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Attachment A
<br />DEQ Contract 8035
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<br />following completion of the contract or until any audits begun
<br />during this period are completed and findings resolved,
<br />whichever is later.
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<br />Record Retention: The Grantee may not destroy, purge or
<br />dispose of records without the express written consent of the
<br />Agency. State basic records retention policy requires all grant
<br />records to be retained for a minimum of six (6) years or until all
<br />audit exceptions have been resolved, whichever is longer. If the
<br />contract is subject to Federal policy and regulations, record
<br />retention may be longer than six (6) years since records must be
<br />retained for a period of three years following submission of the
<br />final Federal Financial Status Report, if applicable, or three years
<br />following the submission of a revised final Federal Financial
<br />Status Report. Also, if any litigation, claim, negotiation, audit,
<br />disallowance action, or other action involving this Contract has
<br />started before expiration of the six (6) year retention period
<br />described above, the records must be retained until completion of
<br />the action and resolution of all issues which arise from it, or until
<br />the end of the regular six (6) year period described above,
<br />whichever is later.
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<br />Time Records: The GRANTEE will maintain records of the time
<br />and effort of each employee receiving compensation from this
<br />contract, in accordance with the appropriate OMB circular.
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<br />Miscellaneous
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<br />Choice of Law: The validity of this Contract and any of its terms
<br />or provisions, as well as the rights and duties of the parties to this
<br />Contract, are governed by the laws of North Carolina. The
<br />Grantee, by signing this Contract, agrees and submits, solely for
<br />matters concerning this Contract, to the exclusive jurisdiction of
<br />the courts of North Carolina and agrees, solely for such purpose,
<br />that the exclusive venue for any legal proceedings shall be Wake
<br />County, North Carolina. The place of this Contract and all
<br />transactions and agreements relating to it, and their situs and
<br />forum, shall be Wake County, North Carolina, where all matters,
<br />whether sounding in contract or tort, relating to the validity,
<br />construction, interpretation, and enforcement shall be
<br />determined.
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<br />Amendment: This Contract may not be amended orally or by
<br />performance. Any amendment must be made in written form and
<br />executed by duly authorized representatives of the Agency and
<br />the Grantee.
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<br />Severability: In the event that a court of competent jurisdiction
<br />holds that a provision or requirement of this Contract violates any
<br />applicable law, each such provision or requirement shall continue
<br />to be enforced to the extent it is not in violation of law or is not
<br />otherwise unenforceable and all other provisions and
<br />requirements of this Contract shall remain in full force and effect.
<br />
<br />Headings: The Section and Paragraph headings in these
<br />General Terms and Conditions are not material parts of the
<br />agreement and should not be used to construe the meaning
<br />thereof.
<br />Time of the Essence: Time is of the essence in the performance
<br />of this Contract.
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<br />Care of Property: The Grantee agrees that it is responsible
<br />for the proper custody and care of any State owned property
<br />furnished him for use in connection with the performance of
<br />his contract and will reimburse the State for its loss or
<br />damage.
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<br />Ownership of equipment purchased under this contract rests
<br />with the Grantee. Upon approval of the Agency Contract
<br />Administrator, such equipment may be retained by the
<br />Grantee for the time the Grantee continues to provide
<br />services begun under this contract.
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<br />Travel Expenses: All travel, lodging, and subsistence costs are
<br />included in the contract total and no additional payments will be
<br />made in excess of the contract amount indicated in above.
<br />Contractor must adhere to the travel, lodging and subsistence
<br />rates established in the Budget Manual for the State of North
<br />Carolina.
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<br />Sales/Use Tax Refunds: If eligible, the Grantee and all sub-
<br />grantees shall: (a) ask the North Carolina Department of
<br />Revenue for a refund of all sales and use taxes paid by them in
<br />the performance of this Contract, pursuant to G.S. 105-164.14;
<br />and (b) exclude all refundable sales and use taxes from all
<br />reportable expenditures before the expenses are entered in their
<br />reimbursement reports.
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<br />Advertising: The Grantee may not use the award of this
<br />Contract as a part of any news release or commercial
<br />advertising.
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<br />Recycled Paper: The Grantee ensures that all publications
<br />produced as a result of this contract are printed double-sided on
<br />recycled paper.
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<br />Sovereign Immunity: The Agency does not waive its sovereign
<br />immunity by entering into this contract and fully retains all
<br />immunities and defenses provided by law with respect to any
<br />action based on this contract.
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<br />Gratuities, Kickbacks or Contingency Fee(s): The parties
<br />certify and warrant that no gratuities, kickbacks or contingency
<br />fee(s) are paid in connection with this contract, nor are any fees,
<br />commissions, gifts or other considerations made contingent upon
<br />the award of this contract.
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<br />Lobbying: The Grantee certifies that it (a) has neither used
<br />nor will use any appropriated funds for payments to lobbyist;
<br />(b) will disclose the name, address, payment details, and
<br />purpose of any agreement with lobbyists whom the Grantee
<br />or its sub-tier contractor(s) or sub-grantee(s) will pay with
<br />profits or non-appropriated funds on or after December 22,
<br />1989; and (c) will file quarterly updates about the use of
<br />lobbyists if material changes occur in their use.
<br />DocuSign Envelope ID: 70D8DD00-0712-4FFB-A412-CD2A7FF1E38B
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