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46 <br /> <br />o <br /> <br />o <br /> <br />10. <br /> <br />11. <br /> <br />12. <br /> <br />13. <br /> <br />14. <br /> <br />15. <br /> <br />The County agrees to provide or otherwise secure necessary funds <br />to pay that portion of the cost of the items set forth on Exhibit <br />A not payable by the Council pursuant to this agreement. <br />Payment of funds by the Council as specified in this agreement is <br />dependent upon and subject to the Council's receipt of funds <br />allocated and appropriated for this purpose from the N.C. Depart- <br />ment of Human Resources. <br />The County agrees to name Benny ~. Mabrey, Sr. as their official <br />project director for all matters pertaining to this agreement. <br />The County agrees to submit in writing to the Council any request <br />for changes in the aforesaid equipment or budget therefore, and <br />to receive the approval of the Council prior to implementing any <br />such changes. <br />Title to the aforesaid equipment, upon delivery and acceptance <br />thereof, shall be vested in the County, and all warranties shall <br />similarly become vested to the County. Any agreements for the <br />servicing of said equipment shall be made directly between the <br />Cou_q~ and the vendor. <br />The County agrees to maintain and administer, in accordance with <br />sound business practice, a program for the maintenance, repair, <br />protection, preservation, control of, and accountability for the <br />equipment so as to assure its full availability and usefulness <br />for its intended function. <br />The County agrees to affix a unique identification number (that <br />is permanently attached for inventory purposes) on each item of <br />the aforesaid equipment. Within thirty (30) days following the <br />installation and acceptance of the equipment, the County shall <br />submit to the Council a document verifying the identification <br />number, location, model number, serial number (if applicable) <br />and condition of all equipment purchased under this agreement. <br />The County agrees to ensure that all persons who use any medical <br />equipment purchased under this contract shall receive any special <br />training required for proper operation or utilization of said <br />equipment. <br />The County agrees that it will not dispose of, or transfer title <br />to, and equipment obtained under this agreement without the prior <br />written approval of the Council. <br />The County agrees to provide continuing service and maintain all <br />equipment procured under this agreement in satisfactory working <br />order. <br />The County agrees to maintain accurate and complete records per- <br />taining to the procurement, maintenance, and licensure (if <br />applicable) of all equipment purchased under this agreement, and <br />to make these records available upon request for review by <br />representatives of the Council or of the N.C. Department of <br />Human Resources during normal business hours. <br />The County agrees that no person shall be excluded from partici- <br />pation in, be denied the benefits of, or otherwise be subjected <br />to discrimination on the grounds of race, color, sex, creed, <br />national origin, or any handicapping condition <br />The County agrees that no necessary lifesaving emergency procedures <br />involving use of this equipment will be denied to any patient <br />because of questions or concerns as to his or her ability to pay <br />for services. <br /> <br /> IN WITNESS WHEREOF, the qounty, and the Council have executed this <br />Agreement in duplicate originals, as of the date first above written. <br /> <br />CENTRALINA COUNCIL OF GOVERNMENTS CABARRUS COUNTY <br />'BY: BY: /s/ Charles D. McGinnis <br /> CHAIRMAN <br />ATTEST: ATTEST: /s/ Frankie F. Small <br /> EXECUTIVE DIRECTOR <br /> APPROVED AS TO LEGAL FORM: <br /> /s/ William H. McNair <br /> William H. McNair, COG Legal Counsel <br /> Provisions for the payment of monies to fall due under this Agreement <br />within the current fiscal year have been made by appropriation duly <br />authorized, as required by the Local Government Budget and Fiscal Control <br />Act. <br /> <br /> Finance Officer <br /> Centralina Council of Governments <br /> <br /> <br />