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the Grantee will retain ultimate control and responsibility for the project and that the <br /> contractor shall be bound by the Grantee's NCDOCCJPP grant award contract and <br /> conditions. In any case,where the Grantee enters into a contract with third parties, and <br /> when such contracts are not contrary to law,the NCDOCCJPP shall not be obligated or <br /> liable for any breach of contract or other action in law to any party other than the original <br /> Grantee. <br /> The Grantee is responsible for acquiring and following NCDOCCJPP guidelines covering <br /> the prohibition against payment of indirect costs before agreeing to pay administrative <br /> costs with grant funds. The Grantee shall provide one copy of any such contract <br /> documents to the NCDOCCJPP. The Grantee shall receive from NCDOCCJPP <br /> written acknowledgment of receipt of such contract documents prior to the <br /> expenditure of grant funds for the purposes of the contract. <br /> J. Waiver: It is agreed that the Grantor's failure to insist upon the strict performance of any <br /> provision of this application or to exercise any right based upon a breach thereof; or the <br /> acceptance of any performance during such a breach, shall not constitute a waiver of any <br /> rights assigned to the Grantor under this application. <br /> r <br /> K. Title to Property: The title to all real or other property acquired or constructed in whole <br /> or in part with grant funds in accordance with an approved budget and other requirements <br /> set by the Grantor shall be held at all times by the Grantee county and may not be <br /> reassigned. The deed to such property shall be held in the name of the Grantee county. <br /> Said property is subject to transfer or divestment at the option of the NCDOCCJPP where <br /> its use for project purposes is disallowed or discontinued. The proceeds of any transfer or <br /> divestment of property shall belong to the North Carolina Department of Correction. The <br /> Grantee shall exercise due caution in the use, maintenance,protection, and preservation of <br /> such property during the period of project use. <br /> If NCDOCCJPP funds are spent for an approved renovation project,the Grantee is <br /> responsible for securing written agreements from the deed holder of the renovated <br /> property stating the form in which the cost of said renovations will be repaid to the <br /> Grantee. An example is waiver of lease or rental payments during the period in which the <br /> cumulative amount of such payments equals the cost of the renovation. <br /> L Selection of Facility Site:No grant funds may be expended for the purpose of <br /> purchasing, constructing or remodeling a facility or locating a program unless all necessary <br /> local land use ordinances and permits have been met and the facility approved for <br /> operation at the proposed site by the appropriate governing body. If there are no local <br /> zoning ordinances in the jurisdiction in which the proposed facility or program will be <br /> located,the Grantee must report this to the NCDOCCJPP before any fimds are expended, <br /> in order that a procedure for gathering public input on the proposed facility or program <br /> can be put into place. <br /> Page 3 — FY 1996-97 <br />