cabarrus county board of commissioners regular meeting november ...

Grant Number 2011-047-19GRANT AGREEMENT BETWEEN THE NORTH CAROLINA TOBACCO TRUSTFUND COMMISSION AND CABARRUS COUNTYThis Grant Agreement ("the Agreement") is entered into this 10 th day of October 2011 (“EffectiveDate”) by and between the North Carolina Tobacco Trust Fund Commission (“theCommission”), an agency of the State of North Carolina organized pursuant to Article 75 ofChapter 143 of the NC General Statutes and Cabarrus County , a local governmental unit withits principal place of business at 65 Church Street SE, Concord, NC 28025 ("the Grantee")(together “the Parties” and each in the singular “the Party”).In consideration of mutual promises and such other valuable consideration as is set out in thisAgreement, the Parties do mutually agree to the following:Section I. Term.This Agreement shall commence on the Effective Date and shall terminate on or beforeDecember 31, 2013 (“Termination Date”) unless sooner terminated pursuant to this Agreement.Section II. Scope of the Grant.The purpose of the grant is to provide funds for site preparation for a new shelter at theWinecoff location of the Piedmont Farmer’s Market (“the Project”). In performing thisProject, the Grantee shall develop, perform and complete the work set out in the Project Scope ofServices contained in Exhibit A. Exhibit A, which incorporates the Grantee’s application for theProject, is expressly incorporated by reference and is made a part of this Agreement. TheGrantee’s application for the Project is therefore also incorporated by reference and made a partof this Agreement.If there is a conflict among or between this Grant Agreement, the Project Scope of Servicescontained in Exhibit A, or the Grantee’s application for the Project, provisions of this GrantAgreement shall first control, then provisions of Exhibit A, Scope of Services shall control, andfinally the Grantee’s application shall control.If the Grantee uses any of the funds disbursed from the Commission under this Agreement togrant funds to other entities as part of the Project (“Subgrantees”), it must require its Subgranteesto comply with certain reporting requirements of Section VII of this Agreement and certainrecord keeping provisions of Section VIII of this Agreement. Subgrantees must also comply withcertain parts of Sections IV, V, VII, VIII, IX, XII and XV of this Agreement as is provided for inthose Sections.Section III. Changes in the Project.A. The Commission must authorize any changes with respect to the Project in writingincluding any changes the Grantee requests be made to budgeted line items as provided inExhibit A attached. The Grantee may not make changes to budgeted line itemswithout first getting written authorization from the Commission. Written requestsfor extending the contract’s ending date must be submitted to the Commission aminimum of 90 days from the existing end date.1G-2Attachment number 1Page 353