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employees is that employees on state budgeted positions receive state benefits and are subject to certain duties, <br /> obligations, arid 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 position may receive a salary supplement <br /> fi'om any source unless specifically authorized in the Appropriations Act or other state law. This prohibition <br /> includes the payment to such employee ora so-called "flat rate" car allowance or travel allowance. Any travel or <br /> per diem allowance to these employees shall be on a reimbursement basis, supported by appropriate records, and <br /> shall not exceed the reim bursement for In ileage and/or per diem allowed under the Appropriations Act and current <br /> state travel regulations. This restriction shall apply whether travel funds are provided in Attachment(s) under this <br /> contract or from ally other source. <br /> <br /> PERFORMING AGENCY shall 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 tbese <br /> positions will be subject to approval of RECEIVING AGENCY'S Bureau of Humfin 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 shall ma nta n required records and submit documents necessary to process personnel, <br /> payrol, 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 /> An independent audit is not required as a condition of this contract if the contract Attachment provides assistance ' <br /> through 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 <br /> a revised budget to PERFORMING AGENCY to complete the conversion if the <br /> request is granted. <br /> <br /> ARTICLE 36. S__urvival of Term~ <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 Ambiguifi~ <br /> <br />The parties expressly agree that they have each independently read and understood this contract. Any ambiguities <br />in this contract shall not be construed against the drafters. <br /> <br /> GENERAL PROVISIONS Page 24 Il/2001 <br /> <br /> <br />