Agenda - 10-07-2008 - 6c - Laserfiche WebLink

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i~ received by the .State and transferred ar disbursed tiQ non-State entities. Bath Federal and State funds maintain their identity as they are subgranted to other ~ganiza6ons. Pursuant ~ N,C,G,$, 143C-6-23{an1y, the terms 'State grant funds" and "Stale graniS" do not include any payment made by the tJiedieald program, the Teachers' and State Employees' Compr+etiensive Major Medical Plan. or other Similar medical programs. {17} "Subgrantee" has th ~ non-State entity N. C_ G _S_ 1430-6-23{a}(3r that receives a grant of State funds from a . grantee or' from another subgrantee but does not include any nonState enh ements oof the Lora and other reporting equ Govemment CArrimission. (1$) „Unit of Eocat Govemment has the mmuni pal N.C.Ca.S; 1430-1-1{dyj29): t;crrporation #hat has the pourer to levy taxes, including a consolidated city-craunty as defined by M.C,G.S. 16pg-~{i}, and all beards, agencies, commissions, authorities, and institutions thereof that era not municipal carporatitxns_ ~talationships of the Parties InclQpendent Contractor: The Grantee is and shall be deemed to be an independent contractor in the performance of this Contract and as such shall be wholly responsble far the work to be performed and for the supervision of its empk~yees_ The Grantee represents that it has, or shall secure at its own expense, all personnel required in performing the services under this agreement. Such employees shad net tse employees of. or have any individual contractual nelatianship with, the Agency_ Subaantracting~ The Grant~e+s shall not subcontract any of the work corrtemplated under this Contract without prier written approval from the Agency. Any approved subrxintract shalt be Subject to all oonditiens of this Contract, t3nly the subcontractors ar subgrantees specified in the contract documents are to be considered approved upon award of the contract. The p~gency shall not be eb6gated to paY fer any work performed by any unapprm~ subcontractor or subgrantee. The Grantee shall be responsible fur the performance of all of its subgrantee5 and shall not be relieved of any of the duties end responsiblities of this Contract Sut>`granteas: The Grantee has the rosy v deb all ensure that all subgraniee5~ ttte Garantee to Qpmpiy information necessary to perm. watt, the standaMs set forth in this Contract. A$signmertt: No assignment Of #Ite Grantee's obligations or the Grantee's right to receive payment hereunder shall be permitted- Flaweaer, upon written request approved by the issuing purchasing authority. the State may, ia7 Forward the Grantee's payment cttedc{s} directly do any person or entity designated by the +Grantee, r5r {b} Include any person ar +entity designated by Grantee as a joint payee on the Grantees payment checkis}- In no event shaft such approval and at;tton obligate the State to anyone other than the Grantee and the Grantee shall remain respansifsle for fulfillment of all contract obligations- Beneifieiarles: apt as herein specifically provided ethervuisa, this Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors. it is expressly understood and agreed that ttte enforcement of the terms and conditions of this Contract, and all rights of action relating to such enForoemsnt, shall tie strictly reserved to the Agency and this named Grani>ee. hlothing pr~ntained in this document shall give or allow any claim or right of action whatseevar by any other third person. It i5 the express intention of the Agency and Grantee that any such person or entity, other than the Agency or the Grantee, reoeivtng senriceS or benefits under this Contract shall be deemed an incidental beneficiary only. 6nde9mnlty Indemnification: The Grantee agrees is indemnify and hold harmless the Agency, the State of Nerth Cari~lina, and any of their offiioers, agents and employees, from any claims of third parties arising out t5f any act or omission of the Grantee in connection with the perfomranr~.e of this Contract to the extent permitted by law. f7iefault and Tenninatian Terrnina~tion by (+i<utUal +Cansent: The ~ many terminafis this Contract by mutual taonsent with t30 days notice to the ether party, or as etherwise provided by Is~w T~armination for C~iuse: If, through any cause, the Grantee shall fail to fulfill its obligations under this Contract in a timely and proper manner, the 1~gency shall have the right to terminate this Contract by giving written notice to the Grantee and specifying the effeGtirre date thereof. In that event, alt finished or unfinished deliverable items prepared by the Grantee under this Contract shall, at the option of the Agency, berome its property and the Grantee shat) ba enti~ledtisfactory t+,vorlc and equitable cximpensa6on for arty rxxrtpleted pn sudl materials, minus arty payment +~' connpensation previously made. Notwithstantting the foregoing provision, the Grantee shall nosth ned1eby t e liability to the Agency for damages NGfl Form 000982 GrardS (,,gp~brdl Terms and C«diions-Pubric 3ecior En6ii06 Pa~gr: 6 t7# 12 Eif_ 912005 Rerr~d 7007