071216wsa Agenda Package9:00am
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9:30am
9:45am
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10:30 am
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11:45 am
Harnett County Board of Commissioners
Work Session
Tuesday, July 12, 2016
9:00am
Request for new position for HARTS (90% state 10% local), General Services
Director Barry Blevins
Spay/Neuter Program Agreement with Rescue Groups, General Services Director
Barry Blevins
Amend Personnel Ordinance, Human Resource Director John Rankins
Special Tax /Service Districts for Harnett County Parks and Recreation, Intern
Taylor Emory
Naloxone (Narcan) for Law Enforcement Officers, Emergency Management
Director Jimmy Riddle
County Manager's Update:
1) Agricultural Summit discussion
2) City ofDunn/CCCC invoices
3) Service Contracts for Exterminator and Fire Extinguisher
4) Request for land by Reggie Kelly
5) July 18, 2016 Regular Meeting Agenda Review
Closed session
Adjourn
Immediately following the work session some commissioners may visit the site being considered
for proposed zoning change: Case# RZ-16-116, Landowner/Applicant: Johnny Faircloth; 2.52
+/-acres (consisting 5 parcels) Pin's # 9575-24-1972,9575-24-4817,9575-24-4764,9575-25-
2300; 9575-25-1192; From RA-20R to Commercial Zoning District; OffNC Hwy 24 (on Red
Bird Drive & Chipmunk Court); Johnsonville Township.
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Board Meeting
Agenda Item
MEETIN G DATE: July 18,2016
TO : HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT : NCDOT FY17 5311 Community Transportation Grant Agreement I
Additional Administrative Position Request for (HARTS)
REQUESTED BY: Barry A. Blevins
REQUEST:
General Services Director, Harnett Area Rural Transit (HARTS) requests the Harnett Co unty
Board of Commissioners consider and approve the North Carolina Department of
Transportation (NCDOT) FY1 7 5311 grant agreement in the amount of $285 ,428 ; total
county match is $47,108 . The grant covers b oth capital and admini stration co sts asso ci ated
with providing public transportation for the citi zens of Harnett County. Additionally,
NCDOT approved funding for an additional administration position and is included w ithin
total grant funding. General Services Director requests the Bo ard con sider and approve the
additional grant funded position.
FINANCE OFFICER'S RECOMMENDATION:
COUNTY MANAGER'S RECOMMENDATION:
C:\Users\gwheeler\Ap pDa ta\Local\M ic rosoft\ Windows\TN et Cache\Content.Out loo k\A3 1 FHRFY\agend af orm20 16 -Grant
Agreement Position.d oc Page I of2 071216wsa HC BOC Page 2
PAT McCRORY
GD~'t'm!~r
NICHOLAS j . TENNYSON
Transportation
Mr. Jim Burgin, Chairperson
County of Harnett
Post Office Box 759
Lillington, North Carolina 27546-0759
June 10,2016
RE: FYI 7 Community Transportation Program (Section 53 I I)
Project No. I 7-CT-040
WBS Element No(s). 36233.50.19. I (Admin) I 36233.50. I 9.3 (Cap)
Agreement No.(s) TBD
Period of Performance: 711116-6/30/17
Dear Mr. Burgin:
~m·rw,.
On March 28,2016, the Board of Transportation approved your organization 's request
for a FYI 7 5311 Community Transportation grant in the amount of $285,428. The agreement to
be executed between County of Harnett and NCDOT is enclosed. The individual authorized to
enter into thi s agreement for the financial assistance on behalf of your agency will sign the
agreement. Please provide a copy of the agreement to all parties that will be involved in the
administration of the grant, and reques t that the agreement be reviewed carefully. Instructions for
completion of the grant agreement process are enclosed.
Please refer to Section 7 of the grant agreement that requires sub-recipients to submit
monthly or quarterly requests for reimbursement.
If you have any question related to the grant agreement, please contact Myra Freeman,
Financial Manager at 919-707-4672 or your assigned Accounting Specialist. In any
correspondence, please reference your assigned project number, WBS element, Agreement
number and period of performance referenced on this letter.
DC\mf
Attachments
Sincerely,
~c~
L-
Debbie Collins
Director
~~ ...... Nothing Compar(>s'~.
State of North Caro lina 1 Department ofTransportation I Public Transportation Divisio n
I South Wilmington Street, Room 54 2 11550 Mail Service Center I Raleigh, NC 27699-1550
919 707 4670 T 071216wsa HC BOC Page 3
Grant Addendum: Iran Divestment Act
STATE OF NORTH CAROLINA COUNY OF WAKE
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION and
COUNTY OF HARNETT (17-CT-040).
May it be known that the undersigned parties, for good conside ration, do hereby agree to make the
following changes and I or additions that are outlined below; these additions shall be made valid as if they
are included in the original stated contract.
Pursuant to G.S. 147-86.59 (effective no later than 30 days from October 1, 2015), any person identified
as engaging in investment activities in Iran, determined by appearing on the Final Divestment List crea te d
by the State Treasurer pursuant to G.S. 147-86.58, is ineligible to contract with the State of North
Carolina or any political subdivision of the State. The Iran Divestment Act of 2015, G.S. 147-55 et seq.
requires that each vendor, prior to contracting with the State, certify that the contracting party meets the
requirements of the Iran Disinvestment Act. The State Treasurer's Final Divestment List can be found on
the State Treasurer's website at the address www.nctreasurer.com/lran and will be updated every 180
days, effective February 26, 2016.
0 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 .
o 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 other terms or conditions of the above mentioned contract shall be negated or changed as a result of
this here stated addendum.
Contractor's Authorized Representative:-------------------
Title:--------------Date: __________ ___
A signed copy of thi s document must be returned to NCDOT.
June 2016
071216wsa HC BOC Page 4
State Grant Certification-No Overdue Tax Debts or Conflicts of Interest
For Individual Grantees
Date:
To: [Granting Agency]
Certification:
We certify that,
------------------------------------------------------------Jdoesnothave
any overdue tax debt s, as defined by N.C.G .S. 105-243.1, at the federal, State, or local level. I further
certify that I will not use funds awarded by this grant to satisfy any subsequent tax obligations.
Additionally,------------------------------------------------------'
does not have any conflicts of interest with any employees of [Granting Agency], or any governing Board
as defined by North Carolina G.S.143-6 -23(b)(c). I further understand that a false statement made is in
violation of N.C.G.S . 143-6-23 and such false statement would be a criminal offense punishable as
provided by N.C.G .S. 143C-10-1.
Sworn Statement:
We ,-----------------------------------------a I so acknowledge and understand that
any misuse of State funds will be reported to the appropriate authorities for further action .
Name I Title
Sworn to and subscribed before me on the day of the date of said certification.
My Commission Expire s: _____________ _
(Notary Signature and Seal)
---------------------------------------------------------------------Rev ise d 2/11 071216wsa HC BOC Page 5
STATE OF NORTH CAROLINA
COUNTY OF WAKE
NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
and
COUNTY OF HARNETT
NONURBANIZED AREA
PUBLIC TRANSPORTATION
GRANT AGREEMENT FOR
PUBLIC BODY ORGANIZATIONS
COMMUNITY TRANSPORTATION
PROGRAM-SECTION 5311
CFDA NUMBER: 20.509
PROJECT NUMBER: 17-CT-040
*************************************************************************************************************
THIS AGREEMENT made this the __ day of , 20_, (hereinafter referred to as
AGREEMENT) by and between the NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
(hereinafter referred to as "Department", an agency of the State of North Carolina) and COUNTY OF
HARNETT, (acting in its capacity as the designated Section 5311 recipient hereinafter referred to as
the "Contractor").
WHEREAS, Chapter 53 of 49 U.S .C. app 5311 et seq. (formerly Section 18 program) provides
federal administrative, operating, and capital assistance for public transportation in rural and small
urban areas by way of a formula grant program to be administered by the State; and
WHEREAS, the purpose of 49 U.S .C. 5311 is to enhance access of people in nonurbanized
areas for purposes such as health care, shopping, education, recreation, public services, and
employment by encouraging the maintenance , development, improvement, and use of public
passenger transportation systems; and
WHEREAS , the Contractor has been designated as the recipient of 49 U.S .C . 5311 funds , and
WHEREAS, Article 2B of Chapter 136 of the North Carolina General Statutes (N.C .G.S.)
designated the Department of Transportation as the agency of the State of North Carolina responsible
for administering all Federal and/or State programs relating to public transportation, and granted the
Department authority to do all things required under applicable Federal and/or State legislation to
properly administer the public transportation within the State of North Carolina; and
WHEREAS, the Governor of North Carolina, in accordance with Section 5311 of the Safe ,
Accountable , Flexible , and Efficient Transportation Equity Act - A Legacy for Users (SAFETEA-LU),
Public Law 109-59, August 10, 2005, and the Transportation Equity Act for the 21 st Century (TEA-21 ),
Public Law 105-178, June 1998, as amended , has designated the North Carolina Department of
Transportation as the agency to receive and administer Federal funds under this program; and
WHEREAS , in order to assist in providing transportation services , the Department, under the
terms of this Agreement shall make grants of administrative, operating and capital assistance to the
Contractor; and
WHEREAS , the Department and the Contractor desire to secure and utilize Section 5311 grant
funds and State funds for the above referenced purposes .
NOW , THEREFORE, in consideration of the mutual covenants herein set forth, the Department
and the Contractor agree as follows :
Section 1. Purpose of Agreement. The purpose of this Agreement is to provide for the
undertaking of nonurbanized area public transportation services as described in the project application
(hereinafter referred to as "Project") properly prepared, endorsed, approved , and transmitted by the
Contractor to the Department, and to state the terms and conditions as to the manner in which the
Project will be undertaken and completed.
Section 2. Project Implementation . The Contractor shall carry out the Project as follows:
a. Scope of Project. County of Harnett will use the grant funding to provide
Administrative support to the public transportation program. These services
enhance passengers' accessibility in the rural areas to health care, shopping,
education, employment, public services, and recreation. The Capital funds will
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,
be used to purchase vehicles: (1) High-top vehicle wo/k!ift; and lettering and
logos for the vehicle.
b. The Contractor shall undertake and complete the nonurbanized area public
transportation services in accordance with the procedures and guidelines set forth in
the following documents:
(1) Federal Transit Administration (hereinafter referred to as "FTA")
Circular 9040.1 F, dated April 1, 2007 at:
(www.fta.dot.gov/laws/leg_reg_circulars_guidance.html);
(2) FTA Master Agreement, FTA MA (21), October 1, 2014
at (www.fta.dot.gov/documents/16-Master.pdf);
(3) The State Management Plan for Federal and State Transportation
Programs (hereinafter referred to as "State Management Plan");and
(4) The Section 5311 grant application for financial assistance.
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.
Section 3: Cost of Project/Project Budget. The total cost of the Project approved by the Department
is THREE HUNDRED THIRTY-TWO THOUSAND FOUR HUNDRED FORTY-SIX DOLLARS
($332,446) as set forth in the Project Description and Budget, incorporated into this Agreement as
Attachment A. The Department shall provide, from Federal and State funds , the percentages of the
actual net cost of the Project as indicated below, not in excess of the identified amounts for eligible
administrative , operating, and capital expenses . The Contractor hereby agrees that it will provide the
percentages of the actual net cost of the Project, as indicated below, and any amounts in excess of the
Department's maximum (Federal plus State shares). The net cost is the price paid minus any refunds,
rebates, or other items of value received by the Contractor which have the effect of reducing the actua l
cost.
Administration Administration Administration Administration Administration
WBS Total Federal (80%) State (5%) Local (15%)
36233.50.19 .1 $275,446 $220,356 $13,772 $41 ,318
Agreement#
Capital Capital Capital Capital Capital
WBS Total Federal (80%) State (10%) Local (10%)
36233.50.19.3 $57,000 $45,600 $5,700 $5,700
Agreement#
Project Project Project Project Project
Total Total Total Federal Total State Total Local
$332,446 $265,956 $19,472 $47,018
Section 4: Period of Performance. This Agreement shall commence upon the date of execution ,
unless specific written authorization from the Department to the contrary is received. The period of
performance for all expenditures shall extend from July 1, 2016 to June 30, 2017 , unless written
authorization to the contrary is provided by the Department. Any requests to change the Period of
Performance must be made in accordance with the policies and procedures established by the
Department or FTA. The Contractor shall commence, carry on, and complete the approved Project
with all practicable dispatch, in a sound, economical, and efficient manner.
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Section 5 . Contractor's Capacity .
a . The Contractor agrees to mainta in sufficient legal , financial, technical , and managerial
capability to :
(1) Plan, manage, and complete the Project and provide for the use of Project
property;
(2) Carry out the safety and security aspects of the Project; and
(3) Comply with the terms of this agreement, the Master Agreement
between the FT A and the Department, the Approved Project Budget, the
Project schedules , the Contractor's annual Certifications and Assurances to
the Department, and applicable Federal and State laws , regulations, and
directives.
b . Administrative Requirements . The Contractor agrees to comply with the following
Federal and State administrative requirements:
(1) U .S . DOT regulations , "Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments," 49
C .F.R. Part 18 at (http://www.access.gpo.gov/nara/cfr/cfr-table-
search .html#page1 ).
(2) Title 19A North Carolina Administrative Code (N .C.A.C .) Subchapter
5B at (http ://reports .oah .state .nc.us/ncac.asp).
c. Application of Federal. State . and Local Laws. Regulations, and Directives. To
achieve compliance with changing federal requirements , the Contractor makes note that federal, state
and local requirements may change and the changed requirements will apply to this Agreement as
required .
d . Contractor's Primary Responsibility to Comply with Federal and State Requirements .
Irrespective of involvement by any other participant in the Project, the Contractor agrees that it, rather
than the participant, is ultimately responsible for compliance with all applicable Federal and State laws,
regulations, and directives, the Master Agreement between the FTA and the Department, and this
Agreement, except to the extent that the Department determines otherwise in writing. Unless otherwise
authorized in writing by the Department, the Contractor shall not assign any portion of the work to be
performed under this Agreement, or execute any contract, amendment, or change order thereto , or
obligate itself in any manner with any third party with respect to its rights and responsibilities under this
Agreement without the prior written concurrence of the Department. Further, the Contractor shall
incorporate the provisions of this Agreement into any lease arrangement and shall not enter into any
lease arrangement without the prio r concurrence of the Department. Any lease approved by the
Department shall be subject to the conditions or limitations governing the lease as set forth by the FT A
and the Department. If the Contractor leases any Project asset to another party, the Contractor agrees
to retain ownership of the leased asset, and assure that the Lessee will use the Project asset to provide
mass transportation service , either through a "Lease and Supervisory Agreement" between the
Contractor and Lessee, or another similar document. The Contractor agrees to provide a copy of any
relevant documents .
(1) Significant Part icipation by a Third Party Contractor. Although the
Contracto r may enter into a third party contract, after obtaining approval from the Department, in which
the th ird party contractor agrees to provide property or services in support of the Project, or even carry
out Project activities normally performed by the Contractor (such as in a turnkey contract), the
Contractor agrees that it , rather than the third party contractor, is ultimately responsible to the
Department for compliance with all applicable Federal and State laws , regulations, and directives,
except to the extent that the Department determines otherwise in writing .
(2) Significant Participation by a Subcontractor. Although the Contractor
may delegate any or almost all Project responsibil ities to one or more subcontractors , the Contractor
agrees that it , rather than the subcontra ctor, is ultimately responsible for compliance with all applicable
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Federal and State laws, regulations , and directives, except to the extent that the Department
determines otherwise in writing.
(3) Significant Participation by a Lessee of a Contractor. Although the
contractor may lease project property and delegate some or many project responsibilities to one or
more lessees, the Contractor agrees that it, rather than any lessee , is ultimately responsible for
compliance with all applicable Federal laws, regulations , and directives , except to the extent that FTA
determines otherwise in writing.
e . Contractor's Responsibility to Extend Federal and State Requirements to Other
Entities.
(1) Entities Affected. Only entities that are signatories to this Agreement for the
Project are parties to this agreement. To achieve compliance with certain Federal and State laws ,
regulations, or directives , however, other Project participants, such as subrecipients and third party
contractors , will necessarily be involved. Accordingly, the Contractor agrees to take the appropriate
measures necessary to ensure that all Project participants comply with applicable Federal and State
laws, regulations, and directives affecting their performance, except to the extent the Department
determines otherwise in writing.
(2) Documents Affected. The applicability provisions of Federal and State laws,
regulations, and directives determine the extent to which their provisions affect a Project participant.
Thus, the Contractor agrees to include adequate provisions to ensure that each Project participant
complies with those Federal and State laws, regulations, and directives, except to the extent that the
Department determines otherwise in writing . In addition , the Contractor also agrees to require its third
party contractors, subrecipients, and lessees to include adequate provis ions to ensure compliance with
applicable Federal and State laws, regulations, and directives in each lower tier subcontract and
subagreement for the Project, except to the extent that the Department determines otherwise in writing .
