HomeMy WebLinkAboutAgenda 07-28-2026; 8-c - Acceptance of Great Trails State Grant for Seven Mile Creek Natural Area 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: July 28, 2026
Action Agenda
Item No. 8-c
SUBJECT: Acceptance of Great Trails State Grant for Seven Mile Creek Natural Area
DEPARTMENT: Environment, Agriculture, Parks
and Recreation (DEAPR)
ATTACHMENT(S): INFORMATION CONTACT:
Grant Agreement David Stancil, 245-2510
Christian Hirni, 245-2514
PURPOSE: To approve and authorize the Chair to sign an Agreement accepting a grant from
the Great Trails State Program with the North Carolina Department of Natural and Cultural
Resources - Division of Parks and Recreation for the Seven Mile Creek Natural Area Mountains
to Sea Trail Expansion project.
BACKGROUND: In July 2025, Orange County was awarded a grant from the Great Trails State
Program, administered by the North Carolina Department of Natural and Cultural Resources. The
Great Trails State Grant provides matching funds for installation or expansion of trails available
to the public. This grant will be utilized for the expansion of the trail system at the County's Seven
Mile Creek Natural Area, particularly for the future Mountains to Sea Trail connections. The
current trail system provides just over two (2) miles of trail, all of which are within the easternmost
bounds of the preserve. The grant expands the trail system to the western portion of the site and
provides a loop trail that will eventually be a part of the Mountains to Sea Trail. The proposed new
loop trail will extend the current trail by approximately 2.5 miles and extend the trail network
through the preserve.
In July 2025, the State announced that the Orange County Seven Mile Creek Natural Area
Mountains to Sea Trail Expansion proposal was selected, and that Orange County would be
awarded $101,178 in matching funds for the project over a three-year period. The State Grant
Agreement has only been recently received, and requires the Board Chair's signature by August
22, 2026.
FINANCIAL IMPACT: This $101,178 grant will be matched with a like amount of existing funds
in the County's Lands Legacy Program. The total expected project costs, including grant and
County matching funds, will be $202,356.
ALIGNMENT WITH STRATEGIC PLAN: This item supports:
• GOAL 2: HEALTHY COMMUNITY
OBJECTIVE 8. Invest in services and programs that improve the health and quality of life
of the community (e.g., recreation and public open spaces, arts, etc.).
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• GOAL 4: MULTI-MODAL TRANSPORTATION
OBJECTIVE 2. Increase community awareness of all modes of transportation including
transit, bike and pedestrian, vehicle, and all other modes.
RECOMMENDATION(S): The Manager recommends that the Board approve and authorize the
Chair to sign the Grant Agreement accepting the Great Trails State Grant with the North Carolina
Department of Natural and Cultural Resources.
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Great Trails State Program Grant Agreement
E STATE OF NORTH CAROLINA GRANTEE'S FEDERAL TAX 1.D.##
COUNTY OF WAKE
Great Trails State Program Grant Agreement
This grant contract ("Contract") is hereby entered into by and between the North Carolina
Department of Natural and Cultural Resources (the "Agency") and Orange County (the "Grantee")
(referred to collectively as the "Parties")for the purpose of providing grant funding to the Grantee for
new trail development and extension of existing trails across North Carolina, including for planning,
land and easement acquisition, construction, and maintenance.
