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

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AUDITS In accordance with OMB Circular A-133, "Audits of States, Local Governments and Non-Profit Organizations" (www.whitehouse.gov/omb/circulars/al33/al33.htmi)dated June 27, 2003 and the Federal Single Audit Act Amendments of 1996,the County shall arrange for an annual independent financial and compliance audit of its fiscal operations. The County shall furnish the Department with a copy of the annual independent audit report within thirty(30)days of completion of the report, but not later than nine (9) months after the County's fiscal year ends. REIMBURSEMENT BY COUNTY For all monies due the Department as referenced in this Agreement, reimbursement shall be made by the County to the Department within sixty(60)days of receiving an invoice. A late payment penalty and interest shall be charged on any unpaid balance due in accordance with GS 147-86.23. USE OF POWELL BILL FUNDS If the County other party to this agreement is a Municipality and fails for any reason to reimburse the Department in accordance with the provisions for payment hereinabove provided, North Carolina General Statute (NCGS) 136-41.3 authorizes the Department to withhold so much of the Municipality's share of funds allocated to Municipality by NCGS 136-41.1, until such time as the Department has received payment in full. 23.SUNSET PROVISION 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. IT IS UNDERSTOOD AND AGREED that the approval of the Project by the Department is subject to the conditions of this Agreement, and that no expenditures of funds on the part of the Department will be made until the terms of this Agreement have been complied with on the part of the County. Agreement ID# 149 20