Agenda - 01-21-2010 - 4m - Laserfiche WebLink

Browse Search

6tf E ~ ~ ~ ~ f~ r'9' 11.'x+ liltt,~klt'Ial'k,tr`~~~5'!.t,fi ;3~rlfirl!6! ! ~'~.!JJk.i f f,IF! ~!~ ~'~'{i r'~x,' i~`~4y~e~~' ~i~sYiF~ Atttachment A Gen&ra) Terms acrd Conditions Relet:ionships of the Parties Independent Contractor: Thy Grantee is and shall be Geenyed Go be an independent Cantractnr in the perforrrra~nee of this Contract anc as such sh~:ll be v.~>>olly responsible for the work to hR perfnrrntd and for the supervision o~ its ernpk,yr:es. The Grantee rep<esants that it has, or shell securer at its overt expense•_ all personnel required In perforrirg :he sar,riccs a-der this ayreemer.•t_ Such emplolraes shall rot be employees of, or fr~7ve any individual contractual 2latianship with; the Agency_ Subcontracting: The' Gr~~nte:e stsall rat subcontract any of fire work contempi;aed under tt,is Contract tivithout prior written approval from the Agency. Arty approved subcontract shall ha 3i.ibject to all conditions of this Contract. p,71y the subcontractors or subrranter`.s specified 9n the Contract dcrc:urnents are to be considered appro~~ed upon award c~ tho Contract- Tfre Agency shall not be obligated to pair far eny work perfarmeu' by ersy unapproved subcontractor or subgrantee_ The C~rant.:c shall be resporrsibte for tho pgrfvrrna~rce rsf all of its sub3rantees once' sh,:ll net be relieved of any of the duties and responsibilities of thin Contract. Subgrantoas: The Oran!ee has the resparrsibi[ity to ~iisure lr~at ale subgrantees, if .sny, provide all infonnratio!3 i~cccssary to perrrrit the Grantee to comply .vith the stanrrards set forth in this <;nn:rr:rt. check{s). In n0 event Shaall Such approval and action obligate the State W r,nyane other Phan the Grantee and the Grantee steal' regain responsible for fulfillment of all Contrac# o4ligativns. ~f~neficiarivs: Except as Herein specifically prcfv;ded other-visf;, ttris Contract shall inure to the benef~_ of and be binding upon the parries hereto and their respective successors. It is expressly understood and arj. reed that the enforcPrnent crf the terms and canditiong of this Contract, and au rights of action relating to such enforcement, shat be strictly reserved to the ,regency and the named Grantee. hkothing CAnt~ined in this doGUment Shall give ar allow any clai,n or right of action whatsoever by any other thin: person. It is the r3xpress intention of the Agency and GrantcC that any such person or entity, other than the Agency or the Grantee, receiving services ar benefits under this Contract small be doRmad an incidental beneficiary only. I ndem n Ity indemnification- The Grarytee agrees to indemnify grid hold harmless the Agency, the State of North Carolina, and any of their o;hcers, agents and cmplaycas, from any claims of third pc^.r#ias arising out of any act ar arnission of rtes Grantee in connection with .he perfor-•!arkce of this Contract to the extent permitted by law. Default and Termination Assignment: No Gssicnmert c)f the Grantee's obligations ar rho Lrantee's ri+~hi to receive pa+~rrrent hereunder shall be pe!~rritted. However, upon ~rlritt2n request approved by tree issui~~cl pk;rchr,sinfl authority, the State rnay: ~a) Fai^rlard file Grantee's payrner:t check{s) directly to any ~ersori ar entity designated by fire Gr,nlee; or ~b~ include any person. ar entity designated b;~ Grantee as a joint payee on the Grantee's payn,ert Termination by Mutual Consent: The Parties may terminate this Contract by mutual consent with 60 days notico to the other pi;rty, or as otherwise provided by Isw_ Termination for Gauss: lf, through any cause, the Grantee shall fail to fuEfiii its obligations under this Contract in a timely and proper manner, tho Agency shall have tl~e rir~ht to terminate khiq Cnntrart r,y giving •~rritten notir,e to the Grantee 8ntt specifying the effective Bate thereof. In that event, all 9 a ,~ e i Y i i i i NGO Form 09r)>!a2 recants ~er~ra ?'cots and :ondi:ior.s•Pt.h~i;^• Sector En:ises Eff. 5s20[?5; 12cv 7:U7, ' lr~ti!.> ~GGFt,°,rGS Page 1 of 3