Orange County NC Website
THIS AGREEMENT made this the day of May 21, 2018, (hereinafter referred to as AGREEMENT) by <br />and between the TRIANGLE J COUNCIL OF GOVERNMENTS ( "TJCOG ") and Orange County <br />( "Recipient "). <br />WHEREAS, TJCOG and the Recipient desire to utilize grant funds for the purpose of encouraging <br />innovative approaches in the provision of transportation demand management services; and <br />WHEREAS, TJCOG and the Recipient desire to secure and utilize grant funds for the above <br />referenced purposes, <br />NOW, THEREFORE, in consideration of the mutual covenants herein set forth, TJCOG and the <br />Recipient agree as follows: <br />Section 1. Purpose of Agreement. <br />The purpose of this Agreement is to provide for the undertaking of a transportation demand <br />management (TDM) project by the Recipient as described in the project application. <br />Section 2. Project Implementation. <br />The Recipient agrees to carry out the Project as follows: <br />a. Scope of Project. The Recipient shall undertake and complete the Project as described in the <br />approved Recipient's Project Budget, incorporated into this Agreement as Attachment A, <br />filed with and approved by the TDM Oversight Committee, and in accordance with the <br />Project Application for financial assistance and the terms and conditions of this Agreement;. <br />t <br />Nothing shall be construed under the terms of this Agreement by TJCOG or the Recipient, <br />that shall cause any conflict with Department, State, or Federal statutes, rules, or <br />regulations. <br />b. Cost of Project. The total cost of the Project approved by the TDM Oversight Committee is <br />$62,019 as set forth in the Project Description and Budget, incorporated into this <br />Agreement as Attachment A. This includes $62,019 for local activities (50% or $31,010 in <br />grant funding, and 50% or $31,009 in local match). Funds may not be transferred among <br />line items unless written authorization is obtained from the TDM Oversight Committee. <br />TJCOG will then work with the Recipient to prepare a budget amendment. Until contracts <br />are fully executed between TJCOG and DOT PTD, spending for all subrecipients shall <br />be capped at 50% of total project budget. TJCOG and DOT expect to execute their <br />contract for the grant year before October 2018. TJCOG will issue a contract <br />amendment authorizing subrecipients to spend the full contract amount at that time. <br />c. Period of Performance. This Agreement shall commence upon the date of execution. The <br />period of performance for all expenditures shall extend from JULY 1, 2018 TO JUNE 30, <br />2019, unless written authorization to the contrary is provided by TJCOG. If a contract <br />extension is requested, TJCOG must obtain written authorization from the Department of <br />Transportation and the TDM Oversight Committee. The Recipient shall commence, carry on, <br />and complete the approved Project with all practicable dispatch, in a sound, economical, <br />and efficient manner. <br />d. Recipient's Capacity. The Recipient agrees to maintain sufficient legal, financial, technical, <br />and managerial capability to: (a) Plan, manage, and complete the Project and provide for the <br />use of Project property; (b) Carry out the safety and security aspects of the Project; and (c) <br />Comply with the terms of this Agreement, the Approved Project Budget, the Project <br />schedules, and applicable Federal and State laws, regulations, and directives. <br />e. Administrative Requirements. The Recipient agrees to comply with the following Federal <br />and State administrative requirements: (1) U.S. DOT regulations, "Uniform Administrative <br />Page 1 of 18 <br />