2017-604 Co. Mgr. - NC Dept. of Agriculture and Consumer Services for the Orange County Crop Fund

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Oversight Care of Property: The Grantee agrees that it shall be responsible for the proper custody and care of any Access to Persons and Records: The State Auditor property furnished to it for use in connection with the and the using agency's internal auditors shall have performance of this Contract and will reimburse the access to persons and records as a result of all Agency for loss of, or damage to, such property. At Contracts or grants entered into by State agencies or the termination of this Contract, the Grantee shall political subdivisions in accordance with General contact the Agency for instructions as to the Statute 147-64.7 and Session Law 2010-194, Section disposition of such property and shall comply with 21 (i.e., the State Auditors and internal auditors may these instructions. audit the records of the contractor during the term of the Contract to verify accounts and data affecting Amendment: This Contract may not be amended fees or performance). orally or by performance. Any amendment must be made in written form and executed by duly authorized Record Retention: Records shall not be destroyed, representatives of the Agency and the Grantee, purged or disposed of without the express written consent of the Agency. State basic records retention Severability: In the event that a court of competent policy requires all grant records to be retained for a jurisdiction holds that a provision or requirement of minimum of five years or until all audit exceptions this Contract violates any applicable law, each such have been resolved, whichever is longer. If the provision or requirement shall continue to be Contract is subject to federal policy and regulations, enforced to the extent it is not in violation of law or is record retention may be longer than five years since not otherwise unenforceable and all other provisions records must be retained for a period of three years and requirements of this Contract shall remain in full following submission of the final Federal Financial force and effect. Status Report, if applicable, or three years following the submission of a revised final Federal Financial Travel Expenses: Reimbursement to the Grantee Status Report. Also, if any litigation, claim, for travel mileage, meals, lodging and other travel negotiation, audit, disallowance action, or other expenses incurred in the performance of this action involving this Contract has been started before Contract shall be reasonable and supported by expiration of the five-year retention period described documentation. State rates shall be used. above, the records must be retained until completion International travel shall not be reimbursed under this of the action and resolution of all issues which arise Contract. from it, or until the end of the regular five-year period described above, whichever is later. Sales/Use Tax Refunds: If eligible, the Grantee and all subgrantees shall: (a) ask the North Carolina Miscellaneous Department of Revenue for a refund of all sales and use taxes paid by them in the performance of this Choice of Law: The validity of this Contract and any Contract, pursuant to G.S. 105-164.14; and (b) of its terms or provisions, as well as the rights and exclude all refundable sales and use taxes from all duties of the parties to this Contract, are governed by reportable expenditures before the expenses are the laws of North Carolina. The Grantee, by signing entered in their reimbursement reports. this Contract, agrees and submits, solely for matters concerning this Contract, to the exclusive jurisdiction Advertising: The Grantee shall not use the award of of the courts of North Carolina and agrees, solely for this Contract as a part of any news release or such purpose, that the exclusive venue for any legal commercial advertising. proceedings shall be Wake County, North Carolina. The place of this Contract and all transactions and Indirect Costs Policy: The Agency has adopted a agreements relating to it, and their situs and forum, "Zero" policy that indirect costs are unallowable shall be Wake County, North Carolina, where all expenditures in all State funded grant applications matters whether sounding in Contract or tort, relating and/or grant guidance, informational or directional to the validity, construction, interpretation, and documents. enforcement shall be determined. Allowable Uses of State Funds: Expenditures of Headings: The Section and Paragraph headings in State funds by any grantee shall be in accordance these General Terms and Conditions are not material with the Cost Principles outlined in the Office of parts of the agreement and should not be used to Management and Budget (OMB) CFR Title 2, Part construe the meaning thereof. 200 Uniform Administrative Requirements, as applicable. If the grant funding includes federal Time of the Essence: Time is of the essence in the sources, the grantee shall ensure adherence to the performance of this Contract. cost principles established by the Federal Office of Management and Budget. [09 NCAC 03M.0201 NCDA&CS-General Terms and Conditions—Public-Local Governmental Entities Eff.07/14;4/15;1/17 Page 4 of 4