.S. DOT final rule, "Uniform Relocation <br />Assistance and Real Property Acquisition for Federal and Federally Assisted Programs," 49 <br />C.F.R. Part 24, at 70 Fed. Reg. 590 et seq., January 4, 2005.] These requirements apply to <br />relocation in connection with all interests in real property acquired for the Project regardless of <br />Federal participation in the costs of that real property. <br />b. Nondiscrimination in Housing. In carrying out its responsibilities to provide <br />housing that may be required for compliance with Federal relocation requirements for <br />individuals, the Contractor agrees to comply with Title VIII of the Civil Rights Act of 1968, as <br />amended, 42 U.S.C. §§ 3601 et seq., and with Executive Order No. 12892, "Leadership and <br />Coordination of Fair Housing in Federal Programs: Affirmatively Furthering Fair Housing," 42 <br />U.S.C. § 3608 note. <br />c. Prohibition Against Use of Lead-Based Paint. In undertaking construction or <br />rehabilitation of residential structures on behalf of individuals affected by real property <br />acquisition in connection with implementing the Project, the Contractor agrees that it will not <br />use lead-based paint, .consistent with the prohibitions of Section 401(b) of the Lead-Based <br />Paint Poisoning Prevention Act, 42 U.S.C. § 4831(b), and the provisions of U.S. Housing and <br />UrbarE Development regulations, "Lead-based Paint Poisoning in Certain Residential <br />Structures." <br />Section 21. Employee Protections. <br />a. Construction Activities. The Contractor agrees as applicable to comply, and <br />assure the compliance of each third party contractor, and each sub-recipient at any tier of the <br />Updated 07/26/10 27 <br />
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