Orange County NC Website
assisted activities, or who is in a position to participate in adecision-making process or gain <br />inside information with regard to such activities, may obtain a personal or financial interest or <br />benefit from the activity, or have an interest in any contract, subcontract, or agreement with <br />respect thereto, or the proceeds there under, either for himself or herself or for those with whom <br />he or she has family or business ties, during his or her tenure or for one year thereafter. HUD will <br />consider exceptions. Recipients who wish to request an exception should notify OERI as soon as <br />possible. <br />4. The disclosure requirements and prohibitions of section 319 of the Department of the Interior and <br />Related Agencies Appropriations Act for Fiscal Year 1990 (31 U.S.C. 1352) (the Byrd <br />Amendment), and implementing regulations at 24 CFR part 87, apply to HPRP. Applicants must <br />disclose, using Standard Form LLL (SF-LLL), "Disclosure of Lobbying Activities," any funds, <br />other than federally appropriated funds, that will be or have been used to influence federal <br />employees, members of Congress, or congressional staff regarding specific grants or contracts. <br />E. Insurance, Release, Hold Harmless, and Indemnification <br />1 Release and to hold harmless OERI and North Carolina Housing Finance Agency and their <br />employees, agents, attorneys, independent contractors, officers and directors [collectively, the "State"] <br />from any and all liability for any purpose whatsoever, and recognizes and affirms that the State has not <br />waived any immunities provided by state or federal law, such immunities being expressly preserved. <br />Additionally, Recipient agrees to indemnify and defend the State in the event of any legal proceeding, <br />complaint or gievance where the State (or any part thereof) is named as a defendant for any reason <br />(and/or whether any allegations against the State are made) where such proceeding relates in any way to <br />any matter related to: (i) this Agreement, (ii) Recipient's use or non-use of the funds described in this <br />Agreement, or (iii) any alleged failure of any person or entity to comply with any law or duty with <br />respect to the funds described in this Agreement. <br />2. Provide commercial insurance of such type and with such terms and limits as may be reasonably <br />associated with the Project. As a minimum,. Recipient shall provide and maintain the following <br />coverage and limits: <br />a. Worker's Compensation -Recipient shall provide and maintain Worker's <br />Compensation Insurance as required by the laws of North Carolina, as well as <br />employer's liability coverage with minimum limits of $500,000.00, covering all <br />Recipient's employees who are engaged in any work under the Program. If any work <br />is sublet, Recipient shall require the Sub-recipient to provide the same coverage for <br />any of its employees engaged in any work under the Program. <br />b. Automobile Liability Insurance, to include liability coverage, covering all owned, hired and <br />non-owned vehicles used in performance of the Program. The minimum combined single <br />limit shall be $500,000.00 bodily injury and property damage; $500,000.00 <br />uninsured/under insured motorist; and $25,000.00 medical payment. <br />Providing and maintain adequate insurance coverage is a material obligation of Recipient and <br />goes to the essence of this Agreement. Recipient may meet its requirements of maintaining <br />specified coverage and limits by demonstrating to OERI that there is in force insurance with <br />equivalent coverage and limits that will offer at least the same protection to OERI. All such <br />insurance shall meet all laws of the State of North Carolina. Such insurance coverage shall be <br />obtained from companies that are authorized to provide such coverage and that are authorized <br />Orange County <br />Grant Award Agreement, p. 6 <br />