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4 <br />WHEREAS, the governing board of the County has agreed to participate in certain costs and to <br />assume certain responsibilities in the manner and to the extent as hereinafter set out; and, <br />WHEREAS, this Agreement is made under the authority granted to the Department by the North <br />Carolina General Assembly including, but not limited to, the following legislation: General Statutes of <br />North Carolina (NCGS) Section 136-66.1, Section 136-71.6, Section 160A-296 and 297, Section 136- <br />18, Section 136-41.3 and Section 20-169, to participate in the planning and construction of the <br />Project approved by the Board of Transportation. <br />NOW, THEREFORE, the parties hereto shall execute this Agreement within ninety (90) days of <br />receipt of this Agreement. In the event the County fails to execute said Agreement within ninety (90) <br />days of receipt, the County shall be evaluated by the Department to determine whether forfeiture of <br />funds is warranted. <br />This Agreement states the promises and undertakings of each party as herein provided, and the <br />parties do hereby covenant and agree, each with the other, as follows: <br />1. GENERAL PROVISIONS <br />ARRA FUNDING REQUIREMENTS <br />• The parties to this Agreement and associated contractors shall adhere to all applicable <br />Federal and state requirements including, but not limited to, Competitive Procedures <br />(Section 1554); Buy America (Section 1605); Davis-Bacon Prevailing Wage Rate <br />(Section 1606); Authority of the U.S. Comptroller General (Section 902); and Authority of <br />the Inspector General (Section 1515(a)) of the American Recovery and Reinvestment Act <br />of 2009. <br />• The parties and/or the contractors shall post with the local Employment Security <br />Commission Office all positions for which they intend to hire workers as a result of being <br />awarded this funding and/or contract. <br />• All parties to this Agreement, including contractors, subcontractors, and subsequent <br />workforces, associated with any work under the terms of this Agreement shall provide <br />reports as required by ARRA Legislation for this Project. <br />• Reporting documentation shall be submitted monthly prior to the Department processing <br />invoices. Appropriate documents to meet the reporting requirements will be provided to <br />all Parties. <br />Agreement ID # 446 2 <br />