Additional requirements include the following:
(a) Third Party Contracts. Because Project activities performed by a third
party contractor must comply with all applicable Federal and State laws , regulations, and directives ,
except to the extent the Department determines otherwise in writing , the Contractor agrees to include
appropriate clauses in each third party contract stating the third party contractor's responsibilities under
Federal and State laws, regulations , and directives, including any provisions directing the third party
contractor to extend applicable requirements to its subcontractors at the lowest tier necessary. When
the third party contract requires the third party contractor to undertake responsibilit ies for the Project
usually performed by the Contractor, the Contractor agrees to include in that third party contract those
requirements applicable to the Contractor imposed by the Grant Agreement for the Project or the FTA
Master Agreement and extend those requirements throughout each tier except as the Department
determines otherwise in writing . Additional guidance pertaining to third party contracting is contained in
the FTA's "Best Practices Procurement Manual." 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 Contractor
agrees as follows :
1 Written Subagreement. The Contractor 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 Contractor agrees
to implement the Project in a manner that will not compromise the Contractor's compl iance with Federal
and State laws, regulations, and directives applicable to the Project and the Contractor's obligations
under this Agreement for the Project and the FTA Master Agreement. Therefore , the Contractor agrees
to include in each subagreement appropriate clauses directing the subrecipient to comply with those
requirements applicable to the Contractor 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.
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f. 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 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 .
g. Changes in Project Performance (i.e .. Disputes. Breaches. 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 other event that may adversely
affect the Contractor's ability to perform the Project as provided in this Agreement for the Project. The
Contractor also agrees to notify the Department immediately, in writing , of any current or prospective
major dispute , breach, defau lt, or litigation that may adversely affect the Federal/State Government's
interests in the Project or the Federal/State Government's administration or enforcement of
Federal/State laws or regulations ; and agrees to inform the Department, also in writing, before naming
the Federal or State Government as a party to litigation for any reason, in any forum .
h. Limitations of Agreement. This Agreement shall be subject to the availability of
Federal and State funds , and contingent upon the terms and conditions of the Master Agreement
between the FT A and the Department.
Section 6. Ethics.
a. Code of Ethics. The Contractor agrees to maintain a written code or standards of
conduct that shall govern the actions of its officers, employees, board members, or agents engaged in
the award or administration of third party contracts, subagreements, or leases financed with
Federal/State assistance. The Contractor agrees that its code or standards of conduct shall specify
that its officers, employees, board members, or agents may neither solicit nor accept gratuities, favors,
or anything of monetary value from any present or potential third party contractor at any tier, any
subrecipient at any tier or agent thereof, or any lessee . Such a conflict would arise when an employee ,
officer, board member, or agent, including any member of his or her immediate family, partner, or
organization that employs, or intends to employ, any of the parties listed herein has a financial interest
in the firm selected for award. The Contractor may set de minimis rules where the financial interest is
not substantial, or the gift is an unsolicited item of nominal intrinsic value. The Contractor agrees that
its code or standards shall also prohibit the its officers, employees , board members, or agents from
using their respective positions in a manner that presents a real or apparent personal or organizational
conflict of interest or personal gain. As permitted by State or local law or regulations, the Contractor
agrees that its code or standards of conduct shall include penalties, sanctions, or other disciplinary
actions for violations by its officers, employees, board members, or their agents, its third party
contractors or sub-recipients or their agents.
(1) Personal Conflicts of Interest. The Contractor agrees that its code or
standards of conduct shall prohibit the Contractor's employees, officers, board members, or agents
from participating in the selection, award, or administration of any third party contract, or sub-
agreement supported by Federal/State assistance if a real or apparent conflict of interest would be
involved . Such a conflict would arise when an employee, officer, board member, or agent, including
any member of his or her immediate family, partner, or organization that employs, or intends to employ,
any of the parties listed herein has a financial interest in the firm selected for award .
(2) Organizational Conflicts of Interest. The Contractor agrees that its code or
standards of conduct shall include procedures for identifying and preventing real and apparent
organizational conflicts of interest. An organizational conflict of interest exists when the nature of the
work to be performed under a proposed third party contract or sub-agreement, may, without some
restrictions on future activities, result in an unfair competitive advantage to the third party contractor or
sub-recipient or impair its objectivity in performing the contract work .
b. Debarment and Suspension . The Contractor agrees to comply, and assures the
compliance of each third party contractor, sub-recipient. or lessee at any tier, with Executive Orders
Nos . 12549 and 12689, "Debarment and Suspension ," 31 U.S.C. § 6101 note, and U.S. DOT
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071216wsa HC BOC Page 10
regulations , "Government-wide Deba rment and Suspension (Non -pro curement )," 49 C .F .R. Part 29 .
The Contractor agrees to, and assures that its third party contractors , sub-recipients , and lessees wi ll,
review the Excluded Parties Listing System at (http://epls .arnet.gov/) before entering into any contracts.
c . Bonus or Commission . The Contractor affirms that it has not paid , and agrees not to
pay, any bonus or commission to obtain approval of its Federa l/State assistance application for the
Project.
d. Lobbying Restrictions. The Contractor agrees that:
(1) In compliance with 31 U.S.C. 1352(a), it will not use Federal assistance
to pay the costs of influencing any officer or employee of a Federal agency, Member of Congress,
officer of Congress or employee of a member of Congress, in connection with making or extending the
Grant Agreement;
(2) It will comply with other applicable Federal laws and regulations
prohibiting the use of Federal assistance for activities, designed to influence Congress or a State
legislature with respect to legislation or appropriations , except through proper, official channels; and
(3) It will comply, and will assure the compliance of each sub-recipient,
lessee , or third party contractor at any tier, with U.S. DOT regulations , "New Restrictions on Lobbying ,"
49 C.F.R. Part 20, modified as necessary by 31 U.S .C. § 1352.
e. Employee Political Activity . To the extent applicable, the Contractor agrees to
comply with the provi sions of the Hatch Act, 5 U.S . C . §§ 1501 through 1508, and 7324 through 7326,
and U.S. Office of Personnel Management regulations , "Political Activity of State or Local Officers or
Employees ," 5 C.F.R. Part 151 . The Hatch Act limits the political activities of State and loca l agencies
and their officers and employees, whose principal employment activities are financed in whole or part
with Federal funds including a Federal grant, cooperative agreement, or loan . Nevertheless, in
accordance with 49 U .S .C. § 5307(k)(2)(B) and 23 U.S.C. § 142(g), the Hatch Act does not apply to a
non-supervisory employee of a public transportation system (or of any other agency or entity
performing related functions) receiving FTA assistance to whom the Hatch Act would not otherwise
apply.
f . False or Fraudulent Statements or Claims . The Contractor acknowledges and
agrees that:
(1) Civil Fraud . The Program Fraud Civil Remedies Act of 1986, as amended, 31
U.S.C. §§ 3801 et seq ., and U.S . DOT regulat ions , "Program Fraud Civil Remedies," 49 C .F.R. Part 31 ,
apply to its activities in connection with the Project. By executing this Agreement for the Project, the
Contractor certifies or affirms the truthfulness and accuracy of each statement it has made, it makes, or
it may make in connection with the Project. In addition to other penalties that may apply, the Contractor
also understands that if it makes a false, fictitious , or fraudulent claim , statement, submissio n,
certification , assurance , or representation to the Federal/State Government concerning the Project, the
Federal/State Government reserves the right to impose on the Contractor the penalties of the Program
Fraud Civil Remedies Act of 1986, as amended , to the extent the Federal/State Government deems
appropriate .
(2) Criminal Fraud. If the Contractor makes a false , fictitious, or fraudulent claim,
statement, submission , certification , assurance, or representation to the Federal/State Government or
includes a false, fictitious , or fraudulent statement or representation in any agreement with the
Federal/State Government in connection with a Project authorized under 49 U.S .C. chapter 53 or any
other Federal law, the Federal/State Government reserves the right to impose on the Contractor the
penalties of 49 U .S.C. § 5323(1), 18 U .S .C. § 1001 or other applicable Federal/State law to the extent
the Federal/State Government deems appropriate.
Section 7 . Project Expenditures/Payment/Reimbursement.
a . General. The Department shall reimburse the Contractor for allowable c osts for wo rk
performed under the terms of this Agreement which shall be financed with Federal Section 5311 funds
and State matc hing funds . The Contractor shall expend funds pro vided in th is Agreement in
accordance with the approved Project Budget(s), included as Attachment A to this Agreement. It is
understood and agreed that the work conducted pursuant to this Agreement shall be done on an actua l
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cost bas is by the Contractor. Expenditures submitted for reimbursement shall include all eligible
cost incurred within the Period Covered. The Period Covered represents the monthly or
quarterly timeframe in which the project reports expenditures to the Department. All payments
issued by the Department will be on a reimbursable basis unless the Contractor requests and the
Department approves an advance payment. The Department allows grantees in good standing to
request advance payment (prior to issuing payment to the vendor) for vehicles and other high-cost
capital items. The Contractor agrees to deposit any advance payments into its account when received
and issue payment to the vendor within 3 (three) business days. The amount of reimbursement from
the Department shall not exceed the funds budgeted in the approved Project Budget. The Contractor
shall initiate and prosecute to completion all actions necessary to enable the Contractor to provide its
share of project costs at or prior to the time that such funds are needed to meet project costs. The
Contractor shall provide its share of project costs from sources other than FT A and State funds from
the Department. Any costs for work not eligible for Federal and State participation shall be financed
one hundred percent (100%) by the Contractor.
b . Administrative Expenditures. In order to assist the Contractor in financing the
administrative costs of the project, the Department shall reimburse the Contractor up to the percentage
specified in the Approved Project Budget of allowable administrative costs which shall be determined
by available funding .
c. Operating Expenditures. In order to assist in financing the operating costs of the
project, the Department shall reimburse the Contractor for the lesser of the following when providing
Section 5311 operating assistance :
(1) The balance of unrecovered operating expenditures after deducting all farebox
and other operating revenues, or
d. Payment and Reimbursement. The Contractor shall submit a request for
reimbursement to the Department for the Period Covered not more frequently than monthly, nor less
frequently than quarterly, reporting on the Department's Uniform Public Transportation Accounting
System (UPTAS) invoicing forms furnished by the Department for work performed under this
Agreement. Expenditures submitted for reimbursement shall include all eligible cost incurred
within the Period Covered. Failure to request reimbursement for expenses incurred within the
Period Covered may result in non-payment. All requests for reimbursement must be submitted
within (30) days following the end of the project's reporting period. Any contractor that fails to
submit a request for reimbursement for the first two quarters of agreement fiscal year by
January 31st or the last two quarters by July 30th will forfeit their ability to receive
reimbursement for those periods.
Additional forms must be submitted with reimbursement requests to report o n contracting activities with
Disadvantaged Business Enterprise (DBE) firms. Invoices shall be supported by documentation of
costs unless otherwise waived by the Department. All requests must be submitted within thirty (30)
days following the end of the quarter. Failure to request reimbursement for eligible projects costs as
outlined may result in termination of the Project. Invoices shall be approved by the Department's Public
Transportation Division and reviewed by the Department's External Audit Branch prior to payment.
e. Excluded Costs . The Contractor understands and agrees that, except to the extent
the Department determines otherwise in writing, ineligible costs will be treated as follows :
05/27/2015
(1) In determining the amount of Federal/State assistance the Department
will provide, the Department will exclude:
(a) Any Project cost incurred by the Contractor before the effective
date of the grant;
(b) Any cost that is not included in the latest Approved Project
Budget;
(c) Any cost for Project property or services received in connection
with a third party contract, sub-agreement, lease , or other arrangement
that is required to be , but has not been , concurred in or approved in
writing by FT A ;
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071216wsa HC BOC Page 12
(d) Any non-project cost consistent with the prohibitions of 49
U.S .C . § 5323(h); and
(e) Any profit or fee sought by the rec ipient for its services under the Grant
Agree , except to the extent determined by applicable.
(f) Any cost ineligible for FTA participation as provided by applicable
Federal/State laws, regulations , or directives .
(2) The Contractor shall limit reimbursement for meals, lodging and travel to
the rates established by the State of North Carolina Travel Policy. Costs incurred by the Contractor in
excess of these rates shall be borne by the contractor.
(3) The Contractor understands and agrees that payment to the Contractor
for any Project cost does not constitute the Federal/State Government's final decision about whether
that cost is allowable and eligible for payment and does not constitute a waiver of any violation by the
Contractor of the terms of this Agreement. The Contractor acknowledges that the Federal/State
Government will not make a final determination about the allowability and eligibility of any cost until an
audit of the Project has been completed. If the Federal/State Government determines that the
Contractor is not entitled to receive any portion of the Federal/State assistance the Contractor has
requested or provided, the Department will notify the Contractor in writing, stating its reasons. The
Contractor agrees that Project closeout will not alter the Contractor 's responsibility to return any funds
due the Federal/State Government as a result of later refunds, corrections, or other transactions; nor
will Project closeout alter the Federal/State Government's right to disallow costs and recover funds on
the basis of a later audit or other review. Unless prohibited by Federal/State law or regulat ion, the
Federal/State Government may recover any Federal /State assistance funds made available for the
Project as necessary to satisfy any outstanding monetary claims that the Federal/State Government
may have against the Contractor.
f. Program Income
1. State, Local, or Indian Tribal Governments. In addition to uses of program
income authorized under 49 C.F. R Section 18.25, FTA reserves the right to
permit the Department to add program income to the funds FTA and the
recipient have committed to that Grant agreement and use that program
income for the purposes of and under the conditions of the grant agreement.
2 . Institutions of Higher Education, private Non-Profit Organizations, and Private
For Profit Organizations. In addition to uses of program income permitted
under 49 C.F.R. Section 19.24, FTA reserves the right to permit a recipient to
add the program income to the funds FTA and the recipient have committed to
that Grant agreement and use that program income to further eligible project
or program objectives.
3. Dost Associated With Program Income. Except to the extent FTA determines
otherwise in writing, the cost incident to the earning program income may be
deducted from the Recipient's gross income to determine program income,
provided these costs have not been charged to the Grant Agreement.
g. Federal/State Claims. Exce ss Payments. Disallowed Costs. including Interest.
(1) Contractor 's Responsibility to Pay. Upon notification to the Contractor that
specific amounts are owed to the Federal/State Government, whether for excess payments of
Federal/State assistance, disallowed costs, or funds recovered from third parties or elsewhere, the
Contractor agrees to remit to the Department promptly the amounts owed, incl uding applicable interest
and any penalties and administrative charges.
(2) Amount of Interest. The Contractor agrees to remit to the Department interest
owed as determined in accordance with N.C.G.S. 147-86.23. Upon notification to the Contra ctor that
specific amounts are owed to the Federal Government, whether for excess payments of Federal
assistance, disallowed costs , or funds recovered from th ird parties or elsewhere, the Contractor agrees
to remit to the Federal Government promptly the amounts owed , including applicable interest, penalties
and administrative c harges.
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(3) Payment to FT A. Upon receipt of repayment from the Contractor, the
Department shall be responsible to remit amounts owed to FT A.
h. De-obligation of Funds . The Contractor agrees that the Department may de-obligate
unexpended Federal and State funds before Project closeout.
Section 8. Accounting Records.
a . Establishment and Maintenance of Accounting Records . The Contractor shall
establish and maintain separate accounts for the public transportation program, either independently or
within the existing accounting system . All costs charged to the program shall be in accordance with
most current approved Annual Budget and shall be reported to the Department in accordance with
UPTAS.
b. Documentation of Project Costs . All costs charged to the Project, including any
approved services performed by the Contractor or others, shall be supported by properly executed
payrolls, time records , invoices, contracts, or vouchers evidencing in detail the nature and propriety of
the charges, as referenced in 49 C.F.R. 18, the Office of Management and Budget Circulars A-87,
"Costs Principles for State, Local , and Indian Tribal Governments" and A-1 02 "Grants and Cooperative
Agreements with State and Local Governments."
c. Allowable Costs. Expenditures made by the Contractor shall be reimbursed as
allowable costs to the extent they meet all of the requirements set forth below. They must be :
(1) Consistent with the Project Description, plans, specifications, and
Project Budget and all other provisions of this Agreement;
(2) Necessary in order to accomplish the Project;
(3) Reasonable in amount for the goods or services purchased ;
(4) Actual net costs to the Contractor, i.e ., the price paid minus
any refunds (e .g ., refundable sales and use taxes pursuant to N .C.G.S. 105-
164.14), rebates, or other items of value received by the Contractor that have
the effect of redu cing the cost actually incurred;
(5) In c urred (and be for work performed) within the period of performance and
period covered of this Agreement unless specific authorization from the
Department to the contrary is received ;
(6) Satisfactorily documented;
(7) Treated uniformly and consistently under accounting principles and procedures
approved or prescribed by the Department; and
(8) In compliance with U.S. DOT regulations pertaining to allowable costs at 4,9
C.F.R. § 18.22(b) or 49 C.F.R. § 19.27, which regulations spe c ify the
applicability of 2 CFR 200 , "Uniform Administ rative Requirements , Cost
Principles, and Audit Requirements for Federal Awards as follows :
(a1) Title 2 CFR 200, Subpart E-Cost Principles
(formerly OMB Circulars A-87, A-21 , and A-122)
(d1) FAR, at 48 C.F.R., Subpart 31 .2 , "Contracts w ith
Commercial Organizat ions" applies to Project costs
incurred by a Contractor that is a for-profit organ ization .
