AG 2011 05 16 - Laserfiche WebLink

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Section 2. Project Scope & Implementation Cabarrus County (operating as Cabarrus County Transportation System) will continue operation of service providing employment based transportation to the southeastern section of the county, including Midland,. Harrisburg and Mt Pleasant. New routes will begin in the Town of Locust and services will provide connectivity to the fixed route systems in the cities of Charlotte, Kannapolis /Concord and Salisbury. The Public Body shall undertake and complete the Project as described in its Application, herewith incorporated by reference, filed with and approved by the NCDOT, and any amendments thereto. The Public Body Contractor agrees at all times to comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Contractor and NCDOT/ FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to do so shall constitute a material breach of this contract. The Public Body agrees to carry out the Project as follows: a. Federal, State and Local Laws Regulations & Directives. The Contractor shall undertake and complete the non - urbanized area public transportation services in accordance with the procedures and guidelines set forth in the following documents: (1) Federal Transit Administration (hereinafter referred to as "FTA ") Circular 9050.1, dated May 1, 2007 at: http ✓ /www.fta.dot.gov/documents /FTA_C 9050.1_JARC.pdf (2) FTA Master Agreement, dated October 1, 2009, Document Number FTA MA (16), 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 "); (4) The Section 5316 grant application for financial assistance; and (5) The Coordinated Public Transit — Human Services Transportation Plan (Locally Coordinated Plan) for Cabarrus County. The aforementioned documents, and any subsequent amendments or revisions thereto, are herewith incorporated by reference, and are on file with and approved by the Department in accordance with the terms and conditions of this Agreement. Nothing shall be construed under the terms of this Agreement by the Department or the Contractor that shall cause any conflict with Department, State, or Federal statutes, rules, or regulations. b. No Federal /State Government Obligations to Third Parties In connection with performance of the Project, the Contractor agrees that, absent the Federal/State Government's express written consent, the Federal /State Government shall not be subject to any obligations or liabilities to any sub recipient, third party contractor, lessee or other person or entity that is not a party to this Agreement for the Project. 'Notwithstanding that the Federal /State Government may have concurred in or approved any solicitation, sub agreement, or third party contract, the Federal /State Government has no obligations or liabilities to such entity, including any sub recipient, third party contractor, or lessee. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. Updated 3/01/11 Page 2 of 41 Attachment number 2 F -8 Page 136