2005 S DSS - Center for Employment Training for Vocational Training

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The Provider is and shall be deemed to be an independent contractor in the performance of this contract and agrees to indemnity and save harmless the Department against any claims of third parties arising out of any act of omission of the Provider, its agents employees and subcontractors in the performance of this contract. SECTION V: Subcontracting The Provider shall not subcontract any of the work contemplated under this contract without obtaining PRIOR WRITTEN APPROVAL from the Department. Any approved subcontract shall be subject to all conditions of this contract. The Provider shall be responsible for the performance of any subcontractor. SECTION VI: Right to Data The Department may duplicate, use and disclose all data delivered under this contract. The Provider may copyright data generated as a result of the contract; however, this data shall not be marked for profit by the Provider. Additionally, the Provider grants to the Department a royalty fee, non-exclusive, irrevocable license to publish, translate, reproduce, deliver, perform and dispose of all data now or hereafter covered by such copyright. With respect to data not originated in the performance of this contract, the above license shall be only to the extent that the Provider has the right to grant such license without becoming liable to pay compensation to others because contract shall acknowledge the support provided by the Department. SECTION VII: Determination of Participant Eligibility The Department has the responsibility of intake, initial determination and redetermination of eligibility for service(s), in accordance with Federal, State, and County regulations. It is the responsibility of the Department to notify the provider of the eligibility status of each individual for the service(s), the period of time for which service(s) are authorized, and any changes in the eligibility status. This is done by the use of Form DSS-1360 (Rev.4/94) for Work First Program participants. The Provider may not be reimbursed under this contract for clients who were served in the absence of a valid DSS-1360 (Rev. 4/94) or for any period of time not covered by an authorized DSS-1360 (Rev.4/94) SECTION VIII: Conflict of Interest The Provider expressly states that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict, in any manner or degree with the performance of service required to be performed under this contract. The Provider further agrees to notify the Department in writing of any instance that might have the appearance of a conflict of interest. Upon execution of this contract and prior to disbursement of funds, the Provider shall submit to the Department a notarized copy of the Provider's policy addressing conflict of interest in accordance with the North Carolina. law. SECTION IX: Treatment of Assets Treatment of assets acquired under this contract shall be subject to the following. A. Ownership of property purchased by the Provider under the terms of this contract for which reimbursement by the Department is based upon the actual purchase cost of the property shall immediately vest with the Department upon such reimbursement. B. The Department shall have no claim to property purchased by the Provider under the terms of this Contract for which reimbursement by the Department is based upon on approved depreciation schedule or use allowance. Interest charges on rentedlleased equipment are not reimbursable. SECTION X: Administrator for the Contract The persons named below shall be administrators for the respective parties and shall be the person to whom notices provided for in this Contract shall be given and to whom matters relating to administration or interpretation of this Contract shall be addressed. Either party may change its administrator, address or telephone number by written notice to the other party. Page 3 of 6