Section 9. Reporting, Record Retention, and Access.
a . Reports. The Contractor shall advise the Department regarding the progress of the
Project at a minimum quarterly and at such time and in such a manner as the Department may
require . Such reporting and documentation may inc lude, but not be limited to : operating statistics,
equipment usage , meet ings, progress reports , and monthly performance reports. The Contractor
shall collect and submit to the Department such financial statements, data , records, contracts , and
other doc um e nts related to the Project as may be deemed necessary by the Department. Such
reports shall include narrative and financial statements of sufficient substance to be in
conformance with the reporting requirements of the Department. Progress reports throughout the
us eful life of th e project equipment shall be used , in part, to document utilization of the project
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equipment. Failure to fully utilize the project equipment in the manner directed by the Department shall
constitute a breach of contract, and after written notification by the Department, may result in
termination of the Agreement or any such remedy as the Department deems appropriate.
b. Record Retention. The Contractor and its third party contractors shall retain all
records pertaining to this Project for a period of five (5) years from the date of final payment to the
Contractor, or until all audit exceptions have been resolved, whichever is longer, in accordance with
"Records Retention and Disposition Schedule -Public Transportation Systems and Authorities, April 1,
2006," at (http://www.ah .dcr.state.nc.us/records/locall}.
c . Access to Records of Contractor and Subcontractors. The Contractor shall permit
and shall require its third party contractors to permit the Department, the Comptroller General of the
United States, and the Secretary of the United States Department of Transportation, or their authorized
representatives , to inspect all work, materials, payrolls, and other data and records with regard to the
Project, and to audit the books, records, and accounts of the Contractor pertaining to the Project. The
Department shall reserve the right t o reject any and all materials and workmanship for defects and
incompatibility with Project Description or excessive cost. The Department shall notify the Contractor, in
writing, if materials and/or workmanship are found to be unacceptable. The Contractor shall have
ni nety (90) days from notification to correct defects or to provide acceptable materials and/or
workmanship. Failure by the Contractor to provide acceptable materials and/or workmanship, or to
correct noted defects, shall constitute a breach of contract.
d . Project Closeout. The Contractor agrees that Project closeout does not alter the
reporting and record retention requirements of this Section 6 of this Agreement.
Section 10. Project Completion. Audit. Settlement. and Closeout.
a. Project Completion. Within thirty (30) calendar days following Project completion ,
the end of the Project's period of performance, or termination by the Department, the Contractor agrees
to submit a final reimbursement request to the Department for eligible Project expenses .
b. Financial Reporting and Audit Reguirements . In accordance with 2 CFR 200
Subpart F , "Audit Requirements" effective December 26, 2014and N.C.G .S. 159-34, the Contractor
shall have its accounts audited as soon as possible after the close of each fiscal year by an
independent auditor. The Contractor agrees to submit the required number of copies of the audit
reporting package to the Local Government Commission four months after the Contractor's fiscal year-
end .
c . Audit Costs. Unless prohibited by law, the costs of audits made in
accordance with Title 2 CFR 200, Subpart F -Audit Requirements (formerly OMB
Circular A-133),are allowable charges to State and Federal awards. The charges may
be considered a direct cost or an allocated indirect cost, as determined in accordance
with cost principles outlined in
Title 2 CFR 200, Subpart E -Cost Principles (formerly OMB Circular A-87The cost of
any audit not conducted in accordance with Title 2 CFR 200 and N .C.G.S . 159-34 is
unallowable and shall not be charged to State or Federal grants.
d . Funds Owed to the Department. The Contractor agrees to remit to the Department
any excess payments made to the Contractor, any costs disallowed by the Department , and any
amounts recovered by the Contractor from third parties or from other sources , as well as any penalties
and any interest required by Subsection 7g of this Agreement.
e. Project Closeout. Project closeout occurs when the Department issues the final
project payment or acknowledges that the Contractor has remitted the proper refund. The Contractor
agrees that Project closeout by the Department does not invalidate any continuing requirements
imposed by this Agreement.
Section 11. Civil Rights. The Contra ctor agrees to comply with all applicable civil rights laws and
implementing regulations including , but not limited to , the following :
a. Nondiscrimination in Federal Public Transportation Programs . The Contractor
agrees to comply, and assures the compliance of eac h third party co ntra ctor at any tier and each
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071216wsa HC BOC Page 15
subrecipient at any tier of the Project, with the provrsrons of 49 U.S .C. § 5332, wh ich prohibit
discrimination on the basis of race , color, creed, national origin, sex , or age, and prohibits
discrimination in employment or business opportunity.
b. Nondiscrimination -Title VI of the Civil Rights Act. The Contractor agrees to comply,
and assures the compliance of each third party contractor at any tier and each subrecipient at any tier
of the Project, with all provisions prohibiting discrimination on the basis of race , color, or national origin
of Title VI of the Civil Rights Act of 1964, as amended , 42 U.S .C. §§ 2000d et seq ., and with U.S . DOT
regulations , "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation -
Effectuation of Title VI of the Civil Rights Act," 49 C.F.R. Part 21 .
c. Equal Employment Opportunity. The Contractor agrees to comply, and assures the
compliance of each third party contractor at any tier of the Project and each subrecipient at any tier of
the Project, with all equal employment opportunity (EEO) provisions of 49 U.S .C . § 5332, with Title VII
of the Civil Rights Act of 1964, as amended, 42 U.S .C. § 2000e et seq., and implementing Federal
regulations and any subsequent amendments thereto . Except to the extend FTA determines otherwise
in writing, the recipient also agrees to follow all applicable Federal EEO directives that may be issued .
Accordingly :
(1) General. The Contractor agrees that it will not discriminate against any
employee or applicant for employment because of race , color, creed , sex, disability, age, or national
origin . The Contractor agrees to take affirmative action to ensure that applicants are employed and that
emp loyees are treated during employment without regard to their race , color, creed , sex, disability, age,
or national origin. Such action shall include, but not be limited to, employment, upgrading, demotion or
transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship .
(2) Equal Employment Opportunity Requirements for Construction Activities. For
activities determined by the U.S. Department of Labor (U .S. DOL) to qualify as "construction ," the
Contractor agrees to comply and assures the compliance of each third party contractor at any tier or
sub recip ient at any tier of the Project, with all applicable equal employment opportunity requirements of
U.S. DOL regulations, "Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., which implement Executive Order No .
11246, "Equal Employment Opportunity," as amended by Executive Order No . 11375, "Amending
Executive Order No . 11246 Relating to Equal Employment Opportunity," 42 U .S.C . § 2000(e) note, and
also with any Federal laws , regulations , and directives affecting construction undertaken as part of the
Project.
d. Disadvantaged Business Enterprises .
(1) Policy. It is the policy of the North Carolina Department of Transportation that
Disadvantaged Business Enterprises (DBEs) as defined in 49 CFR Part 26 shall have the equal
opportunity to compete fairly for and to participate in the performance of contracts financed in whole or
in part by Federal Funds.
The Contractor is also encou raged to give every opportunity to allow DBE participation i n Supplemental
Agreements.
(2) Obligation The Contractor, subconsultant, and subcontrac tor shall not
disc riminate on the basis of race, religion, color, national origin , age, disability or sex in the
performance of this contract. The Contractor sh all comply with applicable requirements of 49 CFR Part
26 in th e award and administrat ion of federally assisted contracts . Failure by the Contractor to comply
with these requirements is a material breach of this contract, which will result in the termination of this
contract or such other remedy , as the Department deems necessary.
(3) Goals. Even though specific DBE goals are not established for this project, the
Department encourages the Contractor to have parti c ipation from DBE contractors and/or suppliers.
(4) Listing of DBE Subcontractors . The contractor, at the time the Letter of Interest
is submitte d, shall submit a list ing of all known DBE contractors that will participate in the performance
of the identified work. The participation shall be submitted on the Department's Fo rm RS-2 . In the
ev ent the contractor has no DBE participation , the contractor shall indicate this on the Form RS-2 by
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entering the word 'None' or the number 'zero ' and the form shall be signed. Form RS-2 may be
accessed on the website at https://apps.dot.state .nc .us/quickfind/forms /Default.aspx.
(5) Certified Transportation Firms Directory . Real-time information about
contractors doing business with the Department and contractors that are certified through North
Carolina's Unified Certification Program is available in the Directory of Transportation Firms. The
Directory can be accessed by the link on the Department's homepage or by entering
https://a pps .dot.state.nc.us/vendor/directory/ in the address bar of your web browser. Only contractors
identified as DBE certified in the Directory shall be listed in the proposal.
The listing of an individual contractor in the Department's directory shall not be construed as an
endorsement of the contractor's capability to perform certain work.
(6) Reporting Disadvantaged Business Enterprise Participation . When payments
are made to Disadvantaged Business Enterprise (DBE) contractors, including material suppliers,
contractors at all levels (Contractor, subconsultant or subcontractor) shall provide the Contract
Administrator with an accounting of said payments . The accounting shall be listed on the Department's
Subcontractor Payment Information Form (Form DBE-IS). In the event the contractor has no DBE
participation , the contractor shall indicate this on the Form DBE-IS by entering the word 'None' or the
number 'zero ' and the form shall be signed . Form DBE-IS may be accessed on the website at
https://a pps.dot.state.nc.us/quickfind /forms/Default .aspx.
A responsible fiscal officer of the payee Contractor, subconsultant or subcontractor who can attest to
the date and amounts of the payments shall certify that the accounting is correct. A copy of an
acceptable report may be obtained from the Department of Transportation . This information shall be
submitted as part of the requests for payments made to the Department.
e. Age Discrimination in Employment Act (ADEA) 29 U.S.C. Section 621 through 634 and with
implementing U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, "Age
Discrimination in Employment Act," 29 C.F. R. Part 1625, which prohibits discrimination against
individuals on the basis of age.
f. Access for Individuals with Disabilities . The Contractor agrees to comply with 49
U.S.C . § 5301(d), which states the Federal policy that elderly individuals and individuals w ith disabilities
have the same right as other individuals to use public transportation services and facilities , and that
special efforts shall be made in planning and designing those services and facilities to implement
transportation accessibility rights for elderly individuals and ind ividuals with disabilities. The Contractor
also agrees to comply with all applicable provisions of Section 504 of the Rehabilitation Act of 1973, as
amended, with 29 U.S .C. § 794 , which prohibits discrimination on the basis of disability; with the
Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S .C. §§ 12101 et seq ., which
requires that accessible facilities and services be made available to individuals with disabilities; and
with the Architectural Barriers Act of 1968, as amended, 42 U.S.C . §§ 4151 et seq ., which requires that
buildings and public accommodations be accessible to individuals with disabilities. In addition, the
Contractor agrees to comply with applicable Federal regulations and directives and any subsequent
amendments thereto, except to the extent the Department determines otherwise in writing , as follows :
05/2 7/2 015
(1) U .S. DOT regulations , 'Transportation Services for Individuals with
Disabilities (ADA)," 49 C.F .R. Part 37;
(2) U.S. DOT regulations , "Nondiscrimination on the Basis of Handicap in
Programs and Activities Rece iving or Benefiting from Federal Financial
Assistance ," 49 C.F.R. Part 27;
(3) Joint U.S. Architectural and Transportation Barriers Compliance Board
(U.S. ATBCB)/U.S. DOT regulations, "Americans With Disabilities (ADA)
Accessibility Specifications for Transportat io n Vehicles ," 36 C .F .R. Part 1192
and 49 C.F.R. Part 38;
(4) U .S. DOJ regulations, "No ndis crimination on the Basis of Disability in
State and Local Government Services," 28 C.F .R. Part 35;
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071216wsa HC BOC Page 17
(5) U.S. DOJ regulations , "Nondiscrimination on the Basis of Disability by
Public Accommodations and in Commercial Facilities," 28 C .F.R.
Part 36;
(6) U.S . General Services Administration (U.S . GSA) regulations,
"Accommodations for the Physically Handicapped ," 41 C.F.R.
Subpart 1 01-19;
(7) U.S . Equal Employment Opportunity Commission , "Regulations to
Implement the Equal Employment Provisions of the Americans with
Disabilities Act," 29 C.F.R. Part 1630;
(8) U.S . Federal Communications Commission regulations ,
"Telecommunications Relay Services and Related Customer Premises
Equipment for the Hearing and Speech Disabled," 47 C.F.R. Part 64,
Subpart F; and
(9) U.S. ATBCB regulations , "Electronic and Information Technology
Accessibility Standards," 36 C .F.R. Part 1194 ;
(10} FTA regulations, "Transportation for Elderly and Handicapped
Persons ," 49 C.F .R. Part 609 ; and
(11) Federal civil rights and nondiscrimination directives implementing the
foregoing regulations.
g. Drug or Alcohol Abuse-Confidentiality and Other Civil Rights Protections . To the
extent applicable, the Contractor agrees to comply with the confidentiality and other civil rights
protections of the Drug Abuse Office and Treatment Act of 1972, as amended , 21 U .S .C . §§ 1101 et
seq., with the Comprehensive Alcohol Abuse and Alcoholism Prevention , Treatment and Rehabilitation
Act of 1970, as amended, 42 U.S.C. §§ 4541 et seq., and with the Public Health Service Act of 1912 ,
as amended, 42 U.S.C. §§ 201dd -290dd-2 et seq, and any subsequent amendments to these acts .
h. Access to Services for Persons with Limited English Proficiency. To the extent
applicable and except to the extent that the Department determines otherwise in writing, the Contractor
agrees to comply with the policies of Executive Order No. 13166, "Improving Access to Services for
Persons with Limited English Proficiency," 42 U.S.C. § 2000d-1 note , and with the prov isions of U.S.
DOT Notice, "DOT Guidance to Recipients on Special Language Services to Limited English Proficient
(LEP) Beneficiaries ," 70Fed . Reg . 74087 et seq ., December 14, 2005 .
i. Environmental Justice. The Contractor agrees to comply with the policies of
Executive Order No. 12898, "Federal Actions to Address Environmental Justice in Minority Populations
and Low-Income Populations," 42 U.S.C. § 4321 note, except to the extent that the Department
determines otherwise in writing .
i. Other Nondiscrimination Laws . The Contractor agrees to comply with all applicable
provisions of other Federal laws, regulations, and directives pertaining to and prohibiting d iscrimination
that are applicable , except to the extent the Department determines otherwise in writing.
Section 12. Planning and Private Enterprise.
a . General. To the extent applicable, the Contractor agrees to implement the Project in
a manner consistent with the plans developed in compliance with the Federal
planning and private enterprise provisions of the following :
(1) 49 U.S .C. §§ 5303, 5304 , 5306 , and 5323(a)(1);
(2) Joint Federal Highway Administration (FHWA)/FTA document,
"Interim Guidance for Implementing Key SAFETEA-LU Provisions on Planning,
Environment, and Air Quality for Joint FHWA/FTA Authorities ," dated
September 2 , 2005 , as amended by joint FHWA/FTA guidance, "SAFETEA-LU
Deadline for New Planning Requirements (July 1, 2007)," dated May 2 , 2006
[clarifying Guidance on Implementation of SAFETEA-LU Planning Provisions],
and subsequent Federal directives implementing SAFETEA-LU , exc ept to the
extent FTA determines otherwise in writing ;
(3) Joint FHWA/FTA regulations , "Plann ing Assistan ce and
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071216wsa HC BOC Page 18
Standards ," 23 C.F.R. Part 450 and 49 C.F.R. Part 613 to the extent that those
regulations are consistent with the SAFETEA-LU amendments to public
transportation planning and private enterprise laws, and subsequent
amendments to those regulations that may be promulgated; and
(4) FTA regulations , "Major Capital Investment Projects ," 49 C .F.R.
