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Agenda - 01-22-2009 - 4p
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Agenda - 01-22-2009 - 4p
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Last modified
3/17/2016 3:07:21 PM
Creation date
1/21/2009 10:31:54 AM
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BOCC
Date
1/22/2009
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
4p
Document Relationships
2009-012 Coop Ext - Tobacco Trust Fund & Golden Leaf Foundation for Value Added Center
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Path:
\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2000's\2009
Minutes - 20090122
(Linked From)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2009
S Grant - Co Ext - Golden Leaf Grant for Piedmont Value Added Shared Use Food & Agricultural Processing center 01-22-2009-4p
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Path:
\Board of County Commissioners\Contracts and Agreements\BOCC Grants\2000 - 2009\2009\2009 Grants
S Grant Agreement NC Tobacco Trust Fund commission and Orange Co 01-22-09-4p
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Path:
\Board of County Commissioners\Contracts and Agreements\BOCC Grants\2000 - 2009\2009\2009 Grants
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36 <br /> 17. The Grantee acknowledges and agrees that the Grantee is an entity independent from the Foundation,and is not <br /> an agent of the Foundation,and is not authorized to bind the Foundation to any agreement of payment for goods <br /> or services. The Grantee is responsible for payment of all its expenses, including rent, office expenses and all <br /> forms of compensation to employees. It shall provide workers compensation insurance to the extent required for <br /> its operations and shall accept full responsibility for payments of unemployment compensation, social security, <br /> income taxes and any other charges, taxes or payroll deductions required by law in connection with its <br /> operations, for itself and its employees. All expenses incurred by the Grantee are the sole responsibility of the <br /> Grantee, and the Foundation shall not be liable for the payment of any obligations incurred in the performance <br /> of the project funded. <br /> 18. The Grantee acknowledges receipt of the following statement of the Foundation's policy regarding termination <br /> and rescission of grants. The Grantee acknowledges that the Foundation may, from time to time, amend its <br /> policy regarding termination and rescission of grants, and the Grantee acknowledges that the Grantee will be <br /> subject to the policy as so amended. <br /> Rescission and Termination of Grants. Rescission of a grant revokes the grant award. When funds have been <br /> disbursed to a Grantee by the Foundation and a grant is rescinded, the Grantee may be liable for repayment to <br /> the Foundation of any and all grant funds received by the Grantee under the grant. Termination of a grant ends <br /> the grant on a going-forward basis,and the Grantee is liable for repayment to the Foundation only of that portion <br /> of the grant funds that has been disbursed to but not expended by the Grantee in accordance with the terms of <br /> the grant. <br /> A grant may be rescinded or terminated at any time, at the discretion of the Foundation, for reasons <br /> including the following: <br /> a. The Grantee has not signed and delivered to the Foundation the Grantee Acknowledgment and <br /> Agreement within four(4)months of the date it was sent to the Grantee. <br /> b. The Grantee has failed to complete the project within the time established by the Grantee <br /> Acknowledgment and Agreement or any extensions thereof. <br /> c. The Grantee's tax-exempt status has been modified or revoked. <br /> d The Grantee is unable,or has failed or refused,to comply with a material term or condition of the grant. <br /> e. The Grantee has experienced a change in circumstances that would have a material adverse effect upon <br /> the Grantee's ability to accomplish fully the purposes of the grant(e.g., loss of collateral funding, loss <br /> of key personnel,etc.). <br /> f. The Grantee has failed or refused to submit a report, statement,accounting or return required under the <br /> Grantee Acknowledgment and Agreement or by applicable law. <br /> g. The Grantee has materially modified its budget for the project,and such material modification has not <br /> been approved by the Foundation. <br /> h. The Grantee commits a material violation of the Internal Revenue Code,or uses funds for some purpose <br /> not permitted by the Internal Revenue Code or for some purpose not contemplated by the grant. <br /> i. The Grantee breaches any of the covenants or agreements contained in the Grantee Acknowledgment <br /> and Agreement, or any of the representations and warranties made by the Grantee in the Grantee <br /> Acknowledgment and Agreement is untrue as to a material fact. <br /> j. The Grantee requests that the grant be rescinded or terminated. <br /> It is anticipated that a grant will be rescinded if one of the reasons set forth above exists and no grant funds <br /> have been disbursed. Where grant funds have been disbursed, it is anticipated that a grant will be rescinded <br /> in the case of the more serious violations (including, without limitation, use of Foundation funds for some <br /> purpose not contemplated by the grant or in violation of the Internal Revenue Code, or upon other <br /> affirmative misconduct of the Grantee), and that termination of a grant will take place in the case of the less <br /> serious instances of noncompliance. <br /> 4 <br /> BOCC Meeting, January 22, 2009, Page 36 /39 <br />
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