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<br />employees is that employees on state budgeted positions receive state benefits and are subject to certain duties, <br />obligations, and restrictions as state employees as contained in state law, One such restriction, as contained in the <br />State Appropriations Act, is that no employee paid on a state-budgeted po'sition may receive a salary supplement <br />from any source unless specifically authorized in the Appropriations Act or other state law. This prohibition <br />includes the payment to such employee of a so-called "flat rate" car allowance or travel allowance. Any travel or <br />per diem allowance to these employees must be on a reimbursement basis, supported by appropriate records, and <br />may not exceed the reimbursement for mileage and/or per diem allowed under the Appropriations Act and current <br />state travel regulations. This restriction will apply whether travel funds are provided in Attachment(s) under this <br />contract or from any other source. <br /> <br />PERFORMING AGENCY will utilize RECEIVING AGENCY'S policies and procedures for hiring and promoting <br />individuals into state-budgeted positions funded by this contract. Qualifications of any individuals filling these <br />positions will be subject to approval of RECEIVING AGENCY'S Bureau of Human Resources. The purpose of the <br />approval is to ensure that individuals occupying these positions meet minimum educational and experience <br />requirements. <br /> <br />PERFORMING AGENCY will maintain required records and submit documents necessary to process personnel, <br />payroll, leave and time records, and travel costs on state-budgeted positions, RECEIVING AGENCY will furnish <br />documentation regarding salary compensation or travel reimbursement for employees on state-budgeted positions. <br /> <br />An independent audit is not required as a condition ofthis contract if the Attachment provides assistance through <br />assignment of state-budgeted positions and no funds are budgeted for local costs, <br /> <br />PERFORMING AGENCY may be reimbursed for local personnel costs or other categories of expense used to <br />fulfill the scope of work of applicable Attachment( s) in lieu of being furnished state payroll warrants after a state- <br />budgeted position becomes vacant. Reimbursement will not exceed the balance of funds on the state-budgeted <br />position after all benefits, obligations, and/or other entitlements are met. PERFORMING AGENCY'S Director, or <br />other person( s) authorized elsewhere in this contract, may submit a request for conversion, RECEIVING AGENCY <br />will transmit formal approval and a revised budget to PERFORMING AGENCY to complete the conversion if the <br />request is granted. <br /> <br />ARTICLE 36. Survival of Terms <br /> <br />Termination or expiration of this contract for any reason shall not release either party from any liabilities or <br />obligations set forth in this contract that (a) the parties have expressly agreed shall survive any such termination or <br />expiration, or (b) remain to be performed or by their nature would be intended to be applicable following any such <br />termination or expiration. <br /> <br />ARTICLE 37. Construction of Ambie;uities <br /> <br />The parties expressly agree that they have each independently read and understood this contract. Any ambiguities <br />in this contract will not be construed against the drafters. <br /> <br />ARTICLE 38. No Waiver of Sovereie;n Immunity <br /> <br />(LGS) <br /> <br />2002 GENERAL PROVISIONS Page 24 <br /> <br />04/01 <br />