2013-074 Aging - NCDOT - FY2014 Section 5310 Non Urbanized Area Public Transportation Grant

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Page 2 of 40 Section 2. Project Scope & Implementation. Orange County will initiate a Senior Transportation Expansion, Assessment, and Mobility Management (STEAMM) project by hiring a Mobility Manager who will identify current resources, coordinate information provision/referrals to consumers and analyze service delivery gaps. A key component of the STEAMM project will be the identification of additional transportation providers and collaborations that will result in expanded providers and collaborations that will result in expanded services to seniors in Orange County. Contractor agrees at all times to comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Contractor and NCDOT/FTA, as they may be amended or promulgated from time to time during term of this contract. Contractor's failure to do so shall constitute a material breach of this contract. The Contractor agrees to carry out the Project as follows: a. Federal, State, and Local Regulations & Directives. The Contractor shall undertake and complete the non-urbanized area public transportation services in accordance with the procedures and guidelines set forth in this Agreement and in the following documents: (1) Federal Transit Administration (hereinafter referred to as "FTA") Circular 9070.1 F, dated May 1, 2007 at: (hftp://www.fta.dot.govldocumentsIC9070.lFpdo; (2) FTA Master Agreement, dated October 1, 2012, Document Number FTA MA(19), at www.fta.dot.gov/documents/19-Master.pdf_; (3) The State Management Plan for Federal and State Transportation Programs (hereinafter referred to as"State Management Plan"); (4) The Section 5310 grant application for financial assistance; and The Coordinated Public Transit— Human Services Transportation Plan (Locally Coordinated Plan)for Orange County. The 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. b. No Federal/State Government Obligations to Third Parties. In connection with performance of the Project, the Contractor agrees that, absent the Federal/State Government's express written consent, the Federal/State Government shall not be subject to any obligations or liabilities to any sub- recipient, third party contractor, lessee or other person or entity that is not a party to this Agreement for the Project. Notwithstanding that the Federal/State Government may have concurred in or approved any solicitation, sub-agreement, or third party contract, the Federal/State Government has no obligations or liabilities to such entity, including any sub- recipient, third party contractor, or lessee. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. C. Changes in Project Performance (i.e. Disputes, Defaults, or Litigation).—The Contractor agrees to notify the Department immediately in writing, of any change in local law, conditions (including its legal, financial, or technical capacity), or any event that may adversely affect the Contractor's ability to perform the Project as provided in this Agreement for the Project. The Revised 02/20/13