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H. Criminal Penalties: Whoever embezzles, willfully misapplies, steals or obtains by fraud any <br />funds, assets, or property from a grant, whether received directly or indirectly from the <br />NCDOCCJPP, shall be subject to prosecution under applicable law. Whoever knowingly and <br />willfully falsifies or conceals any material fact in any application for assistance submitted <br />pursuant to the State - County Criminal Justice Partnership Act or in any record required to <br />be maintained pursuant to this contract, shall also be subject to prosecution. <br />I. Continuation of Funding: The Grantee understands that the awarding of any NCDOCCJPP <br />grant in no way assures or implies continuation of funding beyond the project duration <br />indicated on the grant award contract. <br />J. Waiver: It is agreed that the Grantor's failure to insist upon the strict performance of any <br />provision of this application or to exercise any right based upon a breach thereof, or the <br />acceptance of any performance during such a breach, shall not constitute a waiver of any <br />rights assigned to the Grantor under this application. <br />K. Title to Property: The title to all real or other property acquired or constructed in whole or <br />in part with grant funds in accordance with an approved budget and other requirements set <br />by the Grantor shall be held at all times by the Grantee county and may not be reassigned. <br />The deed to such property shall be held in the name of the Grantee county. Said property is <br />subject to transfer or divestment at the option of the NCDOCCJPP where its use for project <br />purposes is disallowed or discontinued. The proceeds of any transfer or divestment of <br />property shall belong to the North Carolina Department of Correction. All items procured <br />with NCDOCCJPP grant funds must be the property of the Grantee, not any of its employees <br />or contractors. The Grantee shall exercise due caution in the use, maintenance, protection, <br />and preservation of such property during the period of project use. <br />1fNCDOCCJPP funds are spent for an approved renovation project on rental property, the <br />Grantee is responsible for securing written agreements from the deed holder of the renovated <br />property stating the form in which the cost of said renovations will be repaid to the Grantee. <br />An example is waiver of lease or rental payments during the period in which the cumulative <br />amount of such payments equals the cost of the renovation. <br />L. Selection of Facility Site: No grant funds may be expended for the purpose of purchasing, <br />constructing or remodeling a facility or locating a program unless all necessary local land use <br />ordinances and permits have been met and the facility approved for operation at the proposed <br />site by the appropriate governing body. If there are no local zoning ordinances in the <br />jurisdiction in which the proposed facility or program will be located, the Grantee must report <br />this to the NCDOCCJPP before any funds are expended, in order that a procedure for <br />gathering public input on the proposed facility or program can be put into place. <br />The Grantee shall be responsible for providing sufficient notification and review of a <br />particular site for a facility or program paid for in whole or in part with NCDOCCJPP funds. <br />The Grantee must provide written verification of site approval before proceeding with the <br />expenditure of any funds for such a facility, except that a fee such as reasonable earnest <br />money may be paid with prior written approval of the NCDOCCJPP. Written notice of plans <br />to locate a facility or program shall be provided by the Grantee county to the Board of <br />County Commissioners in the Grantee county and, if a different county, to the Board of <br />County Commissioners in the county in which the proposed facility or program is to be <br />located. A copy of this notice shall also be provided to the Grantor. <br />Page 3- - -July 1, 1999 to June 30, 2000 <br />