2017-574 OPT - FY2018 NCDOT application for Section 5339 Public Transportation Grant

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FTA and the Department caution, however, that FTA's "Best Practices Procurement Manual" focuses mainly on third party procurement processes and may omit certain other Federal requirements applicable to the work to be performed. (b) Subagreements. Because Project activities performed by a subcontractor / subrecipient must comply with all applicable Federal and State laws, regulations, and directives except to the extent that the Department determines otherwise in writing, the Grantee agrees as follows: 1 Written Subaareement. The Grantee agrees to enter into a written agreement with each subrecipient ( subagreement) stating the terms and conditions of assistance by which the Project will be undertaken and completed. 2 Compliance with Federal Requirements. The Grantee agrees to implement the Project in a manner that will not compromise the Grantee's compliance with Federal and State laws, regulations, and directives applicable to the Project and the Grantee's obligations under this Agreement for the Project and the FTA Master Agreement. Therefore, the Grantee agrees to include in each subagreement appropriate clauses directing the subrecipient to comply with those requirements applicable to the Grantee imposed by this Agreement for the Project or the FTA Master Agreement and extend those requirements as necessary to any lower level subagreement or any third party contractor at each tier, except as the Department determines otherwise in writing. (3) Iran Divestment Act compliance (a) N.C.G.S. 147 -86.59 requires that all bids or contracts or renewals with the State of North Carolina, North Carolina local governments, or any other political subdivision of the State of North Carolina have a certification that the Grantee is not on the Final Divestment List as created by the NC State Treasurer pursuant to N.C.G.S. § 147 - 86.58. In compliance with the requirements of the Iran Divestment Act 2015 and N.C.G.S. § 147 -86.55 and 147 - 86.59, the Grantee shall not utilize the performance of the contract of any subcontractor that is identified on the Final Divestment List. The State Treasurer's Final Divestment List can be found on the State Treasurer's website: www.nctreasurer.com /Iran and will be updated every 180 days, effective February 26, 2016. 1 By execution of this Agreement each Party certifies that neither it nor its Agents or Contactors /Subcontractors (1) are on the Final Divestment List of entities that the State Treasurer has determined engages in investment activities in Iran; (2) shall not utilize on any contract with the State agency any subcontractor that is identified on the Final Divestment List; and (3) that the undersigned are authorized by the Parties to make this Certification. 2 During the term of this Agreement, should the Parties receive information that a person is in violation of the Act as stated above, the Department will offer the person an opportunity to respond and the Department will take action as appropriate and provided for by law, rule, or contract. Should this Act be voided by NC General Statute, this Agreement will remain valid; however this certification will no longer be required. No Federal /State Government Obligations to Third Parties. In connection with performance of the Project, the Grantee 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 subrecipient, 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, subagreement, or third party contract, the Federal /State Government has no obligations or liabilities to such entity, including any subrecipient, third party contractor, or lessee. Changes in Project Performance (i.e., Disputes, Breaches, Defaults, or Liti ation ). The Grantee agrees to notify the Department immediately, in writing, of any change in local law, conditions 05/27/2015 Page 5 of 36