Part 611 , to the extent that those regulations are consistent with the
SAFETEA-LU amendments to the public transportation planning and private
enterprise laws, and any subsequent amendments to those regu lations that
may be subsequently promulgated .
b . Governmental and Private Nonprofit Providers of Nonemergency Transportation . In
addition to providing opportunities to participate in planning as described in Subsection 12a of this
Agreement, to the extent feasible the Contractor agrees to comply with the provisions of 49 U .S .C. §
5323(k), which afford governmental agencies and nonprofit organizations that receive Federal
assistance for nonemergency transportation from Federal Government sources (other than U .S . DOT )
an opportunity to be included in the design , coordination, and planning of transportation services .
c . Infrastructure Investment. During the implementation of the Project , the Contractor
agrees to take into consideration the recommendations of Executive Order No. 12803, "Infrastructure
Privatization," 31 U.S.C. § 501 note, and Executive Order No . 12893, "Principles for Federal
Infrastructure Investments," 31 U.S .C. § 501 note .
Section 13. Preference for United States Products and Services . To the extent
applicable, the Contractor agrees to comply with the following U.S. domestic preference requirements :
a. Buy America . The Contractor agrees to comply with 49 U.S.C. § 53230) and FTA
regulations , "Buy America Requirements," 49 C.F.R. Part 661 to the extent those regulat ions are
consistent with SAFETEA-LU provisions, and subsequent amendments to those regulations that may
be promulgated . The Contractor also agrees to comply with FTA directives to the extent those
directives are consistent with SAFETEA-LU provisions, except to the extent that FTA or the Department
determines otherwise in writing .
b. Cargo Preference-Use of United States-Flag Vessels . The Contractor agrees to
comply with U.S . Maritime Administration regulations, "Cargo Preference-U .S .-Fiag Vessels ," 46 C.F.R.
Part 381 , to the extent those regulations apply to the Project.
c . Fly America . The Contractor understands and agrees that the Federal/State
Government will not participate in the costs of international air transportation of any individuals involved
in or property acquired for the Project unless that air transportation is provided by U .S.-flag air carriers
to the extent service by U.S.-flag air carriers is available , in accordance with the requirements of the
International Air Transportation Fair Competitive Practices Act of 1974 , as amended , 49 U.S.C.
§ 40118, and with U.S . GSA regulations , "Use of United States Flag Air Carriers," 41 C.F.R.
§§ 301-10 .131 through 301-10 .143.
Section 14. Procurement. To the extent applicable , the Contractor ag rees to comply with the following
third party procurement provisions:
a . Federal Standards. The Contractor agrees to comply with the third party
procureme nt requirements of 49 U.S .C. chapter 53 and other applicable Federal laws in effect now or
as subsequently enacted ; with U.S. DOT third party procurement regulations of 49 C .F .R. §§ 18.36 and
other applicable Federal regulations pertaining to third party procurements and subsequent
amendments thereto, to the extent those regulations a re consistent with SAFETEA-LU provisions; and
Article 8 of Chapter 143 of the North Carolina General Statutes. The Contractor also agrees to comp ly
with the provisions of FTA Circular 4220 .1 F, "Third Party Contracting Requirements," to the extent
those provisions are consistent with SAFETEA-LU provisions and with any subsequent amendments
thereto, except to the extent the Department or the FTA determines otherwise in writing . Although the
FTA "Best Practices Procurement Manual" provides additional procurement gu idance, the Contractor
understands that the FTA "Best Practices Procurement Manual" is focused on third party procurement
processes and may omit certain Federal requirements applicable to the third party contract work to be
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performed. The Contractor shall establish written procurement procedures that comply with the
required Federal and State standards.
b . Full and Open Competition . In accordance with 49 U.S.C. § 5325(a), the Contractor
agrees to conduct all procurement transactions in a manner that provides full and open competition as
determined by the Department and FT A.
c . Exclusionary or Discriminatory Specifications. Apart from inconsistent requirements
imposed by Federal laws or regulations, the Contractor agrees to comply with the requirements of 49
U.S.C. § 5325(h) by not using any Federal assistance awarded by FTA to support a procurement using
exclusionary or discriminatory specifications.
d. Geographic Restrictions. The Contractor agrees that it will not use any State or local
geographic preference, except State or local geographic preferences expressly mandated or as
permitted by FTA. However, for example, in procuring architectural, engineering, or related services,
the Contractor's geographic location may be a selection criterion, provided that a sufficient number of
qualified firms are eligible to compete.
e. In-State Bus Dealer Restrictions. The Contractor agrees that in accordance with 49
U.S.C. § 5325(i), any State law requiring buses to be purchased through in-State dealers will not apply
to purchases of vehicles acquired with funding authorized under 49 U.S.C. chapter 53.
f. Neutrality in Labor Relations. To the extent permitted by law, the Contractor agrees
to comply with Executive Order No. 13502, "Use of Project Labor Agreements (PLA) for Federal
Construction Projects," February 6 , 2009, 74 Fed. Reg. 6985 et seq . As a result, the Recipient is no
longer prohibited from requiring an affiliation with a labor organization, such as a project labor
agreement, as a condition for award of any third party contract or subcontract at any tier for
construction or construction management services, except to the extent that the Federal Government
determines otherwise in writing.
g. Federal Supply Schedules. State, local, or nonprofit Recipients may not use Federal
Supply Schedules to acquire federally assisted property or services except to the extent permitted by
U.S . GSA, U.S . DOT, or FTA laws, regulations, directives, or determinations.
h. Force Account. The Contractor agrees that FTA may determine the extent to which
Federal assistance may be used to participate in force account costs.
i. Department Technical Review. The Contractor agrees to permit the Department to
review and approve the Contractor 's technical specifications and requirements to the extent the
Department believes necessary to ensure proper Project adm inistration . The Contractor agrees to
submit the following to the Department for its review and approval prior to solicitation:
(1) New/adapted specifications for equipment, supplies , apparatuses and new-type
rolling stock. This requirement does not apply to equipment, supplies, or apparatuses with cost of less
than $30,000; or to Minivans; Conversion and Lift Vans; Center Aisle Vans and Standard Vans ; and
Light Transit Vehicles (Cutaway-type Bus).
(2) Drawings, designs, and/or description of work for construction, renovation, or
facility improvement projects, including the purchase or construction of bus shelters.
j. Department Pre-award Approval. The Contractor agrees to submit procurement
documents to the Department for its review and approval prior to award of a contract/ subcontract
under this Agreement for any of the following :
05/27/2015
( 1) All new-type rolling stock, excluding Minivans; Conversion and Lift
Vans; Center Aisle Vans and Standard Vans; and Light Transit Vehicles
(Cutaway-type Bus).
(2) All construction projects equal to or greater than $30,000;
(3) Any "brand name" product or sole source purchase equal to or greater
than $2 ,500;
(4) Any contract/subcontract to other than apparent lowest bidder equal to
or greater than $2,500;
(5) Any procurement equal to or greater than $90,000 ;
(6) Any contract modification that would change the scope of a contract or
increase the contract amount up to or over the formal (sealed) bid threshold of
$90 ,000.
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k . Project Approvai!Third Party Contract Approval. Except to the extent the Department
determines otherwise in writing , the Contractor agrees that the Department's award of Federal and
State assistance for the Project does not, by itself, constitute pre-approva l of any non-competitive third
party contract associated with the Project.
I. Preference for Recycled Products . To the extent applicable , the Contractor agrees
to comply with U.S. EPA regulations , "Comprehensive Procurement Guidelines for Products Containing
Recovered Materials," 40 C.F.R. Part 247 , which implements Section 6002 of the Resource
Conservation and Recovery Act, as amended , 42 U.S.C. § 6962 , and with subsequent Federa l
regulations that may be promulgated. Accordingly, the Contractor agrees to provide a competitive
preference for products and services that conserve natural resources , protect the environment, and are
energy efficient.
m. Clean Air and Clean Water. The Contractor agrees to include in each third party
contract and subagreement exceeding $100 ,000 adequate provisions to ensure that each Project
participant will agree to report the use of facilities placed on or like ly to be placed on the U.S .
Environmental Protection Agency (U.S. EPA) "List of Violating Facilities," to not use any violating
facilities, to report violations to the Department and the Regional U.S . EPA Office , and to comply with
the inspection and other applicable requirements of:
(1) Section 306 of the Clean Air Act, as amended, 42 U.S.C. § 7606, and other
applicable provisions of the Clean Air Act, as amended, 42 U.S.C . §§ 7401 through 7671q; and
(2) Section 508 of the Clean Water Act, as amended , 33 U.S.C. § 1368, and other
applicable requirements of the Clean Water Act, as amended , 33 U .S .C. §§ 1251 through 1377.
n. National Intelligent Transportation Systems Architecture and Standards . To the
extent applicable , the Contractor agrees to conform to the National Intelligent Transportation Systems
(ITS) Architecture and Standards as required by SAFETEA-LU § 5307(c), 23 U.S.C. § 512 note , and
comply with FTA Notice , "FTA National ITS Architecture Policy on Transit Projects" 66 Fed . Reg . 1455
et seq., January 8, 2001 , and any subsequent further implementing directives, except to the extent FTA
or the Department determines otherwise in writing .
o . Roll ing Stock . In acquiring rolling stock, the Contractor agrees as follows:
(1) Method of Acquisition . The Department's Public Transportation Division ,
through the North Carol ina Department of Administration, Purchase and Contract D ivision , awards
vehicle contracts for its grant recipients to purchase public trans it vehicles. These vehicle contracts
comply with FTA and State requirements. The Contractor will utilize these vehicle contracts to
purchase public transit vehicles included in the Approved Budget for th is Project. For public trans it
vehicles not included in these contracts, the Contractor shall conduct a competitive procurement
process in accordance with this Agreement.
(2) Multi-year Options . In accordance with 49 U.S.C. § 5325(e)(1 ), the Contractor
may not enter into a multi-year contract with options, exceeding five (5) years after the date of the
original contract, to purchase additional rolling stock and replacement parts.
(3) Pre-Award and Post-Delivery Requirements . The Contractor agrees to comply
with the requirements of 49 U.S.C . § 5323(m) and FTA regulations , "Pre-Award and Post-Delivery
Audits of Rolling Stock Purchases," 49 C.F.R. Part 663 and , when promulgated, any amendments to
those regulations . The Contractor understands and agrees that to the extent the provisions of 49
U.S.C . § 5323(m), as amended by SAFETEA-LU conflict with FTA 's implementing regulations , as
currently promulgated, the provisions of 49 U.S .C. § 5323(m), as amended, prevail.
(4) Bus Test ing . To the extent applicable, the Contractor agrees to co mply with
the requ irements of 49 U.S.C . § 5318(e) and FTA regulations, "Bus Testing ," 49 C.F .R. Part 665, and
any amendments to those regulations that may be promulgated .
p . Bonding . For construction projects, the Contractor agrees to provide bid guarantee
bond ( 5% of bid price) and performance and payment bonds ( 1 00 % of contract price) and comply with
any other co nstru ction bonding provisions as the Department may determine .
q. Architectural. Engineering, Design , or Related Services . For all architectural,
engineering, design , or related services the Contractor shall use qualifications-based co mpetitive
proposal [Request for Qualifications (RFQ) in acco rdance w ith the Brooks Act] procedures . The
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Contractor shall follow applicable statutes, N.C .G.S. 143-64.31-34 and requirements set forth in FTA
Circular 4220 .1 F. to retain a qualified , registered a rchitect or professional engineer.
{1) The Contractor agrees to comply with qualifications-based competitive
proposal procedures, which requ ire:
(a) An offeror's qualifications be evaluated;
(b) Good faith effort to use minority-owned businesses ;
(c) Price be excluded as an evaluation factor;
(d) Negotiations be conducted with only the most qualified offeror;
and
(e) Failing agreement on price , negotiations with the next most
qualified offeror be conducted until a contract award can be made to the
most qualified offeror whose price is fair and reasonable.
(2) Geographic location may be a selection criterion in procurements for
architectural and engineering (A&E) services provided its application leaves an appropriate number of
qualified firms , given the nature and size of the project, to compete for the contract.
(3) The Contractor acknowledges and agrees that qualifications-based competitive
proposal procedures can only be used for procurement of the following services :
(a) Program management;
(b) Construction management;
(c) Feasibility studies; and
(d) Preliminary engineering, design, architectural , engineering, surveying,
mapping , and related services.
(4 ) The Contractor also agrees to:
(a) Include applicable Federal requirements and certifications in the
solicitation;
(b) Submit procurement documents to the Department for its review and
approval prior to the award of any contract for A&E services for the
Project; and
(c) Maintain written documentation to support each step of the
procurement process.
r. Design-Bid-Bu ild Projects. The Design-Bid-Build method of construction is where
there are separate contracts a nd procurement processes for the design and c onstruction . Typically the
designer coordinates the numerous prime contractors that are involved in the construction process .
The Contractor may use design-bid-build procurements to implement its projects after it has complied
with appli cable Federal and State requirements and obtains approval from the Department prior to
solicitation and award of the contract.
s. Design-Build Projects. The Design-Build method of construction is where a single
contractor is given responsibility for both design and construction , thus eliminating an intermediate
procurement step with possible time saving , and more effective coordination and opportunities for cost
savings . Currently , this procurement method is not an allowable method of procurement by the State of
North Carolina . The Contractor may request to use the design-build method as an "a lternate " method .
Submission of justification must be presented to the State Building Commission for a 2/3-majority vote
of approval. One of the drawbacks of design-build is that the owne r does not have an independent
source (the AlE in traditional construction) overseeing design implementation and verifying
conformance with the drawings and specifi c ations.
t. Competitive Proposai/Reguest for Proposal (RFP). The competitive proposal/
request for proposal (RFP) method of procurement is normally conducted with more than one source
submitting an offer, i.e ., proposal. Either a fi xed price or cost reimbursement type contract is awa rded .
This method of procurement is generally used when conditions are not appropriate for the use of sealed
bids . The Contractor acknowledges that certain restrictions apply under North Carol ina law for use of
the RFP method and these restrict ions and exceptions are discussed below.
(1) The Contractor agrees that the RFP Method may not be used in lieu of an
invitation for bids (IFB) for :
(a) Constru ction/repair work ; or
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(b) Purchase of apparatus , supplies , materials or equipment. See
Subsection 14t(2), this Agreement, regard ing information techno logy
goods as services.
(2) The Contractor agrees that the RFP method of solicitation may be used (i n
addition to or instead of any other procedure available under North Carolina law) for the procurement of
information technology goods and services [as defined in N.C .G .S . 147-33.81(2)]. This applies to
electroni c data processing goods and services, telecommunications goods and services, security goods
and services, microprocessors, software , information processing , office systems, any services related
to the foregoing, and consulting or other services for design or redes ign of information technology
supporting business processes . The Contractor will comply with the following minimum requirements
[N.C.G.S. 143-129.8]:
(a) Notice of the request for proposals shall be given in accordance with
N.C .G .S . 143-129(b).
(b) Contracts shall be awarded to the person or entity that submits the best
overall proposal as determined by the awarding authority. Factors to be
considered in awarding contracts shall be identified in the request for
proposals.
(c) The Contractor may use procurement methods set forth in
N.C.G .S. 143-135.9 in developing and eva luating requests for proposals.
(d) The Contractor may negotiate with any proposer in order to o btain a final
contract that best meets the needs of the Contractor.
(e) Any negotiations shall not alter the contract beyond the scope of
the original request for proposals in a manner that deprives the
proposers or potential proposers of a fa ir opportunity to compete for the
contract; and would have resulted in the award of the contract to a
different person or entity if the alterations had been included in the
request for proposals .
(f) Proposals submitted shall not be subject to public inspec tion until
a contract is awarded .
(3) The Contractor agrees that the RFP method , in ac cordance with FTA Circular
4220.1F , under the guidelines of FTA "Best Practices Procurement Manual ," should be used for
procurements of professional services, such as consultants for planning activities and for transit system
operations/management. The Contractor acknowledges that certa in restri ctions apply under North
Carolina law for use of the RFP method and these restrictions and exc eptions are discussed in
Subsections 14t(1) and 14t(2) of this Agreement. For all archite ctural , engineering , design , or re lated
services, the Contractor agrees that the qualific ations-based compet itive proposa l process shall be
used (see Subsection 14q, this Agreement).
