2000 S Solid Waste - N.C. Department of Environment and Natural Resources 2000 Solid Waste Reduction Assistance Grant Project H01012

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CONTRACT NO. H01012 5. None of the work to be performed under this contract which involves the specialized skill or expertise of the CONTRACTOR or his employees shall be subcontracted without prior approval of the Contract Administrator. In the event the CONTRACTOR subcontracts for any or all of the services or activities covered by this contract: (a) the CONTRACTOR is not relieved of any of the duties and responsibilities provided in this contract; (b) the subcontractor agrees to abide by the standards contained herein or to provide such information as to allow the CONTRACTOR to comply with these standards, and; (c) the subcontractor agrees to allow state and federal authorized representatives access to any records pertinent to its role as a subcontractor. 6. The services of the CONTRACTOR are to commence on the 1st day of July, 2000, and shall be undertaken and completed in such sequence as to assure their expeditious completion in the light of the purposes of this agreement, but in any event, all of the services required hereunder shall be completed by the 30th day of June, 2001. 7. The CONTRACTOR shall assure that no person, solely on the grounds of race, color, age, religion, sex or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity covered by this agreement. 8. The CONTRACTOR shall assure that no otherwise qualified handicapped individual, solely by reason of his/her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity covered by this agreement. 9. The Americans with Disabilities Act 1990 (ADA) makes it unlawful to discriminate in employment against a qualified individual with a disability and outlaws discrimination against individuals with disabilities in State and local government services and public accommodations. The CONTRACTOR certifies that it and its principals and subcontractors will comply with regulations in ADA Title I (Employment), Title II (Public Services), and Title III (Public Accommodations) in fulfilling the obligations under this agreement. 10. If, through any cause, the CONTRACTOR shall fail to fulfill in timely and proper manner the obligations under this agreement, the DEPARTMENT shall there upon have the right to terminate this contract by giving written notice to the CONTRACTOR of such termination and specifying the reason thereof and the effective date thereof. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the CONTRACTOR shall, at the option of the DEPARTMENT, become its property, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. The CONTRACTOR shall not be relieved of liability to the DEPARTMENT for damages sustained by the DEPARTMENT by virtue of any breach of this agreement, and the DEPARTMENT may withhold payment to the CONTRACTOR for the purpose of set off until such time as the exact amount of damages due the DEPARTMENT from such breach can be determined. 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 2 of 5