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DocuSign Envelope ID: E5E3F6C3-1140-45DC-9E04-D9C3A4A5DE3A <br /> 39 <br /> WHEREAS, the governing board of the Municipality has agreed to participate in certain costs and to <br /> assume certain responsibilities in the manner and to the extent as hereinafter set out; and, <br /> WHEREAS, this Agreement is made under the authority granted to the Department by the North <br /> Carolina General Assembly including, but not limited to, the following applicable legislation: General <br /> Statutes of North Carolina (NCGS) Section 136-66.1, Section 136-71.6, Section 160A-296 and 297, <br /> Section 136-18, Section 136-41.3 and Section 20-169, to participate in the planning, construction <br /> and/or implementation of the Project approved by the Board of Transportation. <br /> NOW, THEREFORE, this Agreement states the promises and undertakings of each party as herein <br /> provided, and the parties do hereby covenant and agree, each with the other, as follows: <br /> 1. GENERAL PROVISIONS <br /> FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT <br /> All parties to this Agreement, including contractors, subcontractors, and subsequent workforces, <br /> associated with any work under the terms of this Agreement shall provide reports as required by <br /> the Federal Funding Accountability and Transparency Act (FFATA)for this Project. <br /> AGREEMENT MODIFICATIONS <br /> Any modification to scope, funding, responsibilities, or time frame will be agreed upon by all <br /> parties by means of a Supplemental Agreement. <br /> LOCAL PUBLIC AGENCY TO PERFORM ALL WORK <br /> The Municipality shall be responsible for administering all work performed and for certifying to the <br /> Department that all terms set forth in this Agreement are met and adhered to by the Municipality <br /> and/or its contractors and agents. The Department will provide technical oversight to guide the <br /> Municipality. The Department must approve any assignment or transfer of the responsibilities of <br /> the Municipality set forth in this Agreement to other parties or entities. <br /> PERSON IN RESPONSIBLE CHARGE <br /> The Municipality shall designate a person or persons to be in responsible charge of the Project, in <br /> accordance with Title 23 of the Code of Federal Regulations, Part 635.105. The person, or <br /> persons, shall be expected to: <br /> Agreement ID# 11619 2 <br />