Orange County NC Website
with Federal and / or State funds . A sample certification form can be obtained from the <br /> Department. <br /> 1 . Procurement Notification Requirements . With respect to any procurement for goods and <br /> services (including construction services) having an aggregate value of $ 500 , 000 or more (in <br /> Federal funds) , the Recipient agrees to : ( 1 ) Specify the amount of Federal and State funds that <br /> will be used to finance the acquisition in any announcement of the contract award for such <br /> goods or services ; and ( 2 ) Express the said amount as a percentage of the total costs of the <br /> planned acquisition . <br /> m . Contract Administration System . The Recipient shall maintain a contract administration <br /> system that ensures that contractors /subcontractors perform in accordance with the terms, <br /> conditions , and specifications of their contracts or purchase orders . <br /> n . Access to Third Party Contract Records . The Recipient agrees, and agrees to require its third <br /> party contractors and third party subcontractors , at as many tiers of the Project as required, <br /> to provide to TJCOG access to all third party contract records to the extent required by 49 <br /> U . S . C . § 5325 (g) , and retain such documents for at least five ( 5 ) years after project completion . <br /> Section 12 . Leases . <br /> a . Capital Leases . To the extent applicable, the Recipient agrees to comply with FTA regulations , <br /> " Capital Leases , " 49 C . F . R. Part 639 , and any revision thereto . <br /> b . Leases Involving Certificates of Participation . The Recipient agrees to obtain the concurrence <br /> of the TDM Oversight Committee before entering into any leasing arrangement involving the <br /> issuance of certificates of participation in connection with the acquisition of any capital asset. <br /> Section 13 . Hold Harmless . <br /> Except as prohibited or otherwise limited by State law, upon request by TJCOG, the Recipient agrees <br /> to indemnify, save, and hold harmless TJCOG and its officers , agents , and employees acting within the <br /> scope of their official duties against any liability, including costs and expenses, resulting from any <br /> willful or intentional violation by the Recipient of proprietary rights , copyrights , or right of privacy, <br /> arising out of the publication, translation, reproduction, delivery, use , or disposition of any data <br /> furnished under the Project. The Recipient shall not be required to indemnify TJCOG for any such <br /> liability caused by the wrongful acts of TJCOG employees or agents . <br /> Section 14 . Use of Real Property, Equipment, and Supplies . <br /> The Recipient understands and agrees that the State Government retains a State interest in any real <br /> property, equipment, and supplies financed with State assistance ( Project property) until, and to the <br /> extent, thatthe State Government relinquishes its State interest in that Project property. With respect <br /> to any Project property financed with State assistance under this Agreement, the Recipient agrees to <br /> comply with the following provisions of this Agreement . <br /> a . Use of Project Property. The Recipient agrees to use Project property for appropriate Project <br /> purposes (which may include joint development purposes that generate program income, <br /> both during and after the award period and used to support public transportation activities) <br /> for the duration of the useful life of that property, as required by TJCOG . Should the Recipient <br /> unreasonably delay or fail to use Project property during the useful life of that property, the <br /> Recipient agrees that it may be required to return the entire amount of the State assistance <br /> expended on that property. The Recipient further agrees to notify TJCOG immediately when <br /> any Project property is withdrawn from Project use or when any Project property is used in <br /> a manner substantially different from the representations the Recipient has made in its <br /> Application or in the Project Description for this Agreement for the Project. <br /> b . General . The Recipient agrees to comply with the property management standards of 49 <br /> C . F . R. § § 18 . 31 through 18 . 33 , including any amendments thereto , and with other applicable <br /> Page 12 of 18 <br />