2000 S Solid Waste - Acceptance of Grant for Wood Waste Processing

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CONTRACT NO. H200049 11. This contract may be terminated by either party upon thirty (30) days notice given in writing by one party to the other. If the contract is terminated, all finished or unfinished documents and other materials shall, at the option of the DEPARTMENT, become its property. Termination of the contract by the CONTRACTOR shall not prohibit the DEPARTMENT from seeking remedy for additional costs consequential to the termination, which are incurred by the DEPARTMENT. If the contract is terminated by the DEPARTMENT as provided herein, the CONTRACTOR will be paid in an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the CONTRACTOR covered by this agreement; for costs of work performed by subcontractors for the CONTRACTOR provided that such subcontracts have been approved as provided herein; or for each full day of services performed where compensation is based on each full day of services performed, less payment of compensation previously made. The CONTRACTOR shall repay to the DEPARTMENT any compensation he has received which is in excess of the payment to which he is entitled herein. 12. 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 appropriation, allocation, and availability of funds for this purpose to the DEPARTMENT. 13. The CONTRACTOR agrees to indemnify and save harmless the State of North Carolina, Department of Environment and Natural Resources, its officers and employees from claims, suits, actions, damages and cost of every name and description arising out of or resulting from the performance of this contract. 14. Any CONTRACTOR receiving at least $15,000 but less than $100,000 in state funds from the DEPARTMENT within any fiscal year is required to file with each funding state agency a sworn accounting of receipts and expenditures of state funds in the format approved by the State Auditor. This accounting must be attested to by the CONTRACTOR fiscal officer and one other authorizing officer of the CONTRACTOR. This accounting must be filed with each funding state agency within six months after the end of the CONTRACTOR'S operating year. If the CONTRACTOR receives STATE funds of$100,000 or more during its fiscal year, it must file with the State Auditor and each funding agency its audited financial statements in accordance with the standards and formats prescribed by the State Auditor in Memorandum NGO-2 "Grantee Audit Reports." If the CONTRACTOR receives $300,000 or more in FEDERAL awards during its fiscal year from any source, including federal funds passed through the State or other grantors, it must obtain a single audit or program-specific audit conducted in accordance with the Federal Office of Management and Budget's Circular A-133 "Audits of States, Local Government and Non-Profit Organizations." If the above amounts are not met by one single funding agency, but rather any combination of funding agencies, then the appropriate reports shall be sent to the Office of the State Auditor. Also, a corrective action plan for any audit findings and recommendations must be submitted along with the audit report or within the period specified by the applicable OMB Circular or Memorandum. 15. The DEPARTMENT may, from time to time, request changes in the scope of the services of the CONTRACTOR to be performed under this agreement. Such changes, including any increase or decrease in the amount of the CONTRACTOR'S compensation, which are mutually agreed upon by and between the CONTRACTOR and the DEPARTMENT, shall be incorporated in written amendments to this contract. 3 of 5