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Rev. 07/2024 Governmental 5 of 8
<br />17.Record Retention: Records shall not be destroyed, purged or disposed of without the express written consent
<br />of the Agency. State basic records retention policy requires all grant records to be retained for a minimum of
<br />five years or until all audit exceptions have been resolved, whichever is longer. If the Contract is subject to
<br />Federal policy and regulations, record retention may be longer than five years since records must be retained
<br />for a period of three years following submission of the final Federal Financial Status Report, if applicable, or
<br />three years following the submission of a revised final Federal Financial Status Report. Also, if any litigation,
<br />claim, negotiation, audit, disallowance action, or other action involving this Contract has been started before
<br />expiration of the five-year retention period described above, the records must be retained until completion of
<br />the action and resolution of all issues which arise from it, or until the end of the regular five-year period
<br />described above, whichever is later.
<br />18.Amendment: This Contract may not be amended orally or by performance. Any amendment must be made in
<br />written form and executed by duly authorized representatives of the Agency and the Grantee.
<br />19.Severability: In the event that a court of competent jurisdiction holds that a provision or requirement of this
<br />Contract violates any applicable law, each such provision or requirement shall continue to be enforced to the
<br />extent it is not in violation of law or is not otherwise unenforceable and all other provisions and requirements
<br />of this Contract shall remain in full force and effect.
<br />20.Headings: The Section and Paragraph headings in these General Terms and Conditions are not material parts of
<br />the agreement and should not be used to construe the meaning thereof.
<br />21.Travel Expenses: Travel expenses shall not be reimbursed in the performance of this Contract. If travel is
<br />necessary in the performance of this Contract, it shall be included in the approved project budget and narrative.
<br />22.Sales/Use Tax Refunds: If eligible, the Grantee and all subgrantees shall: (a) ask the North Carolina Department
<br />of Revenue for a refund of all sales and use taxes paid by them in the performance of this Contract, pursuant to
<br />N.C.G.S. 105-164.14; and (b) exclude all refundable sales and use taxes from all reportable expenditures before
<br />the expenses are entered in their reimbursement reports.
<br />23.Entire Agreement: This Contract and any documents incorporated specifically by reference represent the entire
<br />agreement between the Parties and supersede all prior oral or written statements or agreements. This Request
<br />for Proposals, any addenda thereto, and the offeror’s proposal are incorporated herein by reference as though
<br />set forth verbatim. All promises, requirements, terms, conditions, provisions, representations, guarantees, and
<br />warranties contained herein shall survive the contract expiration or termination date unless specifically
<br />provided otherwise herein, or unless superseded by applicable Federal or State statutes of limitation.
<br />24.By Executive Order 24, issued by Governor Perdue, and N.C.G.S. §133-32, it is unlawful for any vendor or
<br />contractor (i.e. architect, bidder, contractor, construction manager, design professional, engineer, landlord,
<br />offeror, seller, subcontractor, supplier, or vendor) to make gifts or to give favors to any State employee of the
<br />Governor’s Cabinet Agencies (i.e. Administration, Commerce, Correction, Crime Control and Public Safety,
<br />Cultural Resources, Environment and Natural Resources, Health and Human Services, Juvenile Justice and
<br />Delinquency Prevention, Revenue, Transportation, and the Office of the Governor). This prohibition covers
<br />those vendors and contractors who:
<br />(1)have a contract with a government agency; or
<br />(2)have performed under such a contract within the past year; or
<br />(3)anticipate bidding on such a contract in the future.
<br />For additional information regarding the specific requirements and exemptions, vendors and contractors are
<br />encouraged to review Executive Order 24 and G.S. Sec. 133-32.
<br />Docusign Envelope ID: 58385E6A-CCB2-4965-9AFB-30E53E96EF0E
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