5-1-2023 BOC Regular Meeting Minutes

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N.C. Parks and Recreation Trust Fund Accessibility for Parks Proiect Agreement 3. The Grantee shall not subgrant any of the work contemplated under this Agreement without prior written approval from the Department. The Department shall not be obligated to pay for any work performed by any unapproved subgrantee or subrecipient. The Grantee or subrecipient is not relieved of any of the duties and responsibilities of this Agreement. Furthermore, any subrecipient must agree to abide by the standards contained in this Agreement and to provide all information to allow the Grantee to comply with these standards. 4. The Grantee shall be wholly responsible for the work to be performed and for the supervision of its employees. The Grantee represents that it has,or will secure at its own expense,all personnel required in performing the services under this Agreement. Such employees shall not be employees of or have any individual contractual relationship with the Department. 5. In the event the Grantee subcontracts for any or all of the services covered by this Agreement: a. The Grantee is not relieved of any of the duties and responsibilities provided in this Agreement; b. The Grantee's contract with the subcontractor must provide that the subcontractor agrees to abide by the standards contained in this Agreement or to provide such information as to allow the Grantee to comply with these standards;and c. The Grantee's contract with the subcontractor must provide that the subcontractor agrees to allow state and federal authorized representatives access to any records pertinent to its role as a subcontractor. 6. The Grantee agrees to comply with all applicable reporting requirements for grant recipients at the designated reporting level as outlined in 09 NCAC 03M .0205, including providing a certification that State financial assistance received was used for the purposes for which it was awarded. 7. The Grantee agrees to maintain and manage AFP-assisted development/renovation projects for public recreation use for a minimum period of twenty-five(25)years after project completion. 8. The Grantee agrees to operate and maintain the project site so as to appear attractive and inviting to the public, kept in reasonably safe repair and condition,and open for public use at reasonable hours and times of the year,according to the type of facility and area. 9. The Grantee shall agree to place utility lines developed with PARTF assistance underground. 10. If the project site is rendered unusable for any reason whatsoever,the Grantee agrees to immediately notify the Department of said conditions and to make repairs, at its own expense, in order to restore use and enjoyment of the project by the public. Section III. Proiect Termination and Applicant Eligibility 1. The Grantee may unilaterally rescind this Agreement at any time prior to the expenditure of funds by the State on the project described in this Agreement. 2. Termination by Mutual Consent: The Parties may terminate this Agreement by mutual consent with sixty(60) days'written notice to the other Party,or as otherwise provided by law. If the Agreement is terminated by the Department as provided herein,the Grantee shall be paid for services satisfactorily completed, less payment or compensation previously made. Unexpended funds held by the Grantee shall revert to the PARTF upon termination of this Agreement. 3. Termination for Cause: If, through any cause, the Grantee shall fail to fulfill its obligations under this Agreement in a timely and proper manner, the Department shall have the right to terminate this Agreement by giving written notice to the Grantee and specifying the effective date thereof. Unexpended funds held by the Grantee shall revert to the PARTF upon termination of this Agreement. If the Agreement is terminated by Page 3 of 10