S Grant - Community and Schools Phase III Tobacco Use Prevention and Cessation Initiative Grant Acceptance

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W. Request for Grant Proposal -The Commission document dated March 29, 2005 and entitled Teen Tobacco Use Prevention and Cessation: Community/School Prevention Program or Special Project RFP seeking applications from entities that wish to establish or expand existing Projects to implement the Commission Program. This Request for Grant Proposal is incorporated by reference as a substantive part of this Agreement as if set forth verbatim, but is not attached to this document. X. Technical Assistance Provider(s) -The entity(ies) or person(s) designated by the Commission to provide specific expertise, corrective action and training to assist in the successful completion of the Grant Program and Grantee's Project. Y. Termination Date -Date on which the Grant Cycle ends, or the date funding for the Project terminates pursuant to other terms within this Agreement. Section II Term The term shall begin with the initial Grant Cycle. The initial Grant Cycle begins July 1, 2006, the effective date, and ends on June 30,2007, the termination date. The Commission may renew this Agreement for additional Grant Cycle(s). If an additional Grant Cycle(s) is approved, (i) the terms will follow in consecutive increments of up to twelve (12) montTis, (ii) the Parties will agree upon a new Action Plan for each additional Grant Cycle and attach the Commission approved Action Plan to this Agreement as Attachment A-4, and (iii) all other provisions of this Agreement will remain in full force and effect for the term of the additional Grant Cycle(s). The Commission may renew only iffunding is available and the Commission, in its sole discretion, determines the Grantee's performance is satisfactory. The Effective Date and Termination Date for each additional Grant Cycle shall be established by the Commission. At the beginning of the additional Grant Cycle(s), the Commission will notify the Grantee by letter in the form set forth in Attachment B-2. Section III Grantee's Representations and Warranties Grantee represents, warrants and agrees that: A. Compliance -The Grantee.agrees to comply with all Laws, ordinances, codes, rules, regulations and licensing requirements applicable to the conduct of its business, including but not limited to those federal, state and local laws and agencies having jurisdiction and/or authority over the Grantee, G.S. 143 6.2, and the performance of this Agreement. B. Organizational Form -The information set forth in Attachment D, entitled Agreement and Certification, is a true and accurate representation of Grantee's organizational form as defined by the State Auditor's website located at www.ncauditor.net. C. N.C. Entity -The entity is duly organized and validly existing under the laws of the State of North Carolina. D. Use of Funds -Grantee shall use all fiznds awarded under this Grant exclusively to support the Project and shall spend the funds in accordance to Attachment B-l, the Approved ProjectBudget. Each year, the Grantee shall certify the proper use of the funds in the form set forth in Attachment E-2, the Annual Certification of Account Balance. 7