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designated amount of public funds for a Subgrantees: The Grantee has the responsibility to <br /> specific purpose. ensure that all subgrantees, if any, provide all <br /> (16) "State Funds" means any funds information necessary to permit the Grantee to <br /> appropriated by the North Carolina General comply with the standards set forth in this Contract. <br /> Assembly or collected by the State of North <br /> Carolina. State funds include federal Assignment: No assignment of the Grantee's <br /> financial assistance received by the State obligations or the Grantee's right to receive payment <br /> and transferred or disbursed to non-State hereunder shall be permitted. However, upon written <br /> entities. Both federal and State funds request approved by the issuing purchasing authority, <br /> maintain their identity as they are subgranted the State may: <br /> to other organizations. Pursuant to N.C.G.S. <br /> 143C-6-23(a)(1), the terms "State grant (a) Forward the Grantee's payment check(s) <br /> funds" and "State grants" do not include any directly to any person or entity designated by <br /> payment made by the Medicaid program, the the Grantee, or <br /> Teachers' and State Employees' (b) Include any person or entity designated by <br /> Comprehensive Major Medical Plan, or other Grantee as a joint payee on the Grantee's <br /> similar medical programs. payment check(s). <br /> (17) "Subgrantee" has the meaning in G.S. <br /> 143C-6-23(a)(3): a non-State entity that In no event shall such approval and action obligate <br /> receives a grant of State funds from a the State to anyone other than the Grantee and the <br /> grantee or from another subgrantee but does Grantee shall remain responsible for fulfillment of all <br /> not include any non-State entity subject to Contract obligations. <br /> the audit and other reporting requirements of <br /> the Local Government Commission. Beneficiaries: Except as herein specifically <br /> (18) "Unit of Local Government has the meaning provided otherwise, this Contract shall inure to the <br /> in G.S. 143C-1-1(d)(29): A municipal benefit of and be binding upon the parties hereto and <br /> corporation that has the power to levy taxes, their respective successors. It is expressly <br /> including a consolidated city-county as understood and agreed that the enforcement of the <br /> defined by G.S. 160B-2(1), and all boards, terms and conditions of this Contract, and all rights of <br /> agencies, commissions, authorities, and action relating to such enforcement, shall be strictly <br /> institutions thereof that are not municipal <br /> reserved to the Agency and the named Grantee. <br /> Nothing contained in this document shall give or <br /> corporations. allow any claim or right of action whatsoever by any <br /> other third person. It is the express intention of the <br /> Relationships of the Parties Agency and Grantee that any such person or entity, <br /> Independent Contractor: The Grantee is and shall other than the Agency or the Grantee, receiving <br /> services or benefits under this Contract shall be <br /> be deemed to be an independent Contractor in the deemed an incidental beneficiary only. <br /> performance of this Contract and as such shall be <br /> wholly responsible for the work to be performed and Indemnity <br /> for the supervision of its employees. The Grantee <br /> represents that it has, or shall secure at its own Indemnification: The Grantee agrees to indemnify <br /> expense, all personnel required in performing the and hold harmless the Agency, including any of its <br /> services under this agreement. Such employees shall Divisions, and any of its officers, agents and <br /> not be employees of, or have any individual employees, from liability of any kind, and from any <br /> contractual relationship with, the Agency. claims of third parties arising out of any act or <br /> omission of the Contractor in connection with the <br /> Subcontracting: The Grantee shall not subcontract <br /> any of the work contemplated under this Contract performance of this Contract to the extent permitted <br /> by law. <br /> without prior written approval from the Agency. Any <br /> approved subcontract shall be subject to all Default and Termination <br /> conditions of this Contract. Only the subcontractors <br /> or subgrantees specified in the Contract documents Termination by Mutual Consent: The Parties may <br /> are to be considered approved upon award of the terminate this Contract by mutual consent with 60 <br /> Contract. The Agency shall not be obligated to pay days notice to the other party, or as otherwise <br /> for any work performed by any unapproved provided by law. <br /> subcontractor or subgrantee. The Grantee shall be <br /> responsible for the performance of all of its Termination for Cause: If, through any cause, the <br /> subgrantees and shall not be relieved of any of the Grantee shall fail to fulfill its obligations under this <br /> duties and responsibilities of this Contract. Contract in a timely and proper manner, the Agency <br /> shall have the right to terminate this Contract by <br /> NCDA&CS-General Terms and Conditions—Public-Local Governmental Entities <br /> Eff. 07/14;4/15;1/17 Page 2 of <br />