2006 NS Contract - NC Department of Correction Grant Award and CJPP Continuation Contracts

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corrections plan or plan amendments shall constitute approval of agreements or contracts contained therein. H. Criminal Penalties: Whoever embezzles, willfully misapplies, steals or obtains by fraud any funds, assets, or property from a grant, whether received directly or indirectly from the NCDOCCJPP, shall be subject to prosecution under applicable law. Whoever knowingly and willfully falsifies or conceals any material fact in any application for assistance submitted pursuant to the State-County Criminal Justice Partnership Act or in any record required to be maintained pursuant to this contract, shall also be subject to prosecution. I. Continuation of Funding: The Grantee understands that the awarding of any NCDOCCJPP grant in no way assures or implies continuation of funding beyond the project duration indicated on the grant award contract. J. Waiver: It is agreed that the Grantor=s failure to insist upon the strict performance of any provision of this application or to exercise any right based upon a breach thereof, or the acceptance of any performance during such a breach, shall not constitute a waiver of any rights assigned to the Grantor under this application. K. Title to Property: The title to all real or other property acquired or constructed in whole or in part with grant funds in accordance with an approved budget and other requirements set by the Grantor shall be held at all times by the Grantee county and may not be reassigned. The deed to such property shall be held in the name of the Grantee county. Said property is subject to transfer or divestment at the option of the NCDOCCJPP where its use for project purposes is disallowed or discontinued. The proceeds of any transfer or divestment of property shall belong to the North Carolina Department of Correction. All items procured. with NCDOCCJPP grant funds must be the property of the Grantee, not any of its employees or contractors. T'he Grantee shall exercise due caution in the use, maintenance, protection, and preservation of such property during the period of project use. If NCDOCCJPP funds are spent for an approved renovation project on rental property, the Grantee is responsible for securing written agreements from the deed holder of the renovated property stating the form in which the cost of said renovations will be repaid to the Grantee. An example is waiver of lease or rental payments during the period in which the cumulative amount of such payments equals the cost of the renovation. L. Selection of Facility Site: No grant funds maybe expended for the purpose of purchasing, constructing or remodeling a facility or locating a program unless all necessary local land use ordinances and permits have been met and the facility approved for operation at the proposed site by the appropriate governing body. If there are no local zoning ordinances in the jurisdiction in which the proposed facility or program will be located, the Grantee must report this to the NCDOCCJPP before any funds are expended, in order that a procedure for gathering public input on the proposed facility or program can be put into place. The Grantee shall be responsible for providing sufficient notification and review of a particular site for a facility or program paid for in whole or in part with NCDOCCJPP funds. Page 3---July 1, 2006 to June 30, 2007