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Capital
<br />WBS
<br />Capital
<br />Total
<br />Capital
<br />Federal 80%
<br />Capital
<br />State 10%
<br />Capital
<br />Local 10%
<br />44637.15.2.5
<br />$662
<br />$529
<br />$66
<br />$67
<br />A reement # a
<br />y
<br />Project
<br />Total
<br />Project
<br />Total
<br />Project
<br />Total Federal
<br />Project
<br />Total State
<br />Project
<br />Total Local
<br />$106,451
<br />$85,160
<br />$10,645
<br />$10,646
<br />Section 4: Period of Performance. This Agreement shall commence upon the date of execution,
<br />unless specific written authorization from the Department to the contrary is received. The period of
<br />performance for all expenditures shall extend from July 1, 2017 to June 30, 2018, unless written
<br />authorization to the contrary is provided by the Department. Any requests to change the Period of
<br />Performance must be made in accordance with the policies and procedures established by the
<br />Department or FTA. The Grantee shall commence, carry on, and complete the approved Project with all
<br />practicable dispatch, in a sound, economical, and efficient manner.
<br />Section 5. Grantee's Capacity.
<br />a. The Grantee agrees to maintain sufficient legal, financial, technical, and managerial capability to:
<br />(1) Plan, manage, and complete the Project and provide for the use of Project property;
<br />(2) Carry out the safety and security aspects of the Project; and
<br />(3) Comply with the terms of this agreement, the Master Agreement
<br />between the FTA and the Department, the Approved Project Budget, the Project schedules,
<br />the Grantee's annual Certifications and Assurances to the Department, and applicable
<br />Federal and State laws, regulations, and directives.
<br />b. No Overdue Tax Debts Certification — Non - Governmental Grantees Only. The Grantee shall
<br />complete and submit to the Department a sworn written statement pursuant to N.C.G.S. 143C -6-
<br />23(c), stating that the Grantee does not have any overdue tax debts, as defined by G.S. 105 - 243.1,
<br />at the Federal, State, or local level. The Grantee acknowledges that the written statement must
<br />be submitted to the Department prior to execution of this Agreement and disbursement of funds.
<br />The certification will be incorporated into this Agreement as Attachment B.
<br />C. Administrative Requirements. The Grantee agrees to comply with the following Federal and State
<br />administrative requirements:
<br />(1) U.S. DOT regulations, Uniform Administrative Requirements, Cost Principles, and audit
<br />Requirements for Federal Awards, 2 C.F.R. Part 200.
<br />(2) Title 19A North Carolina Administrative Code (N.C.A.C.) Subchapter 5B.
<br />d. Application of Federal State and Local Laws Regulations and Directives. To achieve compliance
<br />with changing federal requirements, the Grantee makes note that federal, state and local
<br />requirements may change and the changed requirements will apply to this Agreement as required.
<br />e. Grantee's Primary Responsibility to Comply with Federal and State Requirements. Irrespective of
<br />involvement by any other participant in the Project, the Grantee agrees that it, rather than the
<br />participant, is ultimately responsible for compliance with all applicable Federal and State laws,
<br />regulations, and directives, the Master Agreement between the FTA and the Department, and this
<br />Agreement, except to the extent that the Department determines otherwise in writing. Unless
<br />otherwise authorized in writing by the Department, the Grantee shall not assign any portion of the
<br />work to be performed under this Agreement, or execute any contract, amendment, or change order
<br />thereto, or obligate itself in any manner with any third party with respect to its rights and
<br />responsibilities under this Agreement without the prior written concurrence of the Department.
<br />Further, the Grantee shall incorporate the provisions of this Agreement into any lease arrangement
<br />and shall not enter into any lease arrangement without the prior concurrence of the Department.
<br />Any lease approved by the Department shall be subject to the conditions or limitations governing
<br />the lease as set forth by the FTA and the Department. If the Grantee leases any Project asset to
<br />another party, the Grantee agrees to retain ownership of the leased asset, and assure that the
<br />Lessee will use the Project asset to provide mass transportation service, either through a "Lease
<br />05/27/2015 Page 3 of 36
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