Orange County NC Website
<br /> <br />Hazard Mitigation Page 49 FEMA-DR-4393-0042 Orange County <br />Grant Agreement <br />D-26 <br /> <br />statutes or commission of embezzlement, theft, forgery, bribery, <br />falsification or destruction of records, making false statements, or receiving <br />stolen property; <br /> <br />(3) Is not presently indicted for or otherwise criminally or civilly charged by a <br />governmental entity (Federal, State, or local) with commission of any of <br />the offenses enumerated in paragraph (2) above; and, <br /> <br />(4) Has not within a three-year period preceding this application had one or <br />more public transactions (Federal, State, or local) terminated for cause or <br />default. <br /> <br />(y) RECIPIENT/SUBGRANTEE further agrees that it will include the above <br />certifications, without modification, in all lower tier contracts and in all <br />solicitations for lower tier contracts. <br /> <br />(z) No governmental non-competes. RECIPIENT/SUBGRANTEE shall not impose <br />or enforce any non-competition agreement upon the employees included in <br />RECIPIENT/SUBGRANTEE’s proposal that would prevent those employees from <br />accepting any offer of employment from the State of North Carolina outside of the <br />first Term of the Contract. By executing this Agreement the <br />RECIPIENT/SUBGRANTEE affirms this condition. This affirmation is a material <br />condition for the State’s award of any work under this Agreement. <br /> <br />(aa) Program Monitoring. RECIPIENT/SUBGRANTEE agrees to assist and <br />cooperate with the Federal grantor agency and State or their duly designated <br />representatives in the monitoring of the project or projects to which this contract <br />relates, and to provide in form and manner approved by STATE such monitoring <br />reports, progress reports, and the like as may be required and to provide such <br />reports at the times specified. <br /> <br />(bb) Funding Contingency. The awarded Contract may be suspended and/or <br />terminated without liability to the State if any grant is suspended or terminated, <br />and unless and until the State receives funds in an amount that is deemed sufficient <br />to enable it to fund the Contract awarded, the State is under no obligation to make <br />any payments to the RECIPIENT/SUBGRANTEE. <br /> <br />(cc) Women and Minority Owned Businesses. 2 C.F.R. § 200.321 requires that all <br />necessary affirmative steps are taken by the State and <br />RECIPIENT/SUBGRANTEE to assure that minority and women’s businesses are <br />used when possible, and N.C. Gen. Stat. 143-128.2 establishes a ten percent (10%) <br />goal for participation by minority and women owned businesses in total value of <br />work performed for the State. <br />DocuSign Envelope ID: 26D0940B-F66D-4866-9C70-60056804E991DocuSign Envelope ID: B94E5F6B-897F-4461-A479-96F4BF459906DocuSign Envelope ID: 72D7F019-9C12-4921-8125-FCF8032A7011