( 4) When the RFP method is used for procurement of professio nal services, th e
Contractor agrees to abide by the following minimum requirements:
05/27/20 15
(a ) Normally conducted with more than one source submitting an
offer (proposal);
(b) Either fixed price or cost reimbursement type c ontract wil l be
used ;
(c) Generally used when conditions are not appropriate for use of
sealed bids;
(d) Requests for proposals will be publi ci zed ;
(e ) All evaluation factors will be identified alo ng with their relative
importance;
(f) Proposals will be solicited from an adequate number (3 is
re c ommended) of qualified sources ;
(g ) A standard method must be in p lace fo r co nduct ing tec hnic al
evaluations of the pro po sals rece ived and fo r selecting
awardees ;
(h) Awa rd s will be mad e to th e respons ible firm whose proposa l is
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most advantageous to the Contractor's program with price and
other factors considered; and
(i) In determining which proposal is most advantageous , the
Contractor may award to the proposer whose proposal offers the
greatest business value (best value) to the agency. "Best value "
is based on determination of which proposal offers the best
tradeoff between price and performance , where quality is
considered an integral performance factor.
u. Award to Other than the Lowest Bidder. In accordance with Federal and State
statutes, a third party contract may be awarded to other than the lowest bidder, if the award furthers an
objective (such as improved long-term operating efficiency and lower long-term costs). When specified
in bidding documents, factors such as discounts, transportation costs, and life cycle costs will be
considered in determining which bid is lowest. Prior to the award of any contract equal to or greater
than $2 ,500 to other than apparent lowest bidder, the Contractor shall submit its recommendation along
with basis/reason for selection to the Department for pre-award approval.
v. Award to Responsible Contractors. The Contractor agrees to award third party
contracts only to responsible contractors who possess potential ability to successfully perform under
the terms and conditions of the proposed procurement. Consideration will be given to such matters as
contractor integrity, compliance with public policy, record of past performance, and financial and
technical resources. Contracts will not be awarded to parties that are debarred, suspended, or
otherwise excluded from or ineligible for participation in Federal assistance programs or activities in
accordance with the Federal debarment and suspension rule , 49 C .F.R. 29. For procurements over
$25,000, the Contractor shall comply, and assure the compliance of each third party contractor and
subrecipient at any tier, with the debarment and suspension rule . FT A and the Department recommend
that grantees use a certification form for projects over $25,000, which are funded in part with Federal
funds. A sample certification form can be obtained from the Department. The Contractor also agrees to
check a potential contractor's debarment/suspension status at the following Web site :
http://epls.arnet.gov/.
w. Procurement Notification Requirements. With respect to any procurement for goods
and services (including construction services) having an aggregate value of $500,000 or more (in
Federal funds), the Contractor agrees to:
(1) Specify the amount of Federal and State funds that will be used to finance the
acquisition in any announcement of the contract award for such goods or services; and
(2) Express the said amount as a percentage of the total costs of the planned
acquisition.
x. Contract Administration System . The Contractor shall maintain a contract
administration system that ensures that contractors/subcontractors perform in accordance with the
terms, conditions, and specifications of their contracts or purchase orders .
y. Access to Third Party Contract Records . The Contractor agrees, and agrees to
require its third party contractors and third party subcontractors, at as many tiers of the Project as
required, to provide to the Federal and State awarding agencies or their duly authorized
representatives, access to all third party contract records to the extent required by 49 U.S .C . § 5325(g),
and retain such documents for at least five (5) years after project completion.
Section 15. Leases.
a. Capital Leases . To the extent applicable, the Contractor agrees to comply with FTA
regulations , "Capital Leases," 49 C.F.R. Part 639, and any revision thereto .
b. Leases Involving Certificates of Participation . The Contractor agrees to obtain the
Department's concurrence before entering into any leasing arrangement involving the issuance of
certificates of participation in connection with the acquisition of any capital asset.
Section 16. Hold Harmless. Except as prohibited or otherwise limited by State law or except to
the extent that FTA or the Department determines otherwise in writing , upon request by the Federal or
State Government, the Contractor agrees to indemnify, save , and hold harmless the Federal and State
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Government and its officers , agents, and employees acting within the scope of their official duties
against any liability, including costs and expenses , resulting from any w illfu l or intentional violation by
the Contractor of proprietary rights, copyrights , or right of privacy, arising out of the publication,
translation , reproduction, delivery, use, or disposition of any data furnished under the Project. The
Contractor shall not be required to indemnify the Federal or State Government for any such liability
caused by the wrongful acts of Federal or State employees or agents .
Section 17. Use of Real Property. Equipment, and Supplies. The Contractor understands
and agrees that the Federal/State Government retains a Federal/State interest in any real property,
equipment, and supplies financed with Federal/State assistance (Project property) until , and to the
extent, that the Federal/State Government relinquishes its Federal/State interest in that Project
property. With respect to any Project property financed with Federal/State assistance under this
Agreement, the Contractor agrees to comply with the following provisions, except to the extent FT A or
the Department determines otherwise in writing :
a . Use of Project Property. The Contractor agrees to maintain continuing control of the use of
Project property to the extent satisfactory to FT A The Contractor agrees to use Project property for
appropriate Project purposes (which may include joint development purposes that generate program
income, both during and after the award period and used to support public transportation activities) for
the duration of the useful life of that property, as required by FTA or the Department. Should the
Contractor unreasonably delay or fail to use Project property during the useful life of that property, the
Contractor agrees that it may be required to return the entire amount of the Federal and State
assistance expended on that property. The Contractor further agrees to notify the Department
immediately when any Project property is withdrawn from Project use or when any Project property is
used in a manner substantially different from the representations the Contractor has made in its
Application or in the Project Description for this Agreement for the Project. In turn, the Department
shall be responsible for notifying FT A
b. General. The Contractor agrees to comply with the property management standards of 49 C.F.R.
§§ 18.31 through 18.33, including any amendments thereto, and with other applicable Federal and
State regulations and directives. Any exception to the requirements of 49 C .F.R. §§ 18.31 through
18.33 requires the express approval of the Federal Government in writing. The Contractor also
consents to the Department's reimbursement requirements for premature dispositions of certain Project
equipment, as set forth in Subsection 17i of this Agreement.
c. Maintenance and Inspection of Vehicles, Facilities and Other Project Equipment . The Contractor
shall maintain all project equipment at a high level of cleanliness, safety, and mechanical soundness in
accordance with the minimum maintenance requirements recommended by the manufacturer. The
Contractor shall register all vehicle maintenance activities in a Comprehensive Maintenance Record or
an electronic version of same . The Department shall conduct frequent inspections to confirm proper
maintenance pursuant to this Subsection 17c of this Agreement and the State Management Plan. The
Contractor shall collect and submit to the Department at such time and in such manner as it may
require information for the purpose of the Department's Public Transportation Management System
(PTMS).
The Contractor shall maintain the fa c ility, including any and all equipment installed into or added on to
the facility as part of the Project, in good operating order and at a high level of cleanliness, safety and
mechanical soundness in accordance with good facility maintenance and upkeep practices and in
accordance with the minimum maintenance requirements recommended by the manufacturer for all
equipment installed in or added to the facility as part of the Project. Such maintenance shall be in
compliance with applicable Federal and state regulations or directives that may be issued, except to the
extent that the Department determines otherwise in writing. The Department shall conduct inspections
as it deems necessary to confirm proper maintenance on the part of the Contractor pursuant to
Subsection 17c of the Agreement and the State Management Plan . Such inspections may or may not
be scheduled ahead of time , but will be conducted such that they shall not significantly interfere with the
ongoing and ne cessary functions for which the Project was designed. The Contractor shall make every
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effort to accommodate such inspections by the Department in accordance wit h the Department's
desired schedule for such inspections. The Contractor shall co ll ect and subm it to the Department at
such time and in such manner as the Department may require informatio n for the purpose of the
Department's Public Transportation Management System (PTMS ) and any and all other reports the
Department deems necessary. The Contractor shall also maintain and make available to the
Department upon its demand all documents, policies, procedures, purchase orders, bills of sale ,
internal work orders and similar items that demonstrate the Contractor's ma intenance of the facil ity in
good operating order and at a high level of cleanliness , safety and mechanical soundness.
d. Records. The Contractor agrees to keep satisfactory records pertaining to the use of Project
property, and submit to the Department upon request such information as may be required to assure
compliance with this Section 14 of this Agreement.
e. Incidental Use . The Contractor agrees that:
(1) General. Any incidental use of Project property will not exceed that permitted under applicable
Federal and State laws, regulations, and directives.
(2) Alternative Fueling Facilities. As authorized by 49 U.S.C. § 5323(p), any inc idental use of its
federally financed alternative fueling facilities and equipment by non-transit public entities and
private entities will be permitted, only if the :
(a) Incidental use does not interfere with the Contractor's Project or public transportation
operations;
(b) Contractor fully recaptures all costs related to the incidental use from the non-transit public
entity or private entity;
(c) Contractor uses revenues received from the incidental use in e xcess of costs for planning,
capital , and operating expenses that are incurred in providing public transportation ; and
(d) Private entities pay all applicable excise taxes on fuel.
f . Title to Vehicles. The Certificate of Title to all vehicles purchased under the Approved Budget for
this Project shall be in the name of the Contractor. The Department's Publ ic Transportation Div ision
shall be recorded on the Certificate of Title as first lien-holder. In the event of project termination or
breach of contract provisions , the Contractor shall , upon written notification by the Department,
surrender Project equipment and/or transfer the Certificate(s ) of Title for Project equipment to the
Department or the Department's designee.
g. Encumbrance of Project Property. The Contractor agrees to ma intain satisfactory cont inuing
control of Project property as follows:
(1) Written Transactions . The Contractor agrees that it will not execute any transfer of title , lease ,
lien , pledge, mortgage , encumbrance , third party contract, subagreement , grant anticipation
note, alienation, innovative finance arrangement (such as a cross border lease, leveraged
lease, or otherwise), or any other obligation pertaining to Project property, that in any way would
affect the continuing Federal and State interest in that Project property.
(2) Oral Transactions. The Contractor agrees that it will not obligate itself in any manner to an y
third party with respect to Project property.
(3) Other Actions . The Contractor agrees that it w ill not take any act io n ad verse ly affecting the
Federal and State interest in or impair the Contractor's continuing control of the use of Project
property .
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h. Transfer of Project Property . The Contractor understands and agrees as follows:
( 1) Contractor Request. The Contractor may transfer any Project property financed with Federal
assistance authorized under 49 U .S .C. chapter 53 to a local governmental authority to be used
for any public purpose with no further obligation to the Federal Government, provided the
transfer is approved by the Federal Transit Administrator and conforms with the requirements of
49 U.S. C. §§ 5334(h)(1) through 5334(h)(3).
(2) Federal/State Government Direction. The Contractor agrees that the Federal or State
Government may direct the disposition of, and even require the Contractor to transfer title to any
Project property financed with Federal/State assistance under this Agreement.
(3) Leasing Project Property to Another Party.
(a) General. Prior to entering into any third party contract for leasing Project property to
another party, the Contractor agrees to obtain approval from the Department. If the
Contractor leases any Project property to another party, the Contractor agrees to retain
ownership of the leased Project property, and assure that the lessee will use the Project
property appropriately, through a written lease between the Contractor and lessee. The
Contractor agrees to use the standard lease agreement form provided by the Department
and to provide a copy of the signed , executed lease agreement to the Department. In
accordance w ith Subsection 5g of this Agreement, regardless of assignment of work to be
completed under this Project or lease of Project assets to a third party, it is the
Contractor's primary responsibility to comply with Federal and State requirements of this
Agreement and assure the compliance of any third party contractors .
(b) Lease of Vehicles. The lease of vehicles acquired with financial assistance authorized for
49 U.S.C. 5311 to any third party is contingent upon approval of the Department. It is
allowable to lease vehicles to another Community Transportation System providing
general public service in the State of North Carolina , upon approval of the Department. It
is also allowable for vehicles to be leased to a third party operator or transportation
management company that operates the transit service within a county/region under
contract to the Contractor, upon approval of the Department. The Contractor agrees to
use the vehicle lease agreement provided by the Department when vehicles are leased,
even if on a short-term basis , to another Community Transportation System or a
management company. The Contractor agrees to obtain written approval from the
Department before the lease is executed and forward a copy of the signed, executed lease
agreement to the Department. The Contractor, as a Community Transportation System ,
shall not lease vehicles to human service agencies, county agencies/government,
community agencies or school systems. The Contractor agrees not to loan vehicle(s) to
other agencies/individuals for short-term use, even during hours that the transportation
system is not providing service, as the vehicle(s) will generally be used to provide service
that is "closed-door," i.e ., not open to the general public.
i. Disposition of Projec t Property. With prior Department approval , the Contractor may sell,
transfer, or lease Project property and use the proceeds to reduce the gross project cost of other
eligible capital public transportation projects to the extent permitted by 49 U.S.C. § 5334(h)(4). The
Contractor also agrees that the Department shall determine "useful life" for all Project property and that
the Contractor will use Project property continuously and appropriately throughout the useful life of that
property . Upon the end of the period of useful life , the Contractor may dispose of Project property after
notifying and receiving disposition instructions from the Department.
(1) Project Property Whose Useful Life Has Expired . When the useful life of Project property has
expired, the Contractor agrees to comply with the Department's d isposition requirements.
(2 ) Project Property Prematurely Withdrawn from Use . For Project property withdrawn f ro m
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appropriate use before its useful life has expired , the Contractor agrees as follows:
(a) Notification Requirement. The Contractor agrees to notify the Department immediately
when any Project property is prematurely withdrawn from appropriate use, whether by
planned withdrawal , misuse , or casualty loss.
(b) Calculating the Fair Market Value of Prematurely Withdrawn Project Prooertv . The
Contractor agrees that the Federal/State Government retains a Federal/State interest in
the fair market value of Project property prematurely withdrawn from appropriate use. The
amount of the Federal/State interest in the Project property shall be determined by the
ratio of the Federal/State assistance awarded for the property to the actual cost of the
property. The Contractor agrees that the fair market value of Project property prematurely
withdrawn from use will be calculated as follows:
l Equipment and Supplies. The Contractor agrees that the fair market value of Project
equipment and supplies shall be calculated by straight-line depreciation of that property,
based on the useful life of the equipment or supplies as established by the Department.
The fair market value of Project equipment and supplies shall be the value immediately
before the occurrence prompting the withdrawal of the equipment or supplies from
appropriate use . In the case of Project equipment or supplies lost or damaged by fire,
casualty, or natural disaster, the fair market value shall be calculated on the basis of the
condition of that equipment or supplies immediately before the fire , casualty, or natura l
disaster, or the amount of insurance coverage, whichever is greater.
~. Real Property. The Contractor agrees that the fair market va lue of real property
financed under the Project shall be determined by FTA either on the basis of competent
appraisal based on an appropriate date approved by FTA, as provided by 49 C.F.R. Part
24, by straight line depreciation of improvements to real property coupled with the value of
the land as determined by FTA on the basis of appraisal , or other Federal law or
regulations that may be applicable.
~· Exceptional Circumstances . The Contractor agrees that the Department may require
the use of another method to determine the fair market value of Project property. In
unusual circumstances, the Contractor may request that another reasonable valuation
method be used including, but not limited to , accelerated depreciation , comparable sales ,
or established market values. In determining whether to approve such a request , the
Department may consider any action taken, omission made, or unfortunate occurrence
suffered by the Contractor with respect to the preservation of Project property withdrawn
from appropriate use.
(c) Financial Obligations to the Federal/State Government. The Contractor agrees to remit to
the Department the Federal and State interest in the fair market value of any Project
property prematurely withdrawn from appropriate use. In turn, the Department shall be
responsible to remit the Federal interest to the FTA. In the case of fire, casualty, or natural
disaster, the Contractor may fulfill its obligations to remit the Federal and State interest by
either:
1. Investing an amount equal to the remaining Federal and State interest in like-kind
property that is eligible for assistance within the scope of the Project that provided
Federal/State assistance for the Project property prematurely withdrawn from use ; or
~· Returning to the Department an amount equal to the remaining Federal and State
interest in the withdrawn Project property.
j . Insurance Proceeds . If the Contractor receives insurance proceeds as a result of damage or
destruction to the Project property, the Contractor agrees to :
(1) Apply those insurance proceeds to the cost of replacing the damaged or destroyed Project
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property taken out of service, or
(2 ) Return to the Department an amount equal to the rema ining Federa l and State interest in the
damaged or destroyed Project property.
k. Transportation -Hazardous Materials . The Contractor agrees to comply with applicable
requirements of U.S. Pipeline and Hazardous Materials Safety Administrat ion regulations , "Sh ippers -
General Requirements for Shipments and Packaging ," 49 C.F.R. Part 173, in connection with the
transportation of any hazardous materials.
I. Misused or Damaged Project Property. If any damage to Project property results from abuse or
misuse occurring with the Contractor 's knowledge and consent , the Contractor agrees to restore the
Project property to its original condition or refund the value of the Federal and State interest in that
property, as the Department may require .
m. Responsibilities after Project Closeout. The Contractor agrees that Project closeout by the
Department will not change the Contractor's Project property management responsibilities as stated in
Section 14 of this Agreement, and as may be set forth in subsequent Federal and State laws,
regulations, and directives , except to the extent the Department determ ines otherwise in writing .
