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 Availability of Funds: The parties to this Contract agree and and records as a result of all contracts or grants entered into understand that the payment of the sums specified in this by State agencies or political subdivisions in accordance with Contract is dependent and contingent upon and subject to the General Statute 147-64.7 and Session Law 2010-194,Section appropriation,allocation,and availability of funds for this purpose 21 (i.e.,the State Auditors and internal auditors may audit the to the Agency. records of the contractor during the term of the contract to verify accounts and data affecting fees or performance). The Force Majeure: Neither party is in default of its obligations Contractor shall retain all records for a period of three years hereunder if and it is prevented from performing such obligations following completion of the contract or until any audits begun by any act of war, hostile foreign action, nuclear explosion, riot, during this period are completed and findings resolved, strikes,civil insurrection,earthquake,hurricane,tornado,or other whichever is later. catastrophic natural event or act of God. Record Retention: The Grantee may not destroy, purge or Survival of Promises: All promises, requirements, terms, dispose of records without the express written consent of the conditions, provisions, representations, guarantees, and Agency. State basic records retention policy requires all grant warranties contained herein shall survive the contract expiration records to be retained for a minimum of five years or until all or termination date unless specifically provided otherwise herein, audit exceptions have been resolved,whichever is longer. If the or unless superseded by applicable federal or State statutes of contract is subject to Federal policy and regulations, record limitation. retention may be longer than five years since records must be retained for a period of three years following submission of the Intellectual.Property Rights final Federal Financial Status Report,if applicable,or three years following the submission of a revised final Federal Financial Copyrights and Ownership of Deliverables: Any and all Status Report. Also, if any litigation, claim, negotiation, audit, copyrights resulting from work under this agreement shall disallowance action, or other action involving this Contract has " belong to the Grantee. The Grantee hereby grants to the started before expiration of the five-year retention period North Carolina Department of Environment and Natural described above,the records must be retained until completion of Resources a royalty-free, non-exclusive, paid-up license to the action and resolution of all issues which arise from it,or until use, publish and distribute results of work under this the end of the regular five-year period described above, agreement for North Carolina State Government purposes whichever is later. only. Time Records: The Grantee will maintain records of the time Compliance with Applicable Laws and effort of each employee receiving compensation from this contract,in accordance with the appropriate OMB circular. Compliance with Laws: The Grantee understands and agrees that is subject to compliance with all laws, ordinances, codes, Miscellaneous rules, regulations,and licensing requirements that are applicable to the conduct of its business, including those of federal, state, Choice of Law: The validity of this Contract and any of its terms and local agencies having jurisdiction and/or authority. or provisions,as well as the rights and duties of the parties to this Contract, are governed by the laws of North Carolina. The Equal Employment Opportunity: The Grantee understands Grantee, by signing this Contract, agrees and submits,solely for and agrees that it is subject to compliance with all federal and matters concerning this Contract, to the exclusive jurisdiction of State laws relating to equal employment opportunity. 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 Confidentiality transactions and agreements relating to it, and their situs and forum, shall be Wake County, North Carolina,where all matters, Confidentiality: As authorized by law, the Grantee keeps whether sounding in contract or tort, relating to the validity, confidential any information, data, instruments, documents, construction, interpretation, and enforcement shall be studies or reports given to or prepared or assembled by the determined. Grantee under this agreement and does not divulge or make them available to any individual or organization without the prior Amendment: This Contract may not be amended orally or by written approval of the Agency. The Grantee acknowledges that performance. Any amendment must be made in written form and in receiving, storing, processing or otherwise dealing with any executed by duly authorized representatives of the Agency and confidential information it will safeguard and not further disclose the Grantee. the information except as otherwise provided in this Contract or without the prior written approval of the Agency. Severability: In the event that a court of competent jurisdiction holds that a provision or requirement of this Contract violates any Oversight 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 Access to Persons and Records: The State Auditor and the otherwise unenforceable and all other provisions and using agency's internal auditors shall have access to persons requirements of this Contract shall remain in full force and effect.