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DocuSign Envelope ID:C8D9258E-OB18-4FBC-9A51-15AOE32Al2BA I <br /> 16 <br /> CONTRACT NO,:45615VW <br /> VW-TRANSIT BUS PROGRAM <br /> STATE OF NORTH CAROLINA APPLICANT'S FEDERAL <br /> COUNTY OF WAKE IDENTIFICATION <br /> i <br /> NUMBER:**-***0327 <br /> 3 <br /> North Carolina Department of Environmental Quality <br /> Financial Assistance Agreement <br /> This financial assistance agreement is hereby made and entered into this February 24, 2021 by and between the NORTH <br /> CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY(the"Department")and ORANGE COUNTY(the"Applicant"'). <br /> 1. Audit and Other Reporting Requirements of the Local Government Commission. If subject to the audit and other <br /> reporting requirements of the Local Government Commission pursuant to Article 3 of Chapter 159 of the North Carolina <br /> General Statutes (Local Government Budget and Fiscal Control Act), the Applicant understands and agrees that the <br /> terms, conditions, restrictions and requirements hereinafter set forth shall only apply to the extent not inconsistent <br /> with,or superseded by,the audit and other reporting requirements of the Local Government Commission. <br /> 2. Contract Documents. The agreement between the parties consists of this document (the "Contract Cover") and its <br /> attachments,which are identified by name as follows: <br /> a. State's General Terms and Conditions(Attachment A) <br /> b. Department's Request for Proposal ("RFP")(Attachment B) <br /> C. Applicant's Response to RFP,including scope of work,line item budget,budget narrative and,if applicable,indirect <br /> cost documentation (hereinafter referred to generally as the"Award Proposal")(Attachment C) <br /> d. Notice of Certain Reporting and Audit Requirements(Attachment D) <br /> e. APPLICANT'S Conflict of Interest Policy(Attachment E) <br /> Together, these documents (the "Contract Documents") constitute the entire agreement between the parties (the <br /> "Agreement"),superseding all prior oral or written statements or agreements. Modifications to this Contract Cover or <br /> to any other Contract Document may only be made through written amendments processed by the Department's <br /> Financial Services Division. Any such written amendment must be duly executed by an authorized representative of <br /> each party. <br /> 3. Precedence Among Contract Documents. In the event of a conflict or inconsistency between or among the Contract <br /> Documents,the document with the highest relative precedence shall prevail. This Contract Cover shall have the highest <br /> precedence. The order of precedence thereafter shall be determined by the order of documents listed in § 2 above, <br /> with the first-listed document having the second-highest precedence and the last-listed document having the lowest <br /> precedence. If there are multiple contract amendments,the most recent amendment has the highest precedence and <br /> the oldest amendment has the lowest precedence. <br /> 4, Contract Period, This Agreement shall be effective from February 24,2021 to February 24,2023,inclusive of those dates. <br /> 5. Applicant's Duties. As a condition of the grant award,the Applicant agrees to: <br /> a. Undertake and deliver the grant award project,plan or services as described in the Award Proposal(Attachment C), <br /> adhering to all budgetary provisions set out therein throughout the course of performance. <br /> b. Ensure that all award funds are expended in a manner consistent with the purposes for which they were awarded, <br /> as described more fully in the attached Contract Documents. <br /> The contract documents attached hereto may at limes use alternative terms to describe the Applicant. Such terms might include,but are <br /> not necessarily limited to,the following(in common or proper form):"recipient,""applicant,"or"participant." <br /> Page I of 26 <br />