Section 18. Insurance: The Contractor shall be responsible for protecting the state and/or
federal financial interest in the facility construction/renovation and equipment purchased under
this Agreement throughout the useful life . The Contractor shall provide, as frequently and in
such manner as the Department may require, written documentation that the facility and
equipment are insured against loss in an amount equal to or greater than the state and/or
federal share of the real value of the facility or equipment. Failure of the Contractor to provide
adequate insurance shall be considered a breach of contract and , after notification may result in
termination of this Agreement. In addition, other insurance requirements may apply, the
Contractor agrees as follows:
a. Minimum Requirements . At a minimum, the Contractor agrees to comply with the
insurance requirements normally imposed by North Carolina State and local laws , regu lations, and
ordinances , except to the extent that the Department determines otherwise in writing .
b. Flood Hazards . To the extent applicable , the Contractor agrees to comply w ith the
flood insurance purchase provisions of Section 1 02(a) of the Flood Disaster Protection Act of 1973, 42
U .S.C. § 4012a(a), with respect to any Project activity involving construction or an acquisition having an
insurable cost of $10,000 or more.
Section 19. Relocation. When relocation of individuals or businesses is required, the
Contractor agrees as follows :
a . Relocation Protections. The Contractor agrees to comply with 49 U .S .C. § 5324(a ),
which requires compliance with the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, as amended , 42 U.S .C. §§ 4601 et seq.; and U.S . DOT regulations , "Uniform
Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs ," 49
C.F.R. Part 24, which provide for fair and equitable treatment of persons d isplaced and persons whose
property is acquired as a result of Federal and federally assisted programs . [See , new U.S . DOT final
rule , "Uniform Relocation Assistance and Real Property Acqu isition for Federal and Federally Assisted
Programs," 49 C.F.R. Part 24, at 70 Fed . Reg . 590 et seq ., January 4 , 2005 .] These requirements
apply to relocation in connection with all interests in real property acquired for the Project regardless of
Federal participation in the costs of that real property.
b. Nond iscrimination in Housing . In carrying out its respo nsibilities to provi de housing
that may be required for compliance with Federal relocation requirements fo r ind ividuals, the Contractor
agrees to comply with Title VIII of the Civil Rights Act of 1968, as amended, 42 U.S .C . §§ 3601 et seq .,
and with Executive Order No . 12892 , "Leadership and Coordination of Fair Ho using in Federal
Programs : Affirmatively Furthering Fair Housing," 42 U.S.C . § 3608 note.
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c. Prohibition Against Use of Lead-Based Paint. In undertaking construction or
rehabilitation of residential structures on behalf of individuals affected by real property acquisition in
connection with implementing the Project, the Contractor agrees that it will not use lead-based paint,
consistent with the prohibitions of Section 401(b) of the Lead-Based Paint Poisoning Pre·vention Act, 42
U.S.C. § 4831(b), and the provisions of U.S. Housing and Urban Development regulations , "Lead -
based Paint Poisoning in Certain Residential Structures ."
Section 20. Real Property. For real property acquired with Federal assistance, the Contractor
agrees as follows:
a. Land Acguisition. The Contractor agrees to comply with 49 U.S.C. § 5324(a), which requires
compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
as amended, 42 U.S .C. §§ 4601 et seq.; and with U.S . DOT regulations, "Uniform Relocation
Assistance and Real Property Acquisition for Federal and Federally Assisted Programs," 49 C.F .R. Part
24. [See, new U.S. DOT final rule , "Uniform Relocation Assistance and Real Property Acquisition for
Federal and Federally Assisted Programs," 49 C.F.R. Part 24 , 70 Fed. Reg. 590 et seq., January 4,
2005 .] These requirements apply to all interests in real property acquired for Project purposes
regardless of Federal participation in the cost of that real property.
b. Covenant Assuring Nondiscrimination . The Contractor agrees to include a covenant in the title
of the real property acquired for the Project to assure nondiscrimination during the useful life of the
Project.
c. Recording Title to Real Property. To the extent required by FTA and the Department, the
Contractor agrees to record the Federal and/or State's interest in title to real property used in
connection with the Project and/or execute at the request of the Department any instrument or
documents evidencing or related to the State's interest in the Project's property.
(1) As a condition of its participation in a Facility Project, the Department will retain a secured
interest in the Project for the estimated life of the Project, expected to be forty (40) years ,
following completion of the Project; or the prorated share of the original investment or current
fair market value (the higher value of the two); whichever comes first.
d . Department Approval of Changes in Real Property Ownership . The Contractor agrees that it
will not dispose of, modify the use of, or change the terms of the real property title, or other interest in
the site and facilities used in the Project without prior written permission and instructions from the
Department.
e . Disposal of Real Property.
(1) If useful life is not attained , upon the sale or disposition of any Project facility, the Department
shall be entitled to a refund of the original state and/or federal investment or the state and/or
federal prorated share of the current fair market value of the project facility, whichever is
greater.
(2) For the purpose of this Agreement, the term "any sale or disposition of the Project facility" shall
mean any sale or disposition of the facility for a use not consistent with purposes for which the
state and/or federal share was originally granted pursuant to the Project Agreement, or for a use
consistent with such purposes wherein the transferee in the sale or disposition does not enter
into an assignment and assumption agreement with the Contractor with respect to the
Contractor's obligation under this Agreement or the Grant Agreement, so that the transferee
becomes obligated as if the transferee had been the original party.
Section 21 . Employee Protections .
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a . Construction Activities. The Contractor agrees to comply, and assures the
compliance of each third party contractor and each subrecipient at any tier of the Project, with the
following laws and regulations providing protections for construction employees:
(1) Davis-Bacon Act, as amended , 49 U.S.C . § 5333(a), which requires
compliance with the Davis-Bacon Act, 40 U.S.C. §§ 3141 et seq ., and implementing U.S. DOL
regulations, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and
Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts
Subject to the Contract Work Hours and Safety Standards Act}," 29 C.F.R. Part 5;
(2} Contract Work Hours and Safety Standards Act , as amended, 40 U.S.C. §§
3701 et seq ., specifically, the wage and hour requirements of Section 102 of that Act at 40 U.S.C. §
3702, and implementing U.S. DOL regulations, "Labor Standards Provisions Applicable to Contracts
Governing Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable
to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act}," 29
C.F.R. Part 5; and the safety requirements of Section 107 of that Act at 40 U .S .C. § 3704, and
implementing U .S . DOL regulations, "Safety and Health Regulations for Construction ," 29 C.F.R. Part
1926;and
(3} Copeland "Anti-Kickback" Act, as amended, 18 U.S.C. § 874 and 40 U.S.C .
Section 3145 and implementing U.S. DOL regulations, "Contractors and Subcontractors on Public
Building or Public Work Financed in Whole or in part by Loans or Grants from the United States," 29
C.F.R. Part 3.
b. Activities Not Involving Construction. The Contractor agrees to comply, and assures
the compliance of each third party contractor and each subrecipient at any tier of the Project, with the
employee protection requirements for nonconstruction employees of the Contract Work Hours and
Safety Standards Act , as amended , 40 U.S.C. §§ 3701 et seq ., in particular the wage and hour
requirements of Section 102 of that Act at 40 U.S.C . § 3702, and with U.S. DOL regulations , "Labor
Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction
(also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract
Work Hours and Safety Standards Act}," 29 C.F.R. Part 5.
c . Activities Involving Commerce . The Contractor agrees that the provisions of the Fair
Labor Standards Act, 29 U.S .C. §§ 201 et seq., apply to employees performing Project work involving
commerce .
d . Public Transportation Employee Protective Arrangements for Projects in
Nonurbanized Areas Authorized by 49 U.S.C. § 5311 . The Contractor agrees to comply with the terms
and conditions of the Special Warranty for the Nonurbanized Area Program agreed to by the U.S.
Secretaries of Transportation and Labor, dated May 31 , 1979, U.S . DOL implementing procedures, and
any revisions thereto.
Section 22. Environmental Protections. The Contractor recognizes that many Federal and
State laws imposing environmental and resource conservation requirements may apply to the Project.
Some, but not all, of the major Federal laws that may affect the Project include: the Nationa l
Environmental Policy Act of 1969, as amended, 42 U.S .C. §§ 4321 through 4335 ; the Clean Air Act , as
amended, 42 U.S.C. §§ 7401 through7671q and scattered sections of Title 29 , United States Code ; the
Clean Water Act , as amended, 33 U.S .C. §§ 1251 through 1377 ; the Resource Conservation and
Recovery Act , as amended , 42 U.S.C. §§ 6901 through 6992k; the Comprehensive Environmental
Response, Compensation, and Liability Act, as amended, 42 U.S.C. §§ 9601 through 9675, as well as
environmental provisions within Title 23, United States Code , and 49 U.S .C. chapter 53 . The
Contractor also recognizes that U.S. EPA, FHWA and other Federal agencies have issued, and in the
future are expected to issue , Federal regulations and directives that may affect the Project. Thus , the
Contractor agrees to comply , and assures the compliance of each third party contractor, with any
applicable Federal laws, regulations and directives as the Federal Government are in effect now or
become effective in the future , except to the extent the Federal Government determines otherwise in
writing . Listed below are environmental provisions of particular con cern to FTA and the Department.
The Contractor understands and agrees that those laws, regulatio ns , a nd directives may not constitute
the Contractor's entire obligation to meet all Federal environmental and resource conservation
requirements.
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a. National Environmental Policy. Federal assistance is contingent upon the
Contractor's facilitating FTA's compliance with all applicable requirements and implementing
regulations of the National Environmental Policy Act of 1969, as amended, (NEPA) 42 U .S .C. §§ 4321
through 4335 (as restricted by 42 U.S.C. § 5159, if applicable); Executive Order No. 11514, as
amended , "Protection and Enhancement of Environmental Quality," 42 U.S.C. § 4321 note; FTA
statutory requirements at 49 U.S .C. § 5324(b); U.S . Council on Environmental Quality regulations
pertaining to compliance with NEPA, 40 C.F.R. Parts 1500 through 1508; and joint FHWA/FTA
regulations, "Environmental Impact and Related Procedures ," 23 C .F .R. Part 771 and 49 C.F.R. Part
622, and subsequent Federal environmental protection regulations that may be promulgated.
The Recipient agrees to comply with the applicable provisions of 23 U.S.C. Section 139 pertaining to
environmental procedures, and 23 U.S.C . Section 326, pertaining to State responsibility for categorical
exclusions, in accordance with the provisions of joint FHWA/FTA final guidance, "SAFETA-LU
Environmental Review Process (Public Law 109-59)," 71 fed. Reg . 66576 et seq ., November 15, 2006
and any applicable Federal directives that may be issued at a later date , except to the extent that FTA
determines otherwise in writing .
b . Air Quality. Except to the extent the Federal Government determines otherwise in
writing, the Contractor agrees to comply with all applicable Federal laws , regulations, and directives
implementing the Clean Air Act, as amended, 42 U.S.C. §§ 7401 through 7671q , and:
(1) The Contractor agrees to comply with the applicable requirements of Section
176(c) of the Clean Air Act, 42 U.S .C. § 7506(c), consistent with the joint FHWA/FTA document,
"Interim Guidance for Implementing Key SAFETEA-LU Provisions on Planning, Environment, and Air
Quality for Joint FHWA/FTA Authorities ," dated September 2, 2005 , and any subsequent applicable
Federal directives that may be issued; with U.S. EPA regulations, "Conformity to State or Federal
Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded or
Approved Under Title 23 US.C. or the Federal Transit Act," 40 C.F.R. Part 51 , Subpart T ; and
"Determining Conformity of Federal Actions to State or Federal Implementation Plans," 40 C.F.R. Part
93 , and any subsequent Federal conformity regulations that may be promulgated. To support the
requisite air quality conformity finding for the Project, the Contractor agrees to implement each air
quality mitigation or control measure incorporated in the Project. The Contractor further agrees that
any Project identified in an applicable State Implementation Plan (SIP) as a Transportation Control
Measure will be wholly consistent with the design concept and scope of the Project described in the
SIP.
(2) U.S . EPA also imposes requirements implementing the Clean Air Act, as
amended, which may apply to public transportation operators, particularly operators of large public
transportation bus fleets . Accordingly, the Contractor agrees to comply with the following U.S. EPA
regulations to the extent they apply to the Project: "Control of Air Pollution from Mobile Sources ," 40
C.F .R. Part 85; "Control of Air Pollution from New and In-Use Motor Vehicles and New and In-Use
Motor Vehicle Engines," 40 C.F.R. Part 86; and "Fuel Economy of Motor Vehicles," 40 C.F.R. Part 600.
(3) The Contractor agrees to comply with notice of violating facility provisions of
Executive Order No . 11738, "Administration of the Clean Air Act and the Federal Water Pollution
Control Act with Respect to Federal Contracts , Grants, or Loans," 42 U.S.C . § 7606 note .
c. Clean Water. Except to the extent the Federal Government determines otherwise in
writing, the Contractor agrees to comply with all applicable Federal regulations and directives issued
pursuant to the Clean Water Act , as amended, 33 U.S .C. §§ 1251 through 1377. In addition:
( 1) The Contractor agrees to protect underground sources of drinking water
consistent with the provisions of the Safe Drinking Water Act of 1974, as amended , 42 U.S .C. §§ 300f
through 300j-6 .
(2) The Contractor agrees to comply with notice of violating facility provisions of
Executive Order No. 11738, "Administration of the Clean Air Act and the Federal Water Pollution
Control Act with Respect to Federal Contracts , Grants, or Loans," 42 U .S.C. § 7606 note.
d . Use of Public Lands . The Contractor agrees that in implementing its Project, it will
not use any publicly owned land from a park, recreation area , or w ildlife or waterfowl refuge of nationa l,
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State, or local significance as determined by the Federal, State, or local officials having jurisdiction
thereof, and it will not use any land from a historic site of national, state, or local significance, unless the
Federal Government makes the findings required by 49 U.S.C. §§ 303(b) and 303(c). The Contractor
also agrees to comply with joint FHWAIFTA regulations , "Parks, Recreation Areas, Wildlife and
Waterfowl Refuges, and Historic Sites," 23 C.F .R. Parts 771 and 774, and 49 C .F.R. Part 622, when
promulgated .
e. Wild and Scenic Rivers. The Contractor agrees to comply with applicable provisions
of the Wild and Scenic Rivers Act of 1968, as amended, 16 U.S .C. §§ 1271 through 1287, relating to
protecting components of the national wild and scenic rivers system; and to the extent applicable, to
comply with U.S. Forest Service regulations , "Wild and Scenic Rivers," 36 C.F.R. Part 297, and with
U.S. Bureau of Land Management regulations , "Management Areas ," 43 C.F .R. Part 8350.
f . Coastal Zone Management. The Contractor agrees to assure Project consistency
with the approved State management program developed under the Coastal Zone Management Act of
1972 , as amended, 16 U.S.C . §§ 1451 through 1465.
g. Wetlands. The Contractor agrees to facilitate compliance with the protections for
wetlands in accordance with Executive Order No . 11990, as amended, "Protection of Wetlands," at 42
U .S.C. § 4321 note.
h. Floodplains. The Contractor agrees to comply with the flood hazards protections in
floodplains in accordance with Executive Order No . 11988, as amended, "Floodplain Management," 42
U.S.C. § 4321 note .
i. Endangered Species and Fisheries Conservation. The Contractor agrees to comply
with protections for endangered species set forth in the Endangered Species Act of 1973, as amended,
16 U.S.C. §§ 1531 through 1544, and the Magnuson Stevens Fisheries Conservation Act, as amended,
16 U.S.C. §§ 1801 et seq. .
j. Historic Preservation . The Contractor agrees to encourage compliance with the
Federal historic and archaeological preservation requirements of Section 106 of the National Historic
Preservation Act, as amended, 16 U.S.C. § 470f; with Executive Order No. 11593, "Protection and
Enhancement of the Cultural Environment," 16 U.S .C. § 470 note; and with the Archaeological and
Historic Preservation Act of 1974, as amended, 16 U.S.C. §§ 469a through 469c, as follows:
(1) In accordance with U.S. Advisory Council on Historic Preservation regulations,
"Protection of Historic and Cultural Properties," 36 C.F.R. Part 800, the Contractor agrees to consult
with the State Historic Preservation Officer concerning investigations to identify properties and
resources included in or eligible for inclusion in the National Register of Historic Places that may be
affected by the Project, and agrees to notify FTA of those properties that are affected .
(2) The Contractor agrees to comply with all applicable Federal regulations and
directives to avoid or mitigate adverse effects on those historic properties, except to the extent the
Federal Government determines otherwise in writing .
k. Indian Sacred Sites. The Contractor agrees to facilitate compliance with the
preservation of places and objects of religious importance to American Indians, Eskimos, Aleuts, and
Native Hawaiians, in compliance with the American Indian Religious Freedom Act, 42 U .S.C. § 1996,
and with Executive Order No . 13007, "Indian Sacred Sites ," 42 U.S .C. § 1996 note , except to the extent
the Federal Government determines otherwise in writing.
