Orange County NC Website
Browse       Search
"Single Audit" means an audit that includes an examination of an organization's financial statements, internal controls, <br />and compliance with the requirements of Federal or State awards. <br />"Special Appropriation" means a legislative act authorizing the expenditure of a designated amount of public funds for a <br />specific purpose. <br />"State Funds" means any funds appropriated by the North Carolina General Assembly or collected by the State of North <br />Carolina. State funds include federal financial assistance received by the State and transferred or disbursed to non-State <br />entities. Both Federal and State funds maintain their identity as they are subgranted to other organizations. <br />"Subgrantee" has the meaning in G.S. 143C-6-23(a)(3). <br />"Unit of Local Government has the meaning in G.S. 159-7(15). <br />TERMS AND CONDITIONS <br />Choice of Law: The validity of this Contract and any of its terms or provisions, as well as the rights and duties of the <br />parties to this Contract, are governed by the laws of North Carolina. The Grantee, by signing this Contract, agrees and <br />submits, solely for matters concerning this Contract, to the exclusive jurisdiction of the courts of North Carolina and <br />agrees, solely for such purpose, that the exclusive venue for any legal proceedings shall be Wake County, North <br />Carolina. The place of this Contract and all transactions and agreements relating to it, and their situs and forum, shall <br />be Wake County, North Carolina, where all matters, whether sounding in contract or tort, relating to the validity, <br />construction, interpretation, and enforcement shall be determined. <br />Independent Contractor: The Grantee is and shall be deemed to bean independent contractor in the performance of <br />this Contract and as such shall be wholly responsible for the work to be performed and for the supervision of its <br />employees. The Grantee represents that it has, or shall secure at its own expense, all personnel required in performing <br />the services under this agreement. Such employees shall not be employees of, or have any individual contractual <br />relationship with, the Agency. <br />3. Key Personnel: The Grantee shall not substitute key personnel assigned to the performance of this contract without <br />prior written approval by the Agency's Contract Administrator. The individuals designated as key personnel for <br />purposes of this contract are those specified in the Grantee's proposal. <br />4. Assignment: No assignment of the Grantee's obligations or the Grantee's right to receive payment hereunder shall be <br />permitted. However, upon written request approved by the issuing purchasing authority, the State may: <br />(a) Forward the Grantee's payment check(s) directly to any person or entity designated by the Grantee, or <br />(b) Include any person or entity designated by Grantee as a joint payee on the Grantee's payment check(s). In no <br />event shall such approval and action obligate the State to anyone other than the Grantee and the Grantee shall <br />remain responsible for fulfillment of all contract obligations. <br />5. Beneficiaries: Except as herein specifically provided otherwise, this Contract shall inure to the benefit of and be <br />binding upon the parties hereto and their respective successors. It is expressly understood and agreed that the <br />enforcement of the terms and conditions of this Contract, and all rights of action relating to such enforcement, shall <br />be strictly reserved to the Agency and the named Grantee. Nothing contained in this document shall give or allow any <br />claim or right of action whatsoever by any other third person. It is the express intention of the Agency and Grantee <br />that any such person or entity, other than the Agency or the Grantee, receiving services or benefits under this Contract <br />shall be deemed an incidental beneficiary only. <br />Gvmt Rev. 7/11 Page 3 of 9 <br />