Agenda-09-22-09 - added item - Laserfiche WebLink

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by the Commissioner of Insurance to do business in North Carolina. Recipient shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or this Agreement. The limits of coverage under each insurance policy maintained by Recipient shall not be interpreted as limiting Recipient's liability and obligations under this Agreement. F. Obligations of Recipient with Respect to Certain Third Party Relationships. Recipient is liable to OERI for complying with the provisions of this Agreement and all applicable laws, rules and requirements, even when Recipient designates a third party or parties to undertake all or any part of the Program. Recipient shall insure compliance with all lawful requirements of OERI, HUD and this agreement. If Recipient contracts with or designates a third party to undertake all or part of the Program, Recipient's contract with the third party must require the third party to comply with all applicable laws and Recipient must maintain all rights and control in that agreement to insure its responsibilities under this agreement, and 1. Recipient must first approve any agreement with any third party in advance of any disbursement of funds or contractual obligation. 2. Any subcontractors of third party agreements entered into by Recipient with Program funds shall be subject to all terms and conditions of this Agreement and the Recipient shall maintain an affirmative duty to actively monitor compliance and performance and reporting. 3. The payment of all subcontractors and third parties shall be the sole responsibility of Recipient, and OERI shall not be obligated to pay for any work performed by any subcontractor or third party. Recipient shall be responsible for the performance of all subcontractors and third parties and shall not be relieved of any of the duties and responsibilities of this Agreement as a result of entering into subcontracts or third party agreements. G. Management, Oversight Standards and Reporting Recipient is required to: 1. Constantly monitor the performance under Grant-supported activities, including activities performed by third parties, to insure that time schedules are being met, projected work units by time periods are being accomplished, and other performance goals are being achieved. 2. Comply with any additional monitoring and reporting requirements as may be imposed by OERI or HUD. Upon Recipient's receipt of notice from OERI or HUD requesting information or instruments from Recipient, Recipient shall provide the information as soon as is reasonably practicable, and in no event later than 30 calendar days. Acknowledges that the Whistle blower provisions of Article 14 of Chapter 124, NCGS 126-84 through 126-88 (applies to the State and state employees), Article 21 of Chapter 95, NCGS 95- 240 through 85-245 (applies to anyone, including state employees), and Section 1553 of the Recovery Act (applies to anyone receiving federal funds), provide protection to State, Federal and contract employees. Activities protected under the ARRA whistleblower provision, Section 1553 (a) include information that the employee reasonably believes is evidence of: (1) gross mismanagement of an agency contract or grant relating to covered funds*; (2) a gross waste of covered funds; Orange County Grant Award Agreement, p. 7