Grantee Information:
Grantee: Orange County
Grantee Address and Contact Information:
Christian Robert Hirni, Land Conservation Manager
PO Box 8181
Hillsborough, NC 27278
chirni@orangecountync.gov
919-245-2514
Grantee Fiscal Year End Date:June 30
Grant Award Date:July 7, 2025
Project Number: GTSP2025-0055
Project Title:Seven Mile Creek Natural Area Mountains to Sea Trail Expansion
Period Covered by This Contract:August 1, 2026,through July 31, 2029
Project Scope (Description of Project): Construction deliverables include natural single track trail
construction(15,840LFT), Cedar bridge construction(4LFT), Silt socks (11-FT),Stone Armor(8 SQFT),
Pine Signage Kiosk, Carsonite signage posts, trail alignment and flagging, planning costs, and
contingency
Project Costs: Grant Award Amount:$101,178
Grantee-Provided Match: $101,178
The Parties agree to be bound by and comply with the terms, requirements, promises, conditions,
plans, specifications, estimates, procedures, project proposals, maps, and assurances appearing
either directly or by reference in this Contract, as well as described in Section 14.6 of N.C.Session Law
2023-134, the Great Trails State Program ("GTSP") grant application, and the Great Trails State
Program Application Guide (the "Guide"), and the following documents, which are incorporated
herein by reference, as though fully set forth herein:
1) The Scope of Work, description of services (Attachment A)
2) The Line-Item Budget and Narrative (Attachment B)
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Great Trails State Program Grant Agreement
3) Notice of Certain Reporting and Audit Requirements (Attachment C)
4) State Grant Certification—No Overdue Tax Debts form (Attachment D)
5) Waiver of Retroactivity(Attachment E)
Upon execution of this Contract,the Agency hereby promises, in consideration of the promises by the
Grantee herein, to provide to the Grantee the grant amount shown above. The Grantee hereby
promises to efficiently and effectively manage the funds in accordance with the approved budget,to
promptly complete grant-assisted activities described above in a diligent and professional manner
within the project period, and to monitor and report work performance.
DEFINITIONS
Except as otherwise provided in the Contract documents, the terms below shall have the following
meanings in this Contract.
"Agency" means the North Carolina Department of Natural and Cultural Resources.
"Audit" means an examination of records orfinancial accounts to verify their accuracy.
"Certification of Compliance" means a report provided by the Grantee to the Agency that states that
the Grantee has met the reporting requirements established by this Contract and included as a
statement of certification by the Agency as part of the Grantee reporting package.
"Compliance Supplement" refers to the North Carolina State Compliance Supplement, maintained by
the State and Local Government Finance Agency within the North Carolina Department of State
Treasurer that has been developed in cooperation with agencies to assist the local auditor in
identifying program compliance requirements and audit procedures for testing those requirements.
"Deliverable(s)" means any tangible and original works of authorship created by or on behalf of
Grantee under the Contract.
"Director of State Budget" means the State Budget Director of North Carolina.
"Fiscal Year" means the annual operating year of the non-State entity.
"Financial Statement" means a report providing financial statistics relative to a given part of an
organization's operations or status.
"Grant" means financial assistance provided by DNCR to an eligible grantee to carry out the activities
and purpose identified in this Contract.
"Grantee" means an entity that receives State financial assistance.
"Non-State Entity" has the meaning in G.S. 143C-1-1(d)(18).
"Single Audit" means an audit that includes an examination of an organization's financial statements,
internal controls, and compliance with the requirements of Federal or State awards.
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Great Trails State Program Grant Agreement
"State financial assistance" means State funds disbursed as a grant,cooperative agreement, non-cash
contribution,food commodities,or direct appropriation to a grantee or subrecipient as defined in this
Contract.
"Special Appropriation" means a legislative act authorizing the expenditure of a designated amount
of public funds for a specific purpose.
"State Funds" means any funds appropriated by the North Carolina General Assembly or collected by
the State of North Carolina. State funds include federal financial assistance received by the State and
transferred or disbursed to non-State entities. Both Federal and State funds maintain their identity as
they are disbursed as financial assistance to other organizations.
"Subrecipient" means a non-State entity that receives State financial assistance from a Grantee to
carry out part of a State program; but does not include an individual that is a beneficiary of such
program.
