2014-168 Solid Waste - Department of Environment and Natural Resources for Roll Cart Purchase $75,000

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ATTACHMENT A DENR CONTRACT NO.5833 (18) "Unit of Local Government has the meaning in G.S. third person receiving services or benefits under this Contract is 143-6.2(a)(2): A municipal corporation that has the an incidental beneficiary only. power to levy taxes, including a consolidated city- county as defined by G.S. 16013-2(1), and all boards, agencies, commissions, authorities, and institutions Indemnity thereof that are not municipal corporations. Indemnification: In the event of a claim against either party by Relationships of the Parties a third party arising out of this contract,the party whose actions gave rise to the claim is responsible for the defense of the claim Independent Contractor: The Grantee is and shall be deemed and any resulting liability,provided that a party may not waive the to be an independent contractor in the performance of this other party's sovereign immunity or similar defenses. The parties Contract and as such shall be wholly responsible for the work to agree to consult with each other over the appropriate handling of be performed and for the supervision of its employees. The a claim and, in the event they cannot agree,to consult with the Grantee represents that it has, or shall secure at its own Office of the Attorney General. expense,all personnel required in performing the services under this agreement. Such employees shall not be employees of, or Default and Termination have any individual contractual relationship with,the Agency. Termination by Mutual Consent: Either party may terminate Subcontracting: To subcontract work to be performed under this agreement upon thirty(30)days notice in writing from the this contract which involves the specialized skill or expertise other party. In that event, all finished or unfinished of the Grantee or his employees, the Grantee first obtains documents and other materials, at the option of the Agency, prior approval of the Agency Contract Administrator. In the shall be submitted to the Agency. If the contract is terminated event the Grantee subcontracts for any or all of the services as provided herein, the Grantee is paid in an amount which or activities covered by this contract: (a) the Grantee is not bears the same ratio to the total compensation as the relieved of any of the duties and responsibilities provided in services actually performed bear to the total services of the this contract; (b) the subcontractor agrees to abide by the Grantee covered by this agreement; for costs of work standards contained herein or to provide such information as performed by subcontractors for the Grantee provided that to allow the Grantee to comply with these standards, and; (c) such subcontracts have been approved as provided herein;or the subcontractor agrees to allow state and federal authorized for each full day of services performed where compensation is representatives access to any records pertinent to its role as based on each full day of services performed, less payment of a subcontractor. compensation previously made. The Grantee repays to the Agency any compensation the Grantee has received which is Sub-grantees: The Grantee has the responsibility to ensure that in excess of the payment to which he is entitled herein. all sub-grantees, if any, provide all information necessary to permit the Grantee to comply with the standards set forth in this Termination for Cause: If, through any cause, the Grantee Contract. fails to fulfill in timely and proper manner the obligations under this agreement, the Agency thereupon has the right to Assignment: The Grantee may not assign the Grantee's terminate this contract by giving written notice to the Grantee obligations or the Grantee's right to receive payment hereunder. of such termination and specifying the reason thereof and the However, upon Grantee's written request approved by the effective date thereof. In that event, all finished or unfinished issuing purchasing authority,the Agency may: documents, data, studies, surveys, drawings, maps, models, (a) Forward the Grantee's payment check(s)directly to any photographs, and reports prepared by the Grantee , at the person or entity designated by the Grantee,or option of the Agency, be submitted to the Agency, and the (b) Include any person or entity designated by Grantee as Grantee is entitled to receive just and equitable a joint payee on the Grantee's payment check(s). compensation for any satisfactory work completed on such documents and other materials. The Grantee is not relieved Such approval and action does not obligate the State to anyone of liability to the Agency for damages sustained by the other than the Grantee and the Grantee remains responsible for Agency by virtue of any breach of this agreement, and the. fulfillment of all contract obligations. Agency may withhold payment to the Grantee for the purpose of set off until such time as the exact amount of damages due Beneficiaries: Except as herein specifically provided otherwise, the Agency from such breach can be determined. this Contract insures to the benefit of and is binding upon the parties hereto and their respective successors. It is expressly Waiver of Default: Waiver by the Agency of any default or understood and agreed that the enforcement of the terms and breach in compliance with the terms of this Contract by the conditions of this Contract,and all rights of action relating to such Grantee is not a waiver of any subsequent default or breach and enforcement, are strictly reserved to the Agency and the named is not a modification of the terms of this Contract unless stated to Grantee. Nothing contained in this document shall give or allow be such in writing,signed by an authorized representative of the any claim or right of action whatsoever by any other third person. Agency and the Grantee and attached to the contract. It is the express intention of the Agency and Grantee that any