2013-488 Aging - NC Dept of Ins for Senior Health Insurance Information Program (SHIP) $1,739

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