TERMS AND CONDITIONS
1. Great Trails State Grant Program Terms and Conditions
a) Grant funds awarded from the funds allocated in Section 14.6 of N.C. Session Law 2023-134
must be matched in accordance with the tier ranking of the county where the project is
located below. In the case of trail projects in more than one county,the match shall be based
on the lowest county tier.The required match is as follows:
(i) Tier 1: in the amount of one non-State dollar($1.00)of matching funds for every four
dollars ($4.00)of State funds;
(ii) Tier 2: in the amount of one non-State dollar($1.00)of matching funds for every two
dollars ($2.00) of State funds; or
(iii)Tier 3: in the amount of one non-State dollar($1.00)of matching funds for every one
dollar($1.00) of State funds.
The match may include cash, fee waivers, in-kind services, the donation of assets, the
provision of infrastructure,or a combination of these.Non-cash matches must be quantifiable
and documented. Eligible matching funds shall follow the requirements outlined in the Guide.
b) To be eligible, project costs must be incurred during the period covered by this. Contract, be
documented in the grant application, described in the project scope of this Contract, and
initiated and/or undertaken after execution of this Contract by the Grantee and the Agency,
unless the Grantee has obtained a Waiver of Retroactivity approved by the Agency. The
Agency shall only pay or reimburse the Grantee for reasonable,eligible costs actually incurred
by the Grantee that do not exceed the grant award amount for the Project outlined in this
Contract.
c) Land acquisition costs, and property value used as match, for fee title and easement
acquisition shall be based on the fair market value of real property or the sales price,
whichever is less. The value must be based upon an independent appraisal completed by a
licensed appraiser holding a general or residential certification from the North Carolina
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Great Trails State Program Grant Agreement
Appraisal Board who certifies that it meets the Uniform Standard of Professional Appraisal
Practices (USPAP) or Uniform Appraisal Standards for Federal Land Acquisitions (Yellow Book
appraisal). Properties valued at over $750,000 require two appraisals. Appraisals must be
dated within 12-18 months of the effective date of the grant contract.The Agency shall review
the appraisal as to content and valuation. Approval of appraised amounts rests with the
Agency.
d) Fee title land or easement purchases acquired prior to the Grant being awarded shall only be
considered an eligible cost if the Grantee obtained a Waiver of Retroactivity approved by the
Agency prior to the acquisition.
e) The Grantee agrees that all fee simple land purchases or easements acquired with GTSP
assistance shall be used for recreational trail purposes for the use and benefit of the general
public for a minimum period of fifteen (15) years after acquisition. The Grantee agrees to
maintain and manage GTSP-assisted development/renovation projects for public recreation
use for a minimum period of fifteen (15) years after project completion. GTSP-assisted
development/renovation project, land purchases, and easements shall not be converted to
other than public recreational trail use without the prior written approval of the Agency or its
successor agency. If the GTSP-assisted development/renovation project, land purchases, or
easements is converted without prior Agency approval, the Agency reserves the right to
require the Grantee to reimburse the Agency for the full grant award amount.
This 1S-year trail use requirement shall be binding upon the Grantee and all parties having
any right, title, or interest in the property, and their heirs, successors, and assigns, and shall
be binding upon all those claiming by, through, or under each such party. Furthermore, the
Agency, and its agents, employees,and representatives shall have a right of entry and access
to the property for the purpose of inspecting the property and exercising its enforcement
rights during the 15-year period.
f) In the event the Grantee, its successors or assigns, wishes to transfer the property or any
interest therein during the 15-year period, it shall notify the Agency in writing of the names
and addresses of any party to whom the property is intended to be transferred at least sixty
(60)days prior to the time said transfer is to be consummated.Any transferee of the property
or any interest therein shall take title subject to the 15-year trail use requirement referenced
herein or applicable to the property. The Grantee, its successors and assigns, shall make
specific reference to the 15-year trail use requirement in a separate paragraph of all
subsequent leases, deeds, or other legal instruments by which the Property or any interest
therein is conveyed.
g) In the event that a Grantee obtains a Waiver of Retroactivity for fee title land or easement
purchases acquired prior to the Grant being awarded, the Grantee shall file a notice of
restriction in the property records of the county in which the property is located using
language provided by the Agency which includes restrictive language that recognizes the
State's interest in the property and the property's perpetually restricted use as a State Trail.
