RES-2009-041 Congestion Mitigation & Air Quality (CMAQ) Resolution with N C Dept of Transportation

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WHEREAS, the governing board of the County has agreed to participate in certain costs and to assume certain responsibilities in the manner and to the extent as hereinafter set out; and, WHEREAS, this Agreement is made under the authority granted to the Department by the North Carolina General Assembly including, but not limited to, the following legislation: General Statutes of North Carolina (NCGS) Section 136-66.1, Section 136-71.6, Section 160A-296 and 297, Section 136- 18, Section 136-41.3 and Section 20-169, to participate in the planning and construction of the Project approved by the Board of Transportation. NOW, THEREFORE, the parties hereto shall execute this Agreement within ninety (90) days of receipt of this Agreement. In the event the County fails to execute said Agreement within ninety (90) days of receipt, the County shall be evaluated by the Department to determine whether forteiture of funds is warranted. This Agreement states the promises and undertakings of each party as herein provided, and the parties do hereby covenant and agree, each with the other, as follows: 1. GENERAL PROVISIONS AGREEMENT MODIFICATIONS Any modification to this Agreement will be agreed upon in writing by all parties prior to being implemented. Any increases to the funding amount will be agreed upon by all parties by means of a Supplemental Agreement. SPONSOR TO PERFORM ALL WORK The County shall be responsible for administering all work pertormed and for certifying to the Department that all terms set forth in this Agreement are met and adhered to by the County and/or its contractors and agents. The Department will provide technical oversight to guide the County. The Department must approve any assignment or transfer of the responsibilities of the County set forth in this Agreement to other parties or entities. Agreement ID # 149 2