5-1-2023 BOC Regular Meeting Minutes

Home Browse Search

N.C. Parks and Recreation Trust Fund Accessibilitv for Parks Project Agreement the Department as provided herein,the Grantee shall be entitled to receive just and equitable compensation for any satisfactory work completed on such materials,minus any payment or compensation previously made. Notwithstanding the foregoing provision, the Grantee shall not be relieved of liability to the Department for damages sustained by the Department by virtue of the Grantee's breach of this Agreement, and the Department may withhold any payment due the Grantee for the purpose of setoff until such time as the exact amount of damages due the Department from such breach can be determined. In addition, in the event of default by the Grantee under this Agreement, the State may immediately cease doing business with the Grantee,immediately terminate for cause all existing contracts the State has with the Grantee,and de-bar the Grantee from doing future business with the State. Upon the Grantee filing a petition for bankruptcy or the entering of a judgment of bankruptcy by or against the Grantee,the State may immediately terminate,for cause,this Agreement and all other existing contracts the Grantee has with the State,and de-bar the Grantee from doing future business. 4. Failure by the Grantee to comply with the provisions and conditions set forth in the formal application, PARTF administrative rules, Section 14.8 of N.C. Session Law 2021-180, and this Agreement may result in the Department declaring the Grantee ineligible for further participation in future PARTF or AFP grant cycles, in addition to any other remedies provided by law, until such time as compliance has been obtained to the satisfaction of the Department. S. Waiver by the Department of any default or breach in compliance with the terms of this Agreement by the Grantee shall not be deemed a waiver of any subsequent default or breach and shall not be construed to be modification of the terms of this Agreement unless stated to be such in writing, signed by an authorized representative of the Department and the Grantee and attached to the Agreement. 6. Neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by any act of war, hostile foreign action, nuclear explosion, riot, strikes, civil insurrection,earthquake,hurricane,tornado,or other catastrophic natural event or act of God. Section IV. General Terms 1. This Agreement is subject to the reporting requirements described in the Notice of Certain Reporting and Audit Requirements(Attachment A). 2. The Grantee must ensure that grant funds dispersed under this Agreement are audited in compliance with State and federal audit requirements for local governments and public authorities, institutions of higher education, and nonprofit organizations, and, as applicable, according to the standards of the federal Single Audit Act and Circular A-133 "Audits of States, Local Governments, and Nonprofit Organizations" as supplied by the Executive Office of the President,Office of Management and Budget,Washington,DC. 3. No assignment of the Grantee's obligations or the Grantee's right to receive payment hereunder shall be permitted. However,upon written request approved by the Department,the Department may: a. Forward the Grantee's payment check(s) directly to any person or entity designated by the Grantee,or b. Include any person or entity designated by Grantee as a joint payee on the Grantee's payment check(s). In no event shall such approval and action obligate the Department to anyone other than the Grantee and the Grantee shall remain responsible for fulfillment of all Agreement obligations. 4. Except as otherwise provided herein, this Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors. It is expressly understood and agreed that the enforcement of Page 4 of 10