This notice shall be in lieu of the language required for insertion into the fee interest deed or
easement deed as described in Section 1(e) of this Contract.
Grant Agreement GTSP2025-0055 Page 4 of 19
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Great Trails State Pro,graml. Grant Agreement
h) The Grantee shall provide a copy to the Agency of the fee interest deed, easement deed, or
notice of restriction within thirty (30) days of recording.
i) The Grantee agrees to begin development on property acquired with GTSP assistance within
three (3)years of the project closeout date in order to allow general public access and use.
j) The Grantee agrees to permit periodic audits and site inspections by the Agency to ensure
work progress in accordance with the approved project, including a required close-out
inspection upon project completion. After project completion,the Grantee agrees to conduct
compliance inspections at least once every five (5)years and to submit an Agency-provided
inspection report to the Agency.
k) Wherever possible and appropriate, bridges, boardwalks,signage,and other trail facilities
shall follow standard designs and specifications as the Agency may specify.
1) The Grantee agrees to operate and maintain the project site so as to appear attractive and
inviting to the public, kept in reasonably safe repair and condition,and open for public use at
reasonable hours and times of the year, according to the type of facility and area.
m) All facilities funded by GTSP shall comply with the Americans with Disabilities Act Accessibility
Guidelines ("ADAAG") and any amendments thereto.
n) The Grantee shall only use seeds and plants classified by the U.S. Department of Agriculture
as native to North Carolina in all project design and construction, except (i) nonnative seeds
and plants may be used in landscaping for locations where the primary purpose is crop
cultivation, crop and horticulture research,science,botanical gardens,orzoos and(ii)the use
of nonnative turf grass is acceptable.
o) If the project site is rendered unusable for any reason whatsoever, the Grantee agrees to
immediately notify the Agency of said conditions and to make repairs, at its own expense, in
order to restore use and enjoyment of the project by the public.
2. Grantee's Duties, Line-Item Adjustments,and Scope of Work.,The Grantee shall provide the services
as described in Attachment A, Scope of Work and Description of Services and in accordance with the
approved budget in Attachment B. The Grantee may make line-item adjustments of less than ten
percent (10%) for budgeted expenditures without prior approval from the Agency, except if the
adjustment would exceed the total grant amount.
For line-item adjustments of ten percent(10%) or more for budgeted expenditures,the Grantee shall
submit a written request for approval to the Agency and include a justification for the adjustment.
Line-item adjustments requiring approval shall be effective only upon a dually executed amendment
between the parties, in accordance with Paragraph 21 of this Contract.
Amendments executed under this Paragraph shall include the new line-item adjustment(s)
(Attachment B) and any changes in the Scope of Work and Description of Services (Attachment A)
related to the duties and services affected by the line-item adjustment. An amendment that fails to
comply with the requirements of this Paragraph shall not be binding upon the parties. A violation of
Grant Agreement GTSP2025-0055 Page 5 of 19
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Great Trails State Program Grant Agreement
this Paragraph shall constitute a material breach and shall entitle the Agency to terminate the contract
and pursue all rights and actions available to it under the law.
3. Grant Invoices and Payments: Payment shall be made in accordance with this Contract,the Scope of
Work(Attachment A),and the Line-Item Budget and Narrative (Attachment B). The total amount paid
by the Agency to the Grantee under this Contract is $101,178. Invoices shall be submitted to the
Contract Administrator quarterly. Final invoices, including accounting records that document all
expenditures, must be received by the Agency prior to or at the time of the close-out inspection.
Accounting records should be based on generally accepted accounting standards and principles. All
accounting records and supporting documents shall clearly show the Project Number and Project Title
to which they are applicable. The Agency may provide monitoring and oversight through a
combination of periodic e-mails, calls,visits, and review of reports, invoices and deliverables.
