2017-575 OPT - FY2018 NCDOT application for Section 5310 Public Transportation Grant

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usually performed by the Contractor, the Grantee agrees to include inthat third party contract those requirements applicable to the Contractor imposed by the Grant Agreement for the Project orthoFTAK8eoterAonee0nntaUdeXtendthosm requirements throughout each tier except as the Department determ! , nes otherwise in writing. Additional guidance pertaining tothird party contracting is contained in the FTA`a "Best Practices Procurement Manual" FTA and the Department caution, however, that FTA's "Best Practices Procurement Manual" focuses mainly onthirdpedxpvocunarnentprooesnesmnd[naynnni1onrtoin other Federal requirements applicable to the work to be performed. (b) Subagreements. Because Project aotiVitiesperforrnedbvasUboontrauto[/ oubrecipient must comply with all applicable Federal and State |avYa, regu|sdioOs, and directives except to the extent that the Department determines otherwise in writing, the Grantee agrees wsfollows: 1 The into itte t with each subrecipient (subagree ' ment) stating the terms and conditions of assistance by which the Project will be undertaken and completed. 3 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, nagu|atioDa, and directives applicable tothe Project and the Grantee's obligations under this Agreement for the Project aOdtheFTA 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 orthaFTAMmater/\g[eonnendoUdextendthoseoaquirernmntsan necessary to any lower level aubagreeDnentnr any third party contractor ateach tier, except ae the Department determines otherwise inwriting. (3) Iran Divestment Act compliance kA N.C.G.8. 147-86.50 naquiPoo that all bide 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 8 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- 88.58. |M compliance with the requirements nf the Iran Divestment Act 2015 and N.C.G.8. 8 147-85.55 and 147-80.59' the Grantee shall not utilize the per-fbrmaDceof 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 VveboU*: and will be updated every 180 days, effective February 28'2O18. 1 By execution of this Agreement each Party certifies that neither it nor its Agents orCoDtaotore/SubnoDtnactoro /1\ are oD the Final Divestment List nf entities that the State Treasurer has determined engages in investment activities in'Iran; (2) shall not utilize on any contract with the State agency subcontractor that is identified on the Final Divestment List; and /3\thot.the undersigned are authorized bytho 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 es appropriate and provided for by |avv rule, or contract. Should this Act be voided by NC General Statute, this Agreement will remain valid; however this certification will oo longer berequired. g. No FederaVState Government Obligations to Third Parties. /n connection with performance ofthe Project, the Grantee agrees that, absent the Federal[State Government's express written consent, 05/27/2015 Page 5 of 37