5-1-2023 BOC Regular Meeting Minutes

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N.C.Parks and Recreation Trust Fund Accessibilitv for Parks Proiect Agreement body, from the Grantee's disbursing of state funds and local matching funds and shall include actions to be taken by the Grantee or the individual,or both to avoid conflicts of interest and the appearance of impropriety. The policy shall be filed before the Department may disburse the grant funds,unless the Grantee is covered by the provisions of N.C.G.S.160A-479.11 and/or 14-234.[N.C.G.S. 143C-6-23(b)(2007)). Grantee shall at all times comply with the Grantee's conflict of interest policy. 11. The Grantee certifies that it: a. Has neither used nor will use any appropriated funds for payment to lobbyists; b. Will disclose the name, address, payment details, and purposes of any agreement with lobbyists whom 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. 12. Except as otherwise provided herein or unless superseded by applicable federal or State statute of limitations, all promises, indemnifications, requirements, terms conditions, provisions, representations, guarantees, and warranties contained herein shall survive the Agreement expiration or termination date. 13. This Agreement may not be amended orally or by performance. Amendments shall be made in writing on a form prepared by the Department and duly executed by an authorized representative of the Department and the Grantee. 14. If any provisions of this Agreement are held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. 15. If eligible, the Grantee and all subrecipients shall: (a) ask the North Carolina Department of Revenue for a refund of all sales and use taxes paid by them in the performance of this Agreement, pursuant to N.C.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. 16. Travel expenses shall not be reimbursed in the performance of this Agreement. If travel is necessary in the performance of this Agreement,it shall be included in the approved project budget and narrative. 17. This Agreement and any documents incorporated specifically by reference represent the entire agreement between the Parties and supersede all prior oral or written statements or agreements. This Agreement and any addenda thereto, are incorporated herein by reference as though set forth verbatim. All promises, requirements, terms, conditions, provisions, representations, guarantees, and warranties contained herein shall survive the Agreement expiration or termination date unless specifically provided otherwise herein, or unless superseded by applicable Federal or State statutes of limitation. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK—SIGNATURE PAGES FOLLOWS] Page 6 of 10