4. No Employment Relationship Between State and Grantee: The Grantee is and shall be wholly
responsible for the performance of this Contract and as such shall be wholly responsible for the work
to be performed and for the supervision of its employees in the performance of this Contract. The
Grantee's performance of this Contract does not create or establish any employment relationship,
joint venture, or partnership between the Grantee and the State or the Agency. The Grantee
represents that it has, or shall secure at its own expense, all personnel required to perform the
services under this Contract. Such personnel of Grantee shall not be employees of, or have any
individual contractual relationship with, the State orthe Agency.
5. Assignment: No assignment of the Grantee's obligations or the Grantee's right to receive payment
hereunder shall be permitted. However, upon written request approved by the Agency, the Agency
may:
(a) Forward the Grantee's payment check(s) directly to any person or entity designated by the
Grantee; or
(b) Include any person or entity designated by Grantee as a joint payee on the Grantee's payment
check(s).
In no event shall such approval and action obligate the Agency to anyone other than the Grantee and
the Grantee remain responsible for fulfillment of all contract obligations.
6. Beneficiaries: Except as otherwise provided herein, this Contract shall inure to the benefit of and be
binding upon the Parties hereto and their respective successors. It is expressly understood and agreed
that the enforcement of the terms and conditions of this Contract, and all rights of action relating to
such enforcement,shall be strictly reserved to the Agency and the named Grantee. Nothing contained
in this document shall give or allow any claim or right of action whatsoever by any other third person.
It is the express intention of the Agency and Grantee that any such person or entity, other than the
Agency or the Grantee, receiving services or benefits under this Contract shall be deemed an
incidental beneficiary only.
7. Indemnification: The Grantee shall hold and save the State, its officers, agents, and employees,
harmless from liability of any kind, including all claims and losses accruing or resulting to any other
person, firm, or corporation furnishing or supplying work, services, materials, or supplies in
connection with the performance of this Contract, and from any and all claims and losses accruing or
Grant Agreement GTSP2025-0055 Page 6 of 19
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Great Trails State Program Grant Agreement
resulting to any person, firm, or corporation that may be injured or damaged by the Grantee in the
performance of this Contract and that are attributable to the negligence or intentionally tortious acts
of the Grantee.
8. Noncompliance and Use of Grant Funds:The Grantee may only use the grant funds disbursed hereto
in the manner allowed under this Contract. The Agency shall review reporting from the Grantee to
ensure that grant fund expenditures meet the requirements of this Contract,as well as any applicable
laws, rules,or regulations. If the Agency finds that the Grantee is noncompliant with any requirements
of this Contract or law, the Agency may declare the Grantee ineligible for further participation in
future GTSP grant cycles and/or take action consistent with applicable laws and regulations, including,
but not limited to, the requirements of 09 NCAC 03M .0801, until such time as compliance has been
obtained to the satisfaction of the Agency.
9. Termination by Mutual Consent: The Parties may terminate this Contract by mutual consent with 60
days'written notice to the other Party, or as otherwise provided by law.
10. Termination for Cause: If, through any cause,the Grantee shall fail to fulfill its obligations under this
Contract in a timely and proper manner,the Agency shall have the right to terminate this Contract by
giving written notice to the Grantee and specifying the effective date thereof.
11. Effect of Termination:
(a) In the event the Contract is terminated by either party, the Grantee shall be paid for work that is
satisfactorily completed under the terms of this Contract,as determined by the Agency and under
the terms herein.
(b) The Grantee shall not incur new obligations for the terminated portion of the Contract and shall
cancel as many outstanding obligations as possible, immediately after receiving the notification
of termination from the Agency or providing the Agency with the same if the Grantee is
terminating the Contract. Costs incurred after receipt or provision of termination notice shall be
disallowed.
(c) The Grantee shall not be relieved of any liability owed to the Agency because of any breach of the
Contract by the Subgrantee. The Agency may,to the extent authorized by law,withhold payments
to the Subgrantee for the purpose of set-off until the exact amount of damages due the Agency
from the Subgrantee is determined.
