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Section 4: Period of Performance. This Agreement shall oonnnoenna upon the date of execution, <br />unless specific written authorization from the Department to the contrary in 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 eocon1anma with the policies and procedures established by the <br />Department orFTA. The Grantee shall commence, carry on, and complete the approved Project withaU <br />practicable dispatch, ina sound, economical, and efficient manner. <br />Section 5. Grantee's Cai3acitv. <br />a. The Grantee agrees to maintain sufficient legal, financial, technical, and managerial capability to: <br />(1) Plan, manage, and complete the Project andproxidefortheunenfP jen property; <br />/2> Carry out the safety and security aspects of the Project; ond <br />(3) Comply with the terms of this agreement, the Master Agreement <br />between the FTA and the Department, the Approved Project Budget.theProject schedules, <br />the Grantee's annual Certifications and Assurances to the Department, and applicable <br />Federal and State |avvs, regulations, and directives. <br />b. . The Grantee shall <br />complete and submit to the Department a sworn written statement pursuant to N.C.G.S. 143C-8- <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 |uoa| 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.G. DDT regulations, Uniform Administrative F7equinemantm, Cost Principles, and audit <br />Requirements for Federal Awards, . <br />(2) . <br />U. Directives. Toonhievecompliance <br />with changing federal naquinonnento. the Grantee nnakao 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 Requirements. Irrespective of <br />involvement by any other participant in the Project, theGrenteeegraeuthatit,ratherthanthe <br />participant, is ultimately responsible for compliance with all applicable Federal and State |avvs. <br />regulations, and directives, the Master Agreement between the FTA and the Department, and this <br />Agreennent, 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 on set forth by the FTA and the Department. |f the Grantee leases any Project asnetto <br />another party, the Grantee agrees to retain ownership of the leased asset, and assure that the <br />Lessee will use the Project asnettoprnxidemmsstronsportotionsmn/ioe.oitherthrougha"Loaao <br />and Supervisory Agreement" between the Grantee and Lessee, or another similar document. The <br />Grantee agrees to provide o copy of any relevant documents. <br />(1) Significant Participation by a Third Party Contractor. Although the Grantee may enter into o <br />third party oontraut, after obtaining approval from the Department, in which the third party <br />Contractor agrees to provide property or services in support of the Project, orevenoorryout <br />Project activities normally performed by the Grantee (such as in a turnkey contract), the <br />05/27/2015 Page 3 of 36 <br />