Laserfiche WebLink
BK: 00028 PG: 0011 <br />are subgranted to other organizations. Pursuant <br />to NCGS 143C -6-23(a)(1), the terms "State <br />grant funds" and "State grants" do not include <br />any payment made by the Medicaid program, <br />the Teachers' and State Employees' <br />Comprehensive Major Medical Plan, or other <br />similar medical programs. <br />(17) "Subgrantee" has the meaning in NCGS 143C- <br />6 -23(a)(3): a non -State entity that receives a <br />grant of State funds from a grantee or from <br />another subgrantee but does not include any <br />non -State entity subject to the audit and other <br />reporting requirements of the Local <br />Government Commission. <br />(18) "Unit of Local Government" has the meaning <br />in NCGS 143C -1-1(d)(29): A municipal <br />corporation that has the power to levy taxes, <br />including a consolidated city -county as defined <br />by NCGS 16013-2(1), and all boards, agencies, <br />commissions, authorities, and institutions <br />thereof that are not municipal corporations. <br />Relationships of the Parties <br />Independent Contractor: The Grantee is and shall be <br />deemed to be an independent contractor in the <br />performance of this Contract and as such shall be wholly <br />responsible for the work to be performed and for the <br />supervision of its employees. The Grantee represents that <br />it has, or shall secure at its own expense, all personnel <br />required in performing the services under this agreement. <br />Such employees shall not be employees of, or have any <br />individual contractual relationship with, the Agency. <br />Subcontracting: The Grantee shall not subcontract any <br />of the work contemplated under this Contract without <br />prior written approval from the Agency. Any approved <br />subcontract shall be subject to all conditions of this <br />Contract. Only the subcontractors or subgrantees <br />specified in the contract documents are to be considered <br />approved upon award of the contract. The Agency shall <br />not be obligated to pay for any work performed by any <br />unapproved subcontractor or subgrantee. The Grantee <br />shall be responsible for the performance of all of its <br />subgrantees and shall not be relieved of any of the duties <br />and responsibilities of this Contract. <br />Subgrantees: The Grantee has the responsibility to <br />ensure that all subgrantees, if any, provide all information <br />necessary to permit the Grantee to comply with the <br />standards set forth in this Contract. <br />assignment: No assignment of the Grantee's obligations <br />or the Grantee's right to receive payment hereunder shall <br />be permitted. However, upon written request approved <br />by the issuing purchasing authority, the State may: <br />(a) Forward the Grantee's payment checxks) uirecuy <br />to any person or entity designated by the Grantee, <br />or <br />(b) Include any person or entity designated by <br />Grantee as a joint payee on the Grantee's payment <br />check(s). <br />In no event shall such approval and action obligate the <br />State to anyone other than the Grantee and the Grantee <br />shall remain responsible for fulfillment of all contract <br />obligations. <br />Beneficiaries: Except as herein specifically provided <br />otherwise, this Contract shall inure to the benefit of and <br />be binding upon the parties hereto and their respective <br />successors. It is expressly understood and agreed that the <br />enforcement of the terms and conditions of this Contract, <br />and all rights of action relating to such enforcement, shall <br />be strictly reserved to the Agency and the named Grantee. <br />Nothing contained in this document shall give or allow <br />any claim or right of action whatsoever by any other third <br />person. It is the express intention of the Agency and <br />Grantee that any such person or entity, other than the <br />Agency or the Grantee, receiving services or benefits <br />under this Contract shall be deemed an incidental <br />beneficiary only. <br />Indemnity <br />Indemnification: The Grantee agrees to indemnify and <br />hold harmless the Agency, the State of North Carolina, <br />and any of their officers, agents and employees, from any <br />claims of third parties arising out of any act or omission <br />of the Grantee in connection with the performance of this <br />Contract. <br />Default and Termination <br />Termination by Mutual Consent: The Parties may <br />terminate this Contract by mutual consent with 60 days <br />notice to the other party, or as otherwise provided by law. <br />Termination Without Cause: The Agency may <br />terminate this contract without cause by giving 60 days <br />written notice to the Contractor. In that event, all fmished <br />or unfinished deliverable items prepared by the <br />Contractor under this contract shall, at the option of the <br />Agency, become its property and the Contractor shall be <br />entitled to receive just and equitable compensation for any <br />satisfactory work completed on such materials, minus any <br />payment or compensation previously made. <br />Termination for Cause: If, through any cause, the <br />Grantee shall fail to fulfill its obligations under this <br />Contract in a timely and proper manner, the Agency shall <br />have the right to terminate this Contract by giving written <br />notice to the Grantee and specifying the effective date <br />Pace 6 of 14 <br />