(d) In the event of termination by either Party, the Grantee shall provide to the Agency an itemized
list of all Deliverables created under the Contract.
(e) In addition, in the event of default by the Grantee under this Contract, the Agency may, to the
extent and in the manner allowed under law,immediately cease doing business with the Grantee,
immediately terminate for cause all existing contracts the Agency has with the Grantee, and de-
bar the Grantee from doing future business with the Agency.
12. Waiver of Default: Waiver by the Agency of any default or breach in compliance with the terms of
this Contract by the Grantee shall not be deemed a waiver of any subsequent default or breach and
shall not be construed to be modification of the terms of this Contract unless stated to be such in
writing, signed by an authorized representative of the Agency and the Grantee and attached to the
Contract.
13. Reversion of Unused Funds at Termination or Expiration of Contract and upon Certain Audit
Findings:The Grantee agrees to refund to the Agency,subsequent to an audit of the project's financial
records, any costs disallowed or required to be refunded to the Agency on account of audit
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Great Trails State Program Grant Agreement
exceptions.The Grantee agrees that any unused State-awarded funds remaining afterthe completion
of the project or termination of this Contract shall revert back to the Agency to be deposited into
GTSP for distribution by the Agency.
14. Avallability of Funds:The Parties to this Contract agree and understand that the payment of the sums
specified in this Contract is dependent and contingent upon and subject to the allocation and
appropriation of funds for this purpose to the Agency.
15. Force Majeure: Neither Party shall be deemed to be in default of its obligations hereunder if and so
long as it is prevented from performing such obligations by any act of war, hostile foreign action,
nuclear explosion, riot, strikes, civil insurrection, earthquake, hurricane, tornado, or other
catastrophic natural event or act of God.
16. Survival of Promises: 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 Contract
expiration or termination date.
17, Intellectual Property Rights, Licensing, and Ownership of Deliverables: The Grantee shall own all
rights, title, and interest in deliverable items produced pursuant to this Contract. Notwithstanding
the foregoing,the Grantee agrees to grant to the Agency, at no charge to the Agency,a non-exclusive,
royalty-free, and irrevocable right and license to reproduce, publish, or otherwise use any deliverable
item for Agency purposes,as well as purposes of the State, and to authorize others to do so. Further,
the Grantee shall require all subrecipients and subcontractors to include in all agreements relating to
this Contract a clause giving the Agency the same rights, title, and license granted herein.
This license is not to be construed as a conveyance or surrender of copyright,trademark,or any other
right or interest, based in intellectual property or otherwise,that is or may be vested in the Grantee's
ownership of the deliverable items. Furthermore, the Grantee warrants and represents that it shall
only create deliverable items in which the Grantee is the sole owner of all rights, title, and interest
thereto. Such rights, title,and interests include, but are not limited to, copyright,trademark, and any
other intellectual property rights. The Grantee warrants and represents that this Contract and the
rights licensed herein do not violate any other party's rights or interests in intellectual property or
otherwise. In addition, the Grantee agrees to not use the deliverable items in any manner to suggest
speech on the part of the Agency or the State of North Carolina or which would be unlawful by a
government agency.
18. Federal Intellectual Property Bankruptcy Protection Act: The Parties agree that the Agency shall be
entitled to all rights and benefits of the Federal Intellectual Property Bankruptcy Protection Act, Public
Law 100-506, codified at 11 U.S.C. 365(n) and any amendments thereto.
19. Compliance with Laws:All Parties to this Contract shall comply with all laws,ordinances,codes, rules,
regulations, and licensing requirements that are applicable to its conduct and to the administration
of this Contract.
20. Equal Employment Opportunity:The Grantee shall comply with all federal and State laws relating to
equal employment opportunity and fair and equal employment, including, but not limited to,
Governor Cooper's Executive Order 24 as well as Title VII of the Civil Rights Act of 1964,as applicable.
