2019-306 OPT - Triangle J grant for TDM Coordinator

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THIS AGREEMENT made this the day of June 14, 2019 , (hereinafter referred to as AGREEMENT) by and between the TRIANGLE J COUNCIL OF GOVERNMENTS ( " TJCOG " ) and Orange County ( " Recipient" ) . WHEREAS , TJCOG and the Recipient desire to utilize grant funds for the purpose of encouraging innovative approaches in the provision of transportation demand management services ; and WHEREAS , TJCOG and the Recipient desire to secure and utilize grant funds for the above referenced purposes, NOW, THEREFORE , in consideration of the mutual covenants herein set forth, TJCOG and the Recipient agree as follows : Section 1 . Purpose of Agreement. The purpose of this Agreement is to provide for the undertaking of a transportation demand management (TDM) project by the Recipient as described in the project application . Section 2 . Project Implementation . The Recipient agrees to carry out the Project as follows : a . Scope of Project. The Recipient shall undertake and complete the Project as described in the approved Recipient' s Project Budget, incorporated into this Agreement as Attachment A, filed with and approved by the TDM Oversight Committee, and in accordance with the Project Application for financial assistance and the terms and conditions of this Agreement. Nothing shall be construed under the terms of this Agreement by TJCOG or the Recipient that shall cause any conflict with Department, State, or Federal statutes, rules , or regulations . b . Cost of Project. The total cost of the Project approved by the TDM Oversight Committee is $ 64, 871 . 58 as set forth in the Project Description and Budget, incorporated into this Agreement as Attachment A. This includes $ 64, 871 . 58 for local activities ( 50 % or $ 32 ,435 . 79 in grant funding, and 50 % or $ 32 , 435 . 79 in local match) . Funds may not be transferred among line items unless written authorization is obtained from the TDM Oversight Committee . TJCOG will then work with the Recipient to prepare a budget amendment. c . Period of Performance . This Agreement shall commence upon the date of execution . The period of performance for all expenditures shall, extend from JULY 1 , 2019 TO JUNE 30 , 2020 , unless written authorization to the contrary is provided by TJCOG . If a contract extension is requested, TJCOG must obtain written authorization from the Department of Transportation and the TDM Oversight Committee . The Recipient shall commence , carry on, and complete the approved Project with all practicable dispatch, in a sound, economical, and efficient manner. d . Recipient' s Capacity. The Recipient agrees to maintain sufficient legal, financial, technical, and managerial capability to : (a) Plan, manage , and complete the Project and provide for the use of Project property; (b ) Carry out the safety and security aspects of the Project, and ( c) Comply with the terms of this Agreement, the Approved Project Budget, the Project schedules , and applicable Federal and State laws, regulations , and directives . e . Administrative Requirements . The Recipient agrees to comply with the following Federal and State administrative requirements : ( 1 ) U . S . DOT regulations, " Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, " 49 C . F . R. Part 18 at http • Imlwww. access . gpo . gov/ nara / cfr/cfr-table - search . html # 12age1a ( 2 ) Title 19A North Carolina Administrative Code ( N . C .A . C .) Subchapter 513 at http : ./ .Ire ports . oah . state . nc. us -In cac. asp . Page 1 of 18