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2. The Risk Management Appendix, attached, is hereby incorporated and made a part of this <br /> agreement. <br /> <br />3. No official, employee or other person performing services for the County who is authorized to <br /> negotiate or approve any contract or subcontract in connection with the project shall have any <br /> financial or other personal interest in any such contract or subcontract. No officer or employee of <br /> such person retained by the County shall have any financial or other personal interest in any real <br /> property acquired for the project unless such interest is' openly disclosed upon public records of <br /> NDDOT and of the County, and such officer, employee, or person has not participated in such <br /> acquisition for and in behalf of the County. <br /> <br />4. The failure of the state to enforce any provisions of this contract shall not constitute a waiver by the <br /> state of that or any other provision. <br /> <br />5. NDDOT requires contracts executed with counties, cities, other state agencies, and Indian tribes to <br /> comply with OMB Cir. A-133. <br /> <br />6. All notices, certificates, or other communications shall be sufficiently given when delivered or <br /> mailed, postage prepaid, to the parties at their respective places of business as set forth below or at <br /> a place designated hereafter in writing by the parties. <br /> <br />Dave Leftwich <br />Local Government Engineer <br />ND Department of Transportation <br />608 East Boulevard Avenue <br />Bismarck ND 58505-0700 <br /> <br />Chairman <br />Board of County Commissioners <br /> <br />c/o Cass County Auditor <br />PO Box 2806 <br /> <br />Fargo, ND 58108 <br /> <br />7. The County is advised that its signature on this contract or agreement, certifies that the County or <br /> any person associated therewith is not currently under suspension, debarment, voluntary exclusion, <br /> or determination of ineligibility by any federal agency; has not been suspended, debarred, <br /> voluntarily excluded, or determined ineligible by any federal agency within the past three years; and <br /> has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent <br /> jurisdiction on any matter involving fraud or official misconduct within the past three years. <br /> <br />8. This agreement constitutes the entire agreement between the parties. No waiver, consent, <br /> modification or change of terms of this agreement shall bind either party unless in writing and <br /> signed by both parties. Such waiver, consent, modification or change, if made, shall be effective <br /> only in the specific instance and for the specific purpose given. There ara no understandings, <br /> agreements, or representations, oral or written, not specified herein regarding this agreement. The <br /> County, by the signature below of its authorized representative, hereby acknowledges that the <br /> County has read this agreement, understands it, and agrees to be bound by its terms and <br /> conditions. <br /> <br />4 of 5 <br /> <br /> <br />