I. Mitigation of Adverse Environmental Effects . Should the proposed Project cause or
result in adverse environmental effects, the Contractor agrees to take all reasonable measures to
minimize the impact of those adverse effects, as required by 49 U.S.C. § 5324(b), and other applicable
Federal laws and regulations, including 23 C.F.R. Part 771 and 49 C.F.R. Part 622. The Contractor
agrees to comply with all environmental mitigation measures that may be identified as commitments in
applicable environmental documents, (i.e., environmental assessments , environmental impact
statements, memoranda of agreement, and other documents as required by 49 U.S.C. § 303) and
agrees to comply with any conditions the Federal Government might impose in a finding of no
significant impact or record of decision . The Contractor agrees that those environmental mitigation
measures are incorporated by reference and made part of this Agreement for the Project. The
Contractor also agrees that any deferred mitigation measures will be incorporated by reference and
made part of this Agreement for the Project as soon as agreement with the Federal Government is
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reached . The Contractor agrees that those mitigation measures agreed upon may not be modified or
withdrawn without the express written approval of the Federal Government.
Section 23. Energy Conservation. The Contractor agrees to comply with the North Carolina
Energy Policy Act of 1975 (N.C.G .S. 1138) issued in accordance with the Energy Policy and
Conservation Act, as amended, 42 U.S.C . §§ 6321 et seq ., except to the extent that the Department
determines otherwise in writing . To the extent applicable , the Contractor agrees to perform an energy
assessment for any building constructed, reconstructed, or modified with FTA assistance, as provided
in FTA regulations , "Requirements for Energy Assessments ," 49 C.F .R. Part 622, Subpart C.
Section 24. Charter Service Operations.
The Contractor acknowledges that Federal and State requirements prohibit the use of
vehicles , facilities and equipment funded by Federal or State grant programs for the provision of charter
services unless it is determined that there are no willing and able charter operators in the service area .
Federal law does not provide exceptions to these regulations for vehicles that are loaned or leased to
other agencies or entities.
The Contractor agrees that neither it nor any public transportation operator performing work in
connection with a Project financed under 49 U.S.C. chapter 53 will engage in charter service
operations, except as authorized by 49 U.S .C . § 5323(d) and FTA regulations, "Charter Service," 49
C.F.R. Part 604, and any subsequent Charter Service regulations or FTA directives that may be issued,
except to the extent that FTA determines otherwise in writing . Any charter service agreement required
by FT A regulations is incorporated by reference and made part of this Agreement for the Project. The
Contractor understands and agrees that in addition to any remedy specified in the charter service
agreement, if a pattern of violations of that agreement is found, the violator will be barred from receiving
Federal transit assistance in an amount to be determined by FTA or U.S. DOT.
Section 25. School Transportation Operations. The Contractor agrees that neither it nor any
public transportation operator performing work in connection with a Project financed under 49 U.S.C.
chapter 53 will engage in school transportation operations for the transportation of students or school
personnel exclusively in competition with private school transportation operators, except as authorized
by 49 U.S.C. §§ 5323(f) or (g), as applicable, and FTA regulations, "School Bus Operations," 49 C.F.R.
Part 605, and any subsequent School Transportation Operations regulations or FTA directives that may
be issued . Any school transportation operations agreement required by FTA regulations is
incorporated by reference and made part of this Agreement for the Project. The Contractor
understands and agrees that if it or an operator violates that school transportation operations
agreement the violator will be barred from receiving Federal transit assistance in an amount to be
determined by FTA or U.S. DOT.
Section 26. Geographic Information and Related Spatial Data. In accordance with U.S . OMB
Circular A-16 , "Coordination of Geographic Information and Related Spatial Data Activities," August
19 ,2002, the Contractor agrees to implement its Project so that any activities involving spatial data and
geographic information systems activities financed directly or indirectly, in whole_ or in part, by Federal
assistance, consistent with the National Spatial Data infrastructure promulgated by the Federal
Geographic Data Comm ittee , except to the extent that FTA determines otherwise in writing .
Section 27. Motor Carrier Safety. To the extent applicable, the Contractor agrees to comply
with, and assures the compliance of its subrecipients, lessees, and third party contractors with ,
applicable provisions of the following regulations promulgated by the U.S . Federal Motor Carrier Safety
Administration (U .S. FMCSA):
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a. Financial Responsibility. The Contractor agrees as follows:
(1) To the extent that the Contractor is engaged in interstate commerce and
not within a defined commercial zone , the Contractor agrees to comply
with U.S. FMCSA regulations , "Minimum Levels of Financial
Responsibility for Motor Carriers ," 49 U.S.C. Part 387, dealing with
economic registration and insurance requirements . For recipients of
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Federal assistance under 49 U.S .C. §§ 5307, 5310, or 5311 , 49 C.F.R.
Part 387 is modified by 49 U.S.C . § 31138(e)(4) which reduces the
amount of insurance required of such recipients to the highest amount of
any state in which the transit provider operates.
(2) To the extent that the Contractor is engaged in interstate commerce and
not within a defined commercial zone and is not a unit of government
(defined as Federal Government, a state , any political subdivision of a
state or any agency established under a compact between states), the
Contractor agrees to comply with U.S . FMCSA regulations, Subpart 8,
"Federal Motor Carrier Safety Regulations," at 49 CFR Parts 390
through 396 .
b. Driver Qualifications. The Contractor agrees to comply with U.S. FMCSA's
regulations , "Commercial Driver's License Standards, Requirements , and Penalties ,"
49 C.F.R. Part 383.
c . Substance Abuse Rules for Motor Carriers. The Contractor agrees to comply with
U.S. FMCSA's regulations, "Drug and Alcohol Use and Testing Requirements," 49
C.F .R. Part 382, which apply to transit providers that operate a commercial motor
vehicle that has a gross weight rating over 26,000 pounds or is designed to transport
sixteen (16) or more passengers , including the driver.
Section 28. Substance Abuse. To the extent applicable, the Contractor agrees to comply with
the following Federal substance abuse regulations:
a . Drug-Free Workplace. U.S . OMB Guidance , "Goverernmentwide Requirements for
Drug-Free Workplace (Financial Assistance)." 2 C.F. R. Part 182, U.S. DOT regulations ,
"Governmentwide Requirements for Drug-Free Workplace (Financial Assistance), 49 C.F.R. Part 32 ,
that implement the Drug-Free Workplace Act of 1988, 41 U .S.C. §§ 701 et seq.
b. Alcohol Misuse and Prohibited Drug Use. FT A regulations, "Prevention of Alcohol
Misuse and Prohibited Drug Use in Transit Operations ," 49 C.F.R. Part 655 , that implement 49 U.S.C. §
5331 .
Section 29. Seat Belt Use. In accordance with Executive Order No. 13043, "Increasing Seat Belt
Use in the United States ," April16, 1997, 23 U .S. C.§ 402 note, the Contractor is encouraged to adopt
and promote on-the-job seat belt use policies and programs for its employees and other personnel that
operate company-owned, rented, or personally operated vehicles , and to include this provision in any
third party contracts, third party subcontracts, or subagreements involving the Project.
Section 30. Text Messaging While Driving. In accordance with Executive Order No . 13513,
Federal Leadership on Reducing Text Messaging While Driving October 1, 2009, 23 U.S.C.A. § 402
note, and DOT Order 3902.10 , Text Messaging While December 30 , 2009, the Grantee is encouraged
to comply with the term of the following Special Provision .
a. Definitions. As used in this Special Provision :
(1) "Driving " means operating a motor vehicle on a roadway, including while temporarily stationary
because of traffic, a traffic light, stop sign , or otherwise. "Driving does not include being in your vehicle
(with or without the motor running) in a location off the roadway where it is safe and legal to remain
stationary.
(2) ''Text Messaging" means reading from or entering data into any handheld or other electric device,
including the purpose of short message service texting , e-mailing , instant messaging , obtaining
navigating information, or engaging in any other form of electronic data retrieval or electronic data
communication . The term does not include the use of a cell phone or other electronic device for the
limited purpose of entering a telephone number to make an outgoing call or answer an incoming call ,
unless the practice is prohibited by State or local law.
b. Safety. The Grantee is encouraged to :
(1) Adopt and enforce workplace safety policies to decrease crashes caused by d istracted drivers
including polic ies to ban text messaging while driving -
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071216wsa HC BOC Page 35
(a) Grantee-owned or Grantee-rented vehicles or Government-owned , leased or rented vehicles ;
(b) Privately-owned vehicles when on official Project related business or when performing any work for
or on behalf of the Project; or
(c) Any vehicle , on or off duty, and using an employer supplied electronic device.
(2) Conduct workplace safety initiatives in a manner commensurate with the Grantee's size, such as :
(a) Establishment of new rules and programs or re-evaluation of existing programs to prohibit text
messaging while driving; and
(b) Education , awareness , and other outreach to employees about the safety risks associated with
texting while driving .
(3) Include this Special Provision in its subagreements with its subrecipients and third party contracts
and also encourage its subrecipients, lessees, and third party contractors to comply with the terms of
this Special Provision, and include this Special Condition in each subagreement, lease , and third party
contract at each tier financed with Federal assistance provided by the Federal Government.
Section 31. Protection of Sensitive Security Information. To the extent applicable, the
Contractor agrees to comply with 49 U .S .C. § 40119(b) and implementing U.S. DOT regulations ,
"Protection of Sensitive Security Information," 49 C.F.R. Part 15, and with 49 U .S.C . § 114(s) and
implementing U.S. Department of Homeland Security, Transportation Security Administration
regulations , "Protection of Sensitive Security Information," 49 C .F.R. Part 1520.
Section 32. Disputes. Breaches, Defaults. or Other Litigation. The Contractor agrees that
FTA and the Department have a vested interest in the settlement of any dispute, breach, default, or
litigation involving the Project. Accordingly:
a. Notification to the Department. The Contractor agrees to notify the Department in
writing of any current or prospective major dispute , breach, default, or litigation that may affect t he
Federal/State Government's interests in the Project or the Federal/State Government's administration
or enforcement of Federal/State laws or regulations . If the Contractor seeks to name the Federal/State
Government as a party to litigation for any reason , in any forum, the Contractor agrees to inform the
Department in writing before doing so . In turn, the Department shall be responsible for notifying FTA.
b. Federal/State Interest in Recovery. The Federal/State Government retains the right
to a proportionate share , based on the percentage of the Federal/State share awarded for the Project,
of proceeds derived from any third party recovery, except that the Contractor may return any liquidated
damages recovered to its Project Account in lieu of returning the Federal/State share to the
Department.
c . Enforcement. The Contractor agrees to pursue all legal rights provided within any
third party contract.
d. FTA and Department Concurrence. The FTA and the Department reserve the right
to concur in any compromise or settlement of any claim involving the Project and the Contractor.
e. Alternative Dispute Resolution . The Department encourages the Contractor to use
alternative dispute resolution procedures, as may be appropriate.
Section 33. Amendments/Revisions to the Project. The Contractor agrees that a change in
Project circumstances causing an inconsistency with the terms of this Agreement for the Project will
require an amendment or revision to this Agreement for the Project signed by the original signatories
or their authorized designees or successors. The Contractor agrees that a change in the fundamental
information submitted in its Application will also require an Amendment to its Application or this
Agreement for the Project. The Contractor agrees that the project will not incur any costs
associated with the amendment or revision before receiving notification of approval from the
division. The Contractor agrees that any requests for amendments and or revisions will be
submitted in accordance with the policies and procedures established by FTA and the
Department.
05/27/2015 Page 31 of35
071216wsa HC BOC Page 36
Section 34. Information Obtained Through Internet Links. This Agreement may include
electronic links/Web site addresses to Federal/State laws, regulations, and directives as well as other
information. The Department does not guarantee the accuracy of information accessed through such
links. Accordingly, the Contractor agrees that information obtained through any electronic link within
this Agreement does not represent an official version of a Federal/State law, regulation, or directive ,
and might be inaccurate . Thus, information obtained through such links is neither incorporated by
reference nor made part of this Agreement. The Federal Register and the Code of Federal Regulations
are the official sources for regulat ory information pertaining to the Federal Government.
Section 35. Severability. If any provision of the FT A Master Agreement or this Agreement for the
Project is determined invalid, the remainder of that Agreement shall not be affected if that remainder
would continue to conform to the requirements of applicable Federal/State laws or regulations.
Section 36. Termination of Agreement.
a. The Department of Transportation . In the event of the Contractor's noncompliance
with any of the provisions of this Agreement, the Department may suspend or terminate the Agreement
by giving the Contractor thirty (30) days advance notice . Any failure to make reasonable progress on
the Project or violation of this Agreement for the Project that endangers substantial performance of the
Project shall provide sufficient grounds for the Department to terminate the Agreement for the Project.
In general, termination of Federal and State assistance for the Project will not invalidate obligations
properly incurred by the Contractor before the termination date to the extent those obligations cannot
be canceled . If, however, the Department determines that the Contractor has willfully misused
Federal/State assistance by failing to make adequate progress, failing to make reasonable and
appropriate use of Project property, or failing to comply with the terms of this Agreement for the Project,
the Department reserves the right to require the Contractor to refund the entire amount of Federal and
State assistance provided for the Project or any lesser amount as the Department may determine.
Expiration of any Project time period established for the Project does not, by itself, constit ute an
expiration or termination of the Agreement for the Project. The Department, before issuing notice of
Agreement termination , shall allow the Contractor a reasonable opportunity to correct for
noncompliance. Upon noncompliance with the nondiscrimination section (Section 8) of this Agreement
or with any of the said rules, regulations or orders, this Agreement may be cancelled, terminated , or
suspended in whole or in part and the Contractor may be declared ineligible for contracts in accordance
with procedures authorized in Executive Orders No. 11246 and No. 11375, and such other sanctions
may be imposed and remedies invoked as provided in the said Executive Order or by rule , regulation or
order of the Secretary of Labor, or as otherwise provided by law. In addition to the Department's rights
of termination described above , the Department may terminate its participation in the Project by
notifying and receiving the concurrence of the Contractor within sixty (60) days in advance of such
termination .
b. The Contractor. The Contractor may terminate its participation in the Project by
notifying and receiving the concurrence of the Department sixty (60) days in advance of the termination .
05/27/2015 Page 32 of35
071216wsa HC BOC Page 37
Section 37. Contract Administrators . All notices permitted or required to be given by one Party
to the other and all questions about this Agreement from one Party to the other shall be addressed and
delivered to the other Party's Contract Administrator. The name , postal address, street address,
telephone number, fax number, and email address of the Parties ' respective initial Contract
Administrators are set out below. Either Party may change the name , postal address, street address,
telephone number, fax number, or email address of its Contract Administrator by giving timely written
notice to the other Party.
or e epa men: F th D rt
IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEANS
Name: MS MYRA FREEMAN Name: MS MYRA FREEMAN
Title: FINANCIAL MANAGER Title: FINANCIAL MANAGER
Agency: NCDOT/PTD Agency: NCDOT/PTD
MSC: 1550 MSC Street TRANSPORTATION BLDG
Address : 1 S WILMINGTON ST RM 524
City/Zip: RALEIGH NC 27699-1550 City : RALEIGH NC
Phone: 919-707-4672
Fax: 919-733-2304
Email: MSFREEMAN1 @NCDOT .GOV
For the Contractor:
IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEANS
Name : Name:
Title: Title:
Agency: Agency:
Postal Street
Address : Address:
City/Zip: City:
Phone:
Fax:
Email :
Section 38. Federal Certification Regarding Lobbying . The Contractor certifies, by signing this
Agreement , its compliance with Subsection 6d of this Agreement.
Section 39. Federal Certification Regarding Debarment. The Contractor certifies, by signing this
Agreement, its compliance with Subsection 6b of this Agreement.
Section 40. Federal Certification Regarding Alcohol Misuse and Prohibited Drug Use . As
required by FTA regulations, "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit
Operations," at 49 CFR part 655, subpart I, the Contractor certifies, by signing this Agreement, that it
has established and implemented an alcohol misuse and anti-drug program, and has complied with or
will comply with all applicable requirements of FTA regulations, "Prevention of Alcohol Misuse and
Prohibited Drug Use in Transit Operations ," 49 CFR part 655, and Section 28 of this Agreement.
Section 41. Ethics Acknowledgement Policy on Gifts.
N.C.G.S . § 133-32 and Executive Order 24 prohibit the offer to, or acceptance by, any State Employee
of any gift from anyone with a contract with the State, or from any person seeking to do business with
the State . By execution of any response in this procurement, you attest, for your entire organization
and its employees or agents , that you are not aware that any such gift has been offered , accepted , or
promised by any employees of your organization ."
05/27/2015 Page 33 of35
071216wsa HC BOC Page 38
IN WITNESS WHEREOF, this Agreement has been executed by the Department, an agency of the
State of North Carolina, and the Contractor by and through a duly authorized representative, and is
effective the date and year first above written.
