S Agreement - Planning - Resolution Endorsing Congestion Mitigation and Air Quality (CMAQ) Grant Agreement with the NCDOT 05-19-2009-4q

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DEBARMENT POLICY It is the policy of the Department not to enter into any agreement with parties that have been debarred by any government agency(Federal or State). By execution of this agreement,the County certifies that neither it nor its agents or contractors are presently debarred,suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal or State Department or Agency and that it will not enter into agreements with any entity that is debarred,suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction. OTHER AGREEMENTS The County is solely responsible for all agreements, contracts, and work orders entered into or issued by the County for this Project. The Department is not responsible for any expenses or obligations incurred for the Project except those specifically eligible for CMAQ funds and obligations as approved by the Department under the terms of this Agreement. AVAILABILITY OF FUNDS All terms and conditions of this Agreement are dependent upon, and, subject to the allocation of funds for the purpose set forth in the Agreement and the Agreement shall automatically terminate if funds cease to be available. IMPROPER USE OF FUNDS, EXCESS USE OF FUNDS Where either the Department or the FHWA determines that the funds paid to the County for this Project are not used in accordance with the terms of this Agreement,or if the cost of work done by the Department exceeds the funding award,the Department will bill the County. TERMINATION OF PROJECT ■ If the County decides to terminate the Project without the concurrence of the Department,the County shall reimburse the Department one hundred percent(100°/x)of all costs expended by the Department and associated with the Project. Agreement ID# 149 19