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<br /> Attachment- S5
<br /> STATE OF HAWAII
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<br /> ¢Q~.®gppo!&@ SPECIAL CONDITIONS
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<br /> 1. Audit and Accounting Records. CONTRACTOR shall maintain detailed administrative and fiscal
<br /> records. CONTRACTOR shall comply with rules of 15 CFR Part 24, including but not limited to the
<br /> standards for financial management systems. CONTRACTOR shall allow STATE to inspect its
<br /> premises, books, accounting documents, payrolls, and all other records for the purpose of auditing,
<br /> monitoring, and/or evaluating CONTRACTOR's activities under this Agreement. CONTRACTOR
<br /> shall maintain records and receipts for a period of three (3) years after submission of the Final Grant
<br /> Report, or until any and all audit findings are resolved, whichever period is longer. During this period,
<br /> STATE representatives or their authorized agents shall have access to all of CONTRACTOR's records
<br /> and documents at any time upon providing reasonable notice to CONTRACTOR. In no case shall
<br /> CONTRACTOR dispose of accounting records as required to be maintained under this section of this
<br /> Agreement without first informing STATE of its intent to do so. CONTRACTOR shall comply with the
<br /> Single Audit Act as pertaining to recipients of Federal funds, which includes funds received as a
<br /> subrecipient, conduct an annual audit in accordance with OMB Circular A-133 and Department of
<br /> Commerce regulations, and provide copies of the audit report to STATE within 30 days of completion.
<br /> 2. Ownership of Documents and Equipment. Originals of all invoices (or billings) shall become the
<br /> property of the STATE. Any equipment purchased by CONTRACTOR with EDA Grant funds shall
<br /> vest with STATE.
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<br /> 3. Hold Harmless. CONTRACTOR agrees to defend, indemnify, protect, and hold STATE and its
<br /> agents, officers, and employees harmless from and against any and all claims asserted of liability
<br /> established for damages or injuries to any person or property, including injury to CONTRACTOR's
<br /> employees, agents, or officers, which arise from or are connected with or caused by or claimed to be
<br /> caused by the acts or omission of CONTRACTOR and its employees, agents, or officers in performing
<br /> the work or services herein, and all expenses of investigation and defending against same; provided,
<br /> however, that CONTRACTOR's duty to hold harmless shall not include any,claims or liability arising
<br /> from the established sole negligence or willful misconduct of STATE, its agents, employees, or officers.
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<br /> 4. Insurance. CONTRACTOR shall secure and maintain fidelity bond and other necessary insurance
<br /> with STATE as a named beneficiary.
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<br /> 5. Political Affairs or Activities. CONTRACTOR shall not use funds from this Award. Personnel,
<br /> materials, to advocate or support any particular positions on any matter that is being proposed by a vote
<br /> of the people, or is being considered for enactment by any legislative body of the STATE, counties, or
<br /> the federal government. Neither will CONTRACTOR use funds from this award, personnel, or
<br /> materials to influence an officer or employee of any legislative body or an elected official or an
<br /> employee of any governmental agency in the awarding of any contract, loan, cooperative agreement, or
<br /> the extension, continuation, renewal, amendment, or modification of any contract, grant, loan, or
<br /> cooperative agreement. CONTRACTOR will disclose any funding from other sources that has been
<br /> paid or will be paid to any person for influencing or attempting to influence an elected official or a
<br /> public agency by completing, signing, and submitting federal Standard Form - LLL, "Disclosure Form
<br /> to Report Lobbying", in accordance with its instructions.
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<br /> AG-015 Rev 11/15/2005 1
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