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Great Trails State Program Grant Agreement
21. Access to Persons and Records:The Grantee shall provide to authorized State entities such access to
persons and records required under law, including, but not limited to,access required under N.C.G.S.
§§ 143-49 and 147-64-7. The Grantee shall retain all records for a period of five years following
completion of the Contract.
22. Record Retention: The Grantee shall retain documents and records relating to this Contract for a
minimum of five years or until all audit exceptions have been resolved, whichever is longer. Also, if
any litigation, claim, negotiation, audit, disallowance action, or other action involving this Contract
has been started before expiration of the five-year retention period described above, the records
must be retained until completion of the action and resolution of all issues which arise from it,or until
the end of the regular five-year period described above, whichever is later.
23. Amendment: This Contract may not be amended orally or by performance. Amendments shall be
made in writing on a form prepared by the Agency and duly executed by an authorized representative
of the Agency and the Grantee.
24. Severability: In the event that a court of competent Jurisdiction holds that a provision or requirement
of this Contract violates any applicable law, each such provision or requirement shall continue to be
enforced to the extent it is not in violation of law or is not otherwise unenforceable and all other
provisions and requirements of this Contract shall remain in full force and effect.
25. Headings: The Section and Paragraph headings in these General Terms and Conditions are not
material parts of the Contract and should not be used to construe the meaning of any text or content
thereof.
26. Sales/Use Tax Refunds: 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
Contract, 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.
27. Travel Expenses: Travel expenses shall not be reimbursed in the performance of this Contract. If
travel is necessary in the performance of this Contract, it shall be included in the approved project
budget and narrative.
28. Gifts and Favors Regulated: Under Governor Perdue's Executive Order 24 and N.C.G.S. §133-32, it is
unlawful for any vendor or contractor (e.g., architect, bidder, contractor, construction manager,
design professional, engineer, landlord, offeror, seller, subcontractor, supplier, or vendor) to make
gifts or to give favors to any State employee of the Governor's Cabinet Agencies. This prohibition
covers those vendors and contractors who:
(1) have a contract with a government agency;
(2) have performed under such a contract within the past year; or
(3) anticipate bidding on such a contract in the future.
The requirements of N.C.G.S. § 133-32 are hereby incorporated by reference, including any
subsequent amendments thereto, and shall apply to all vendors and subcontractors under this
Contract.
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Great Trails State Program Grant Agreement
29, Effective Period: This Contract shall be effective upon signature by all Parties to this Contract and
shall terminate upon final expenditure of all funds and submission of all reports as required by law
and this Contract.
30. Conflict of Interest Policy: The Grantee shall have on file with the Agency a copy of the Grantee's
policy addressing conflicts of interest that may arise involving the Grantee's management employees
and the members of its governing body as set forth in N.C.G,S. §143C-6-23(b). The policy shall address
situations in which any of these individuals may directly or indirectly benefit, except as the Grantee's
employees or members of its board or other governing body, from the Grantee's disbursing of State
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 Agency may disburse
the grant funds.
31. Statement of No Overdue Tax Debts:The Grantee's sworn written statement pursuant to N.C.G.S. §
143C-6-23(c), stating that the Grantee does not have any overdue tax debts, as defined by N.C.G.S. §
105-243.1, at the federal, state, or local level, is attached as Attachment D. Grantee acknowledges
that the written statement must be filed before the Agency may disburse the grant funds.
32. Compliance with Certain Reporting and Audit Requirements: The Grantee shall follow all relevant
State laws, rules, and regulations relating to reporting and audit requirements. In addition, this
Contract is subject to the reporting requirements described in the Notice of Certain Reporting and
Audit Requirements (Attachment C).
33. Disbursements: As a condition of this Contract, the Grantee acknowledges and agrees to make
disbursements in accordance with the following requirements:
(a) Implement adequate internal controls over disbursements.
(b) Ensure sufficient account coding information to provide for tracking of grant funds through the
Grantee's accounting system.
(c) Assure adequate control of signature stamps/plates.