COUNTY OF HARNETI
CONTRACTOR 'S FEDERAL TAX ID NUMBER:
CONTRACTOR 'S FISCAL YEAR END :
BY:
TITLE : CHAIRPERSON
(SEAL)
ATTEST:
TITLE:
DEPARTMENT OF TRANSPORTATION
BY :
TITLE : DEPUTY SECRETARY FOR TRANSIT
ATTEST:
TITLE: SECRETARY
05/2 7/2 015 Pag e 34 of35
071216wsa HC BOC Page 39
Attachment
Certification Regarding Lobbying
(for bids and/or awards)
The Contractor certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension, continuation , renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influ e nce an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress , or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL , "Disclosure Form to Report Lobbying ," in accordance with its instructions.
(3) The Contractor shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants , and contracts under grants,
loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31, U.S . Code. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10 ,000 and not more than
$100,000 for each such failure .
Contractor's Authorized Representative:-------------------
Title:--------------------------------
05/27/2015 Page 3 5 of35
071216wsa HC BOC Page 40
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION DIVISION
APPROVED PROJECT BUDGET
PROJECT:
SPONSOR:
WBS :
17-CT-040
COUNTY OF HARNETT
36233.50.19.3
DEPARTMENT 4523-CAPITAL I
OBJECT -TITLE
G545 -High-top vehicle(R )
G591 -Veh Lettering/Logos
TOTAL CAPITAL
App roved Ca pital Budget
APPROVED
BUDGET
$ 52,500
$ 4,500
$ 57,000
Page 1 of 1
071216wsa HC BOC Page 41
INSTRUCTIONS FOR EXECUTING GRANT AGREEMENTS
PUBLIC BODY GRANTEES
Included in this correspondence is an electronic file in a PDF format of the grant
agreement(s) to be executed between the local grant recipient and the North Carolina
Department of Transportation .
1. Print one copy of each agreement. Printing front and back will conserve paper
and reduce package size . Please be consistent. Do not print one front and back
and the other single sided .
2 . The person officially authorized by resolution of the governing body to accept the
department's offer of financial assistance should sign each agreement where
indicated . The signature must be witnessed . Stamped signatures are not
acceptable.
3 . If your agency has a seal , affix the seal on the signature page where indicated .
4. Enter your agency's Federal Tax ID Number and Fiscal Year-End on the
signature page. If applicable , complete the section on the table for Contract
Administrators: For the Contractor: "If Delivered by US Postal Service" and
"If Delivered by Any Other Means". Writing this information by hand is
acceptable.
5 . Do not date the agreement. This will be done upon execution by the
department.
6 . Sign Certification Regarding Lobbying on last page of Contract
7. Return the copy within thirty (60) days to the following address. Please return
the contract and resolution if possible within 60 days. All other information sent
via email does not have to be returned with the contract. Do not staple the
contracts together. Use either large paper or binder clips .
Ms. Myra Freeman
Financial Manager
NCDOT/PTD
1550 Mail Service Center
Raleigh, NC 27699-1550
A fully e xecuted agreement w ill be returned to you with an executed letter and budget.
In the event the agreement cannot be returned w ithin sixty (60) days, please call me
immediately at (919) 707-4672 .
Please note that the department cannot reimbu rse the grant recip ient f or any eligible
project expenses until the agreements are fu ll y executed .
071216wsa HC BOC Page 42
Harnett County Animal Services
RECOMMENDED CHANGES FOR SHELTER OPERATIONS
12 July 2016
1. Problem Statement: The spay/neuter voucher program adopted in 2015 is not as
successful as anticipated.
a. For private 'citizen' adopters: 150 vouchers issued. Monies collected $10,500. Fifty-
three percent (53%) of these vouchers were not returned. Thus $5,600 was
refunded to vets, & forty-seven (47%) complied with spay/neuter efforts.
b. For 'rescue' adopters: 670 vouchers issued. Monies collected $0.00. Forty-two
percent (42%) returned for verification of spay/neuter program compliance.
Spay/Neuter program adopted in 2015 was successful for only forty-three (43%) of the
animals released from Animal Services. Over time, a robust spay/neuter program can
reduce the number of 'stray' animals captured and processed at Animal Services. A robust
spay/neuter program is a first step in reduction of unwanted animals and additional strain
on taxpayer pockets.
2. Proposal: Require pre-release spay/neuter procedure for all adoptable animals before
adoption. All spay/neuter fees expended will be recouped at adoption. All adopters will
pay spay/neuter fee. Fees are lower because, we propose using Spay/Neuter Veterinary
Clinic of the Sandhills (SNVC), a non-profit supported by the Companion Animal Clinic
Foundation.
a. Additional partnership-Harnett Animal Welfare Coalition (HAWC) will transport
shelter animals to and from Vass, NC. Memorandum of Understanding (MOU)
between the County of Harnett & HAWC drafts will be available at approval.
b. Spay/Neuter fee schedule requires adjustment for different fee types. (see below)
c. Staff will ease into transition-starting small until program outcomes are as
anticipated, will continue to use voucher program until fully implemented.
d. Will require 'rescues' to pay spay/neuter fees at adoption.
3. Problem Statement: Harnett County Animal Services consists of two separate but
equal operations . The Animal Control function is to reduce rabies exposure within Harnett
County by capturing stray animals, oversee rabies control and quarantine/disposal of bite
animals. The Shelter Operations function is to shelter, care and prepare adoptable animals
to be released to either the public or rescue organizations. Separating animal adoptions
071216wsa HC BOC Page 43
from mandatory sheltering operations is key to successful adoption processes and
procedures. Animal Adoption operations and Shelter operations requires a firm partnership
with rescues and fosters for a successful positive animal outcome . Too many times,
conflicts between adoption groups, staff and citizens occurs because there are not enough
resources to foster a positive relationship between animal welfare groups, shelter staff and
citizens.
4. Proposal : Recommend a FIRST STEP toward separating shelter operations associated with
animal control processes and shelter operations focused upon adoptions.
a. Solicit and hire a full time Adoption/Volunteer Coordinator Program Manager-a
person in this position concentrates building relationships between the public,
rescues and staff for the specific goal of finding permanent homes for animals
released by animal control {AC) for adoption . Additionally, coordinates volunteer
activities and specifically builds a robust volunteer program that concentrates on
animal adoptions.
b. This position initial charge is to build consensus and explore the feasibility for an
Adoption Center facility physically separate but connected to animals AC releases for
adoption.
c. Recommeneded salary: $28,867
PROPOSED FEE SCHEDULE CHANGES:
Spay/Neuter Fees: DOGS < 75 LBS
DOGS > 75 LBS
CATS Male & Female
Total Cost for Adoption: DOGS< 75 LBS
a. Costs include rabies vaccination & adoption fee ($30)
Total Cost for Adoption: DOGS> 75 LBS
a. Costs include rabies vaccination & adoption fee ($30)
Total Cost for Adoption: CATS
Grade 61
$70.00
$130.00
$50.00
$106.00
$166 .00
$86 .00
071216wsa HC BOC Page 44
Board Meeting
Agenda Item
MEETING DATE: July 18, 2016
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Amend the Personnel Ordinance
REQUESTED BY: John Rankins, Director Human Resources
REQUEST:
Article III Section 9 E
In the event a reclassification results in the downgrade of a position, the County Manager has
the authority to reclassify that position without Board of Commissioners approval.
FINANCE OFFICER'S RECOMMENDATION :
COUNTY MANAGER'S RECOMMENDATION:
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Pat McCrory
Governor
June 2, 2016
Harnett County EMS
Mark Glaser, Medical Director
PO Box 370
Lillington, NC 27546
Dear Dr. Glaser:
Richard 0. Brajer
Secretary
Mark Payne
Assistant Secretary for Audit and
Health Service Regulation
I have reviewed and approved the modification submitted for Naloxone (Narcan) for Law Enforcement Officers in
Harnett County. It is noted that Law Enforcement Officers may administer Naloxone thru intra-nasal (IN) route provided
they have taken the Naloxone administration class. This modification approval is for Naloxone for Law Enforcement
Officers (Protocol 31A). Law Enforcement agencies are allowed to administer Naloxone with further requirements:
• Administration ofNaloxone limited to the intra-nasal (IN) route
• Administration of Naloxone shall be under the medical oversight of the County EMS Medical Director and
incorporated into the respective EMS System in the county where they are administering the Naloxone.
• Technicians must receive appropriate training and continuing education.
Prior to implementation of these changes, please make sure all personnel have received the appropriate training.
If I can be of assistance, please don 't hesitate to contact me.
Sincerely,
!I~' o/11;:;;?
Tripp Winslow, MD
North Carolina EMS Medical Director
jwinslow@wakehealth.edu
c: Joseph Jeffries, Harnett Co unty Manager
Ricky Denning, System Administrator
Wally Ainsworth, Regional Manager
Tom Mitchell, Chief OEMS
Office of Emergency Medical Services
www.ncdhhs.gov • www.nce ms .org
Phone: 919-855-3935 • Fax: 9 19-733-702 1
Locatio n: 1201 Umstead Drive • Dorothea Dix Ho spital Campus • Raleigh, NC 27603
Mailing Address: 2707 Mail Service Center • Raleigh, NC 27699-2707
An Equal Opporttmit y • Affirmative Act ion Empl oyer 071216wsa HC BOC Page 50
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I 071216wsa HC BOC Page 51
ek ..
\VEA VEl< COOI<E CONSTRUCTlON
Harnett Tr~ining Cente1·
t ··v f.i /:~C ..
01 /2612015
Phil Kil"St<.:r, AlA
II 9 E. Fl'anldin Stn:ct, Suitl' 300
Chitpl'lllill. NC 27514
Dunn , NC
Rc : I'CO-04 --CCC'C l'ril:ing for !kniur Building -t\ Jluwnll(:~ Hcn>ndk-Hcvisinn 2
Dear l'h il,
003
The l"olluwing i~ a proposnl being submi ucd l'or ~·ourappwval. This pmpusal rc!h:c ts the ucllla l cust ol'design li>r
the cumnHntity collc~c in the Seniors 13uih.ling . This pricin~; t~ n:viscJ to in clude u lurukcy dalio inslullaliun (cx~:cpt
lbr thl' emluscr equipment) as discussed with lhc ecce rcprcscntillil'l'~. ,\ list ol'pcrtinclll clocu rn cllls, thl'
cstinrarc, a nd backup arc auadtcd for yo ur n:vicw. Plea s~ review this propos<~! :rnd noli f)• Ill!.! if you have 1111cstir>rrs
or requite additiorml in fonn<~l i tm. Thank You .
J'C0-0·1 --REV 112-$21 ,7 1 S
. .l,rchrkcl
i\ct:cJ>Il'tl 7//~" {' (; ,.-
/ -
Dale
f ,: ,-> e:· ·I··• i.--.r (l:-:-.·_
Stl'n:n ,\Jirson
f'rujct:l ivlanagcr
Alladuncnl~
Owm:r
{lcccpl~:d
~-101 KI:Y llUlJI.EV!\RD I GllEENSI!OIW N(.' 27•J()lJ II' 3:\6 371! 71JOO IF JJ6 37S 7lJOI
(
071216wsa HC BOC Page 52
WEAVER COOKE CONSTRUCTION
Harnett Training Center
0 J/26/201 5
Phil Kiester, AlA
1 I 9 E. Franklin Sn·eet, Suite 300
Chllpel Hill , NC 275 14
Dunn, NC
Re: PCO -10 -CCCC Pricing for Classroom Building -Allowance Reconcile
Dear Phil,
The following is a proposal being submitted for your approval. This proposal reflects the actual cost of design for
the community college in the Classroom Building. This pricing reflects a turnkey data installation (except for the
end user equipment) as discussed with the CCCC representatives. We have included conduit to connect all three
buildings. The cost to provide and install the fiber to connect the buildings is included in the Seniors and
Multipurpose data pricing. We also include an add alternate to provide an AHU unit for the server room as this is
Jloted on the drawings as future AHU for server room. A list of pe11inent docwnents, the estimate, and backup are
attached for your review . Please review t his proposal and notifY me if you have questions or require additional
information . Thank You.
PC0-10 -$27 ,509
Architect
Accepted Dote
Owner
Accepted
PCO -10 -Add altemate #I -$6,000
Architect
Accepted Date
Owner
Accepted
PC0-1 0 -Add allemate 112 -$5,000
Architect
Accepted Date
Respectfully Submitted,
St even Allison
Project ManHger
Attachmen ts
Owner
Accepted
R4 01 K E Y BOULE V ARD I GREENSBORO NC 27409 I P 336 3 7 8 7900 I F 336 3 78 790 1
071216wsa HC BOC Page 53
Agenda Item l-/ -Q
',.,.. ........ .
,...~ .-. "\\ .... ~· ·-" "'a~ f!:..._\o'ft..9
l ~ -· -· . ~'l \\'\'6 o"'~\-. .-~1~,o<J~~at6 ut c ., ~ Board Meeting
e.o\':~~~Q.,/f~ Agenda Item
'#:'~ k_r 0 MEETING DATE: June 20, 2016
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Selection of Contractor to Perform Fire Extinguisher Maintenance
REQUESTED BY: Chris Johnson, Facility Maintenance Manager, Public Buildings
REQUEST:
Public Buildings recently posted Service Contract Requests for Proposals on the Harnett
County website for vendors who are in the business of performing fire extinguisher
maintenance services.
The County received one response to the fire extinguisher maintenance Request for Proposal.
The quote received is found in Exhibit 1 attached. Public Buildings recommends that the fire
extinguisher services contract be awarded to Allied Fire & Safety.
The total proposed contract price for the fire extinguisher services is as follows :
July 1, 2016-June 30, 2017
July 1, 2017-June 30, 2018
July 1, 2018-June 30, 2019
Total 3 year contract price
$ 4,010.00
$ 4,010.00
$ 4,010.00
$12,030.00
Public Buildings respectfully requests that the fire extinguisher services contract for July 1,
2016-June 30,2019 be awarded to Allied Fire & Safety and that the County Manager be
authorized to execute all necessary documents .
FINANCE OFFICER'S RECOMMENDATION:
C OUNTY MA NAGER'S RECOMMENDATION:
U:\Agenda Item Requests\16.06.20 -Fire Extin gui sher Award.doc
I of I
Page
071216wsa HC BOC Page 54
Exhibit 1
Harnett County Fire Extinguisher Bids
Tuesday, May 17,2016
2:00p.m.
.. ,. . ' · Vendors _; •' : I
.,. ;_ 2016-2017 I) • '
Allied Fire & Safety $ 4,010.00
Total Bid Prices for all Locations
' 2017-2018 2018-2019 ·-3 .YearTotal -
$ 4,010.00 $ 4,010.00 $ 12,030.00
071216wsa HC BOC Page 55
Agenda Item 4 -R
-·~~-= .....
--~ ... --~ e~
_..--·· .---\~ l-'3rf' . c;,\Of\61"1-• ... ~p~rci'.J:!=~ ~\ co:ttll~ . -~ . # n-I Board Meeting
CCo\ln\'1 -o~· ~ Agenda Item
;; k~ )e.r-~ MEETING DATE: June 20,2016
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Selection of Contractor to Perform Pest and Fire Ant Control
REQUESTED BY: Chris Johnson, Facility Maintenance Manager, Public Buildings
REQUEST:
Public Buildings recently posted Service Contract Requests for Proposals on the Harnett
County website for vendors who are in the business of performing pest and fire and control
services.
The County received one response to the pest and fire ant control Request for Proposal. The
quote received is found in Exhibit 1 attached. Public Buildings recommends that the pest and
fire ant control services contract be awarded to Clegg's Pest Control.
The total proposed contract price for the pest and fire ant control services is as follows:
July 1,2016-June30,2017
July 1, 2017 -June 30, 2018
July 1, 2018-June 30,2019
Total 3 year contract price
$ 41,180.00
$ 41,180.00
$ 41,180.00
$123,540.00
Public Buildings respectfully requests that the pest and fire ant control services contract for
July 1, 2016-June 30,2019 be awarded to Clegg's Pest Control and that the County
Manager be authorized to execute all necessary documents.
FINANCE OFFICER'S RECOMMENDATION:
COUNTY MANAGER'S RECOMMENDATION :
U:\Agenda Item Requ ests\16.06.20 -Pest Control Award.doc
I of!
Page
071216wsa HC BOC Page 56
Exh i bit 1
Harnett County Pest and Fire Ant Control Bids
Thursday, May 19, 2016
2:00p.m.
Total Bid Prices for all Locations
"J:.·-r.4 , Vendors · . .-' 2016-2017 2017-2018 2018-2019
Clegg 's Pest Control $ 41,180.00 $ 41,180.00 $ 41,180.00 $
3 Year Total
123,540.00
071216wsa HC BOC Page 57