2012-418 Soil - Water - NC Dept of Agriculture & Consumer Services Matching Technical Assistance Agreement $53,350

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(15)"Special Appropriation" means a legislative subgrantees and shall not be relieved of any of the act authorizing the expenditure of a duties and responsibilities of this Contract. designated amount of public funds for a specific purpose. Subgrantees: The Grantee has the responsibility to (16) "State Funds" means any funds ensure that all subgrantees, if any, provide all appropriated by the North Carolina General information necessary to permit the Grantee to Assembly or collected by the State of North comply with the standards set forth in this Contract. Carolina. State funds include federal financial assistance received by the State Assignment: No assignment of the Grantee's and transferred or disbursed to non-State obligations or the Grantee's right to receive payment entities. Both federal and State funds hereunder shall be permitted. However, upon written maintain their identity as they are subgranted request approved by the issuing purchasing authority, to other organizations. Pursuant to N.C.G.S. the State may: 143C-6-23(a)(1), the terms "State grant funds" and "State grants" do not include any (a) Forward the Grantee's payment check(s) payment made by the Medicaid program, the directly to any person or entity designated by Teachers' and State Employees' the Grantee, or Comprehensive Major Medical Plan, or other (b) Include any person or entity designated by similar medical programs. Grantee as a joint payee on the Grantee's (17) "Subgrantee" has the meaning in G.S. payment check(s). 143C-6-23(a)(3): a non-State entity that receives a grant of State funds from a In no event shall such approval and action obligate grantee or from another subgrantee but does the State to anyone other than the Grantee and the not include any non-State entity subject to Grantee shall remain responsible for fulfillment of all the audit and other reporting requirements of Contract obligations. the Local Government Commission. (18) "Unit of Local Government has the meaning Beneficiaries: Except as herein specifically in G.S. 143C-1-1(d)(29): A municipal provided otherwise, this Contract shall inure to the corporation that has the power to levy taxes, benefit of and be binding upon the parties hereto and including a consolidated city-county as their respective successors. It is expressly defined by G.S. 160B-2(l), and all boards, understood and agreed that the enforcement of the agencies, commissions, authorities, and terms and conditions of this Contract, and all rights of institutions thereof that are not municipal action relating to such enforcement, shall be strictly corporations. reserved to the Agency and the named Grantee. Nothing contained in this document shall give or Relationships of the Parties allow any claim or right of action whatsoever by any other third person. It is the express intention of the Independent Contractor: The Grantee is and shall Agency and Grantee that any such person or entity, be deemed to be an independent Contractor in the other than the Agency or the Grantee, receiving performance of this Contract and as such shall be services or benefits under this Contract shall be wholly responsible for the work to be performed and deemed an incidental beneficiary only. for the supervision of its employees. The Grantee Indemnity represents that it has, or shall secure at its own expense, all personnel required in performing the Indemnification: The Grantee agrees to indemnify services under this agreement. Such employees shall and hold harmless the Agency, including any of its not be employees of, or have any individual Divisions, and any of its officers, agents and contractual relationship with, the Agency, employees, from liability of any kind, and from any Subcontracting: The Grantee shall not subcontract claims of third parties arising out of any act or any of the work contemplated under this Contract omission of the Contractor in connection with the without prior written approval from the Agency. Any performance of this Contract to the extent permitted approved subcontract shall be subject to all by law. conditions of this Contract. Only the subcontractors Default and Termination or subgrantees specified in the Contract documents are to be considered approved upon award of the Termination by Mutual Consent: The Parties may Contract. The Agency shall not be obligated to pay terminate this Contract by mutual consent with 60 for any work performed by any unapproved days notice to the other party, or as otherwise subcontractor or subgrantee. The Grantee shall be provided by law. responsible for the performance of all of its NCDA&CS-General Terms and Conditions-Public-Local Governmental Entities Eff�9/2005;Rev. 11/11,8/12,9/12 Page 2 of 11