Agenda Package - 2-20-12 Reg. Meeting

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641 17. The County and /or Fire Department will indemnify and hold harmless the Department and the State of North Carolina, their respective officers, directors, principals, employees, agents, successors, and assigns from and against any and all claims for damage and liability in connection with the Project activities performed pursuant to this Agreement including construction of the Project. The Department shall not be responsible for any damages claims, which may be initiated by third parties. 18. The Department must approve any assignment or transfer of the responsibilities of the County and /or Fire Department set forth in this Agreement to other parties or entities. 19. If the County and /or Fire Department decides to terminate the Project without the concurrence of the Department, the County and /or Fire Department shall reimburse the Department one hundred percent (100 %) of all costs expended by the Department and associated with the Project. Any notification of termination of this Project shall be in writing to the other party. Reimbursement to the Department shall be made in one lump sum payment within sixty (60) days of billing. A late payment penalty and interest shall be charged on any unpaid balance due in accordance with G.S. 147 -86.23 and G.S. 105-241.21. 20. In compliance with state policy, the County and Fire Department, and its agent, including all contractors, subcontractors, or sub - recipients shall have a Conflict of Interest Policy and adhere to the Department's Women Business Enterprise (WBE) and Minority Business Enterprise (MBE) policy which requires goals to be set and participation to be reported, as more fully described in the Subcontractor Guidelines section of this Agreement. 21. All terms and conditions of this Agreement are dependent upon, and subject to, the allocation of funds for the purpose set forth in the Agreement and the Agreement shall automatically terminate if funds cease to be available. 22. "By Executive Order 24, issued by Governor Perdue, and N.C. G.S.§ 133 -32, it is unlawful for any vendor or contractor ( i.e. architect, bidder, contractor, construction manager, design professional, engineer, landlord, offeror, seller, subcontractor, supplier, or vendor), to make gifts or to give favors to any State employee of the Governor's Cabinet Agencies (i.e., Administration, Commerce, Correction, Crime Control and Public Safety, Cultural Resources, Environment and Natural Resources, Health and Human Services, Juvenile Justice and Delinquency Prevention, Revenue, Transportation, and the Office of the Governor). Agreement ID # 2904 10