2011-424 Solid Waste - NC Dept of Environment and Natural Resources - Grant Contract

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Attachment A DENR Contract 4119 Time of the Essence:Time is of the essence in the performance Safety,Cultural Resources,Environment and Natural Resources, of this Contract. Health and Human Services, Juvenile Justice and Delinquency Prevention, Revenue, Transportation, and the Office of the Care of Property: The Grantee agrees that it is responsible Governor). This prohibition covers those vendors and for the proper custody and care of any State owned property contractors who: furnished him for use in connection with the performance of his contract and will reimburse the State for its loss or (1) have a contract with a governmental agency;or damage. (2) have performed under such a contract within the past year;or Travel Expenses:All travel, lodging, and subsistence costs are (3) anticipates bidding on such a contract in the future. included in the contract total and no additional payments will be made in excess of the contract amount indicated in above. For additional information regarding the specific requirements and Contractor must adhere to the travel, lodging and subsistence exemptions, vendors and contractors are encouraged to review rates established in the Budget Manual for the State of North Executive Order 24 and G.S.Sec.133-32. Carolina. (hftp://www.osbm.state.nc.us/files/pdf files/BudgetManual.odfl Executive Order 24 also encouraged and invited other State Agencies to implement the requirements and prohibitions of the SaleslUse Tax Refunds: If eligible, the Grantee and all sub- Executive Order to their agencies. Vendors and contractors grantees shall: (a) ask the North Carolina Department of should contact other State Agencies to determine if those Revenue for a refund of all sales and use taxes paid by them in agencies have adopted Executive Order 24." the performance of this Contract, pursuant to G.S. 105-164.14; and (b) exclude all refundable sales and use taxes from all reportable expenditures before the expenses are entered in their reimbursement reports. Advertising: The Grantee may not use the award of this Contract as a part of any news release or commercial advertising. Recycled Paper: The Grantee ensures that all publications produced as a result of this contract are printed double-sided on recycled paper. Sovereign Immunity: The Agency does not waive its sovereign immunity by entering into this contract and fully retains all immunities and defenses provided by law with respect to any action based on this contract. Gratuities, Kickbacks or Contingency Fee(s): The parties certify and warrant that no gratuities, kickbacks or contingency fee(s)are paid in connection with this contract,nor are any fees, commissions,gifts or other considerations made contingent upon the award of this contract. Lobbying: The Grantee certifies that it (a) has neither used nor will use any appropriated funds for payments to lobbyist; (b) will disclose the name, address, payment details, and purpose of any agreement with lobbyists whom the Grantee or its sub-tier contractor(s) or sub-grantee(s) will pay with profits or non-appropriated funds on or after December 22, 1989; and (c) will file quarterly updates about the use of lobbyists if material changes occur in their use. 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 Govemor's Cabinet Agencies (i.e., Administration,Commerce, Correction,Crime Control and Public