(d) Assure adequate control of negotiable instruments; and
(e) Implement procedures to ensure that all account balances are solvent and reconcile the account
monthly.
34. Outsourcing/Assignability/Subcontracting:The Grantee shall not subgrant or subcontract any of the
work contemplated under this Contract without prior written approval from the Agency. The Agency
shall not be obligated to pay for any work performed by any unapproved subgrantee,subrecipient,or
subcontractor. The Grantee is not relieved of any of the duties and responsibilities of this Contract.
Furthermore, any subrecipient or subgrantee must agree to abide by the standards contained in this
Contract and to provide all information to allow the Grantee to comply with these standards.
35. Cap State-Funded Portion of Nonprofit Salaries: Pursuant to Section 5.4 of Session Law 2023-134, no
more than one hundred forty thousand dollars ($140,000) in State funds, including any interest
earnings accruing from those funds, may be used for the annual salary of any individual employee of
the Grantee.
36, Contract Administrators:All notices permitted or required to be given by one Party to the other and
all questions about the Contract from one Party to the other shall be addressed and delivered to the
Grant Agreement GTSP2025-0055 Page 10 of 19
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Great Trails State Program Grant Agreement
other Party's Contract Administrator. The name, post office address, street address, telephone
number, fax number, and email address of the Parties' respective initial Contract Administrators are
set out below. Either Party may change the name, post office address, street address, telephone
number, fax number, or email address of its Contract Administrator by giving written notice to the
other Party within 30 calendar days of such change.
Agency Contact Information Grantee Contact Information
Vonda Martin Christian Robert Hirni
Program Manager land Conservation Manager
Grants &Outreach Orange County
NC Division of Parks & Recreation PO Box 8181
1615 Mail Service Center Hillsborough, NC 27278
Raleigh, NC 27699-1615 919-245-2514
919-707-9338 chirni@orangecountync.gov
grants@ncparks.gov
37. Choice of Law: The validity of this Contract and any of its terms or provisions, as well as the rights
and duties of the Parties to this Contract, are governed by the laws of North Carolina. The Grantee,
by signing this Contract, agrees and submits, solely for matters concerning this Contract, to the
exclusive jurisdiction of the courts of North Carolina and agrees, solely for such purpose, that the
exclusive venue for any legal proceedings shall be Wake County, North Carolina. The place of this
Contract and all transactions and understandings relating to it, and their situs and forum, shah be
Wake County, North Carolina, where all matters shall be determined.
38. Entire Agreement: This Contract 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 Contract 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 Contract expiration ortermination date
unless specifically provided otherwise herein, or unless superseded by applicable Federal or State
statutes of limitation.
39. Signature Warranty: The undersigned represent and warrant that they are authorized to bind their
principals to the terms of this Contract.
[THIS SPACE INTENTIONALLY LEFT BLANK]
Grant Agreement GTSP2025-0055 Page 11 of 19
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Great Trails State Program Grant Agreement
In Witness Whereof,the Grantee and the Agency have executed this Contract in duplicate originals,
with one original being retained by each Party.
Grantee, Orange County
Signature of Chief Elected Official [gate
Printed Name Title
(Notary Public Completes)
State of North Carolina
County of
On this day of 20_,
personally appeared before me the said
named in their capacity as
for Grantee, to me known and known to me to be the person
described in and who executed the foregoing instrument, and he (or she)acknowledged that he (or she)
executed the same and being duly sworn by me, made oath that the statements in the foregoing
instrument are true.
My commission expires: 20
(Seal Here)
Signature of Notary Public
Grant Agreement GTSP2025-0055 Page 12 of 19
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i
Great Trails State Program Grant Agreement
f
North Carolina Department of Natural and Cultural Resources
Pamela B. Cashwell,Secretary
I
By: Director, NC Paries &
Recreation
Department Head or Authorized Agent Title Date
for Secretary Cashwell
North Carolina Source of Funds:Account Code: 56600188
Grant Agreement GTSP2025-